Motorcycles are fun to ride and provide great gas mileage. But the lack of a protective metal frame and other safety features increases the danger of a rider being injured or killed in a crash. And you can need California Motorcycle Accident Lawyer
A motorbike rider is 29 times more likely to killed in an accident and four times more likely to wounded than occupants of automobiles and other passenger vehicles, according to the National Highway and Traffic Safety Administration‘s analysis of the most current crash statistics.
The rider or the rider’s family may entitled to compensation against the at-fault party. If a motorist or other party behaves negligently, recklessly, or carelessly; causing a motorbike rider to crash and killed or injured. A motorcycle accident claim is much too crucial to entrust to anyone except an experienced California motorcycle accident lawyer.
Should You Hire A California Motorcycle Accident Lawyer?
The common perception that someone who rides a motorcycle is a thrill seeker or does not obey traffic laws makes obtaining damages for injuries or fatalities in a motorcycle accident more difficult. A skilled personal injury lawyer with expertise effectively defending the interests of injured riders and their families; is required to overcome juror prejudices about motorcyclists and to solve the legal issues that arise in motorcycle cases.
Accidents involving motorcycles might result in legal consequences.
Because motorcycles lack the crashworthiness and stability of automobiles and other types of vehicles. They are more prone to losing control due to weather conditions, potholes, and other road hazards, as well as collisions with objects or vehicles. At least 80% of motorcycle crashes result; in death or damage to the rider, according to the National Highway Traffic Safety Administration.
If you are wounded or a loved one is killed in a motorcycle accident, you must determine whether to hire a California motorcycle accident lawyer to represent you. Consider the following ways a lawyer makes a difference to help you make your decision:
Dealing with the claims adjusters and investigators of the opposing party
If you wait until after contacting with an insurance investigator or claims adjuster to call your own California motorcycle accident lawyer, it may be too late to avoid making a costly mistake. Insurance companies and the people who work for them are not looking out for your best interests. Their work on behalf of the person whose reckless or careless behavior caused the accident; as well as the injuries and damages you incurred.
Any statement you make, even if it’s in answer to a question about how you’re feeling, might used against you in court, preventing you from receiving the fair and reasonable compensation you deserve.
Allowing a lawyer to engage with insurance companies and their representatives prohibits them from gaining an unfair advantage by twisting and distorting your direct statements or opinions. Your lawyer has the expertise, skills, and experience to go toe-to-toe with insurance companies and defense attorneys during settlement negotiations.
Determining fault and calculating damages
By conducting a thorough investigation, your lawyer gathers evidence to establish the cause of the accident; the person or parties responsible for it, and the damages or losses you suffered as a result of it. The fact that you believe someone else is to fault for your motorcycle accident. And injuries isn’t enough to persuade an insurance company to settle your case or a jury to award you damages. It is necessary to show that someone was at blame.
Your lawyer will gather evidence to use during negotiations or a trial to show that you were injured as a consequence of someone else’s negligence. One of the factors of carelessness is proof of the following:
- A third party, known as the “defendant,” has a legal duty of care to you. Drivers, for example, have a responsibility to operate their vehicles in a manner that does not harm others.
- A driver making a left turn who fails to give you the right of way as you approach on your motorcycle is an example of someone who has breached their duty of care.
- Causation: The defendant’s conduct resulted in your harm or a family member’s death.
- Damages: Documentation of your losses, such as lost wages, pain and suffering, and medical expenses.
A typical defense in motorcycle accident lawsuits is that the rider was at fault in some way. Insurance companies and defense lawyers take advantage of the public’s perception of motorcycle riders as “outlaws” by blaming an injured rider of being partially to responsible for the accident.
Motorcycle accident lawyers know how to overcome arguments like one blaming the victim of contributing to the accident by presenting evidence to build a strong case proving the defendant’s negligence was the only cause of the accident.
Aggressive representation that removes a weight from your shoulders
A motorcycle accident lawyer gives you more time to focus on recovering from your injuries or grieving the loss of a loved one by managing all aspects of your compensation claim.
- Using the cost of medical care; lost earnings, pain and suffering, and other accident-related losses to determine the value of your claim.
- Identifying all persons at fault for the accident and notifying them of your claim for compensation.
- Managing all discussions and negotiations with the insurance companies and defense counsel for the at-fault parties.
- Putting together the papers and other paperwork needed to file a lawsuit against all of the parties involved in the accident.
- Creating and implementing an aggressive plan to get the maximum compensation allowe by law through a negotiated settlement. If a fair resolution cannot reached through negotiations; by prepared to present evidence at trial in order to secure a favorable jury award.
Your lawyer attempts to keep you informed about what’s going on throughout the process, from the initial consultation to the final settlement of your claim. And to provide you the opportunity to actively participate in making decisions about how your damages claim is handle.
Types of Compensation That Might Be Available
After agreeing to represent you; your lawyer will have to determine the amount of money to seek as compensation for the injuries. And losses you suffered as a result of the other parties’ carelessness. Personal injury law in California makes the party whose negligence caused your harm responsible for making you whole by compensating you for your losses. Compensation is broken down into three categories:
Damages that are unique to the case:
These are your out-of-pocket expenses for medical treatment and care, lost wages, and property damage, such as motorcycle repair and replacement. Special damages might include lost or diminished future earning potential, as well as the cost of future medical treatment that your doctors anticipate you’ll need. Special damages can established through receipts, bills, and invoices.
In general, damages include:
Since the objective is to compensate you for the anguish, anxiety, and mental stress that your injuries have caused you. The term “pain and suffering” is also used to indicate general damages. Because general damages cannot calculated using invoices or receipts. Attorneys and insurance companies; calculate damages based on the severity of the injuries, the time it takes you to recover, the amount of disruption the injuries cause in your life, and other factors. It’s a question of taste when it comes to general damages.
Damages for outstanding performance:
Because the primary goal of exemplary penalties is to punish someone for participating in very dangerous or malicious behavior. And to set an example for others to follow; you may hear your lawyer or others refer to them as “punitive damages.”
A motorcycle accident lawyer knows what evidence is needed and how to present it in order to demonstrate damages. Maximize the amount of compensation you receive.
What Does It Cost To Hire A California Motorcycle Accident Lawyer ?
You don’t have to worry about paying for legal representation if you’re in the hospital or limited to your home due to injuries incurred in a motorcycle accident. In California, the majority of motorcycle accident lawyers operate on a “contingency fee” basis.
Contingency fees are paid on a case-by-case basis.
You may hire an expert lawyer to handle a claim for personal injuries caused by a motorcycle accident without having to pay anything up front or risk losing your case if it does not result in a favorable settlement or verdict. Only if the lawsuit results in a positive judgment or settlement will the lawyer charge you a legal fee.
A formal fee agreement between you and the lawyer spells out the specifics of the contingency fee. Including the percentage the lawyer may get from the money award to you. Also, the charge ranges from one-third to forty percent of the money recovered; with the amount appropriate to your case specified in the fee agreement.
Costs and expenses
A explanation of how the claim’s costs and expenditures will handled should included in the fee agreement you form with your lawyer. Fees and costs incurred by a lawyer when representing a client include the following:
- The cost of bringing a lawsuit to court.
- Copies are costly.
- The fees charged by expert witnesses are known as expert witness fees.
- Private investigators charge fees.
- Fees apply to police reports, medical information, and motor vehicle records.
Most lawyers will advance costs and fees as needed and collect them from the settlement or award before subtracting legal expenses. Your lawyer will talk to you about projected fees and include information in the fee agreement about how they will handled and who will be liable for paying them if you do not get compensation.
Motorcycle Helmet Laws in California
Helmets that are properly fitted and approved by the Department of Transportation help to reduce injuries and deaths on motorcycles. According to the California Department of Motor Vehicles, when motorcyclists and passengers wear helmets, the frequency and severity of brain injuries in motorcycle collisions is reduce by 50%.
Wearing a helmet when biking in California not only reduces the risk of injury. It also keeps you from breaching the state’s universal helmet law, which requires all operators and passengers to wear an approved helmet that is properly fitted and attached to the wearer’s head using the helmet’s straps.
Is it feasible that not wearing a helmet will have an impact on a personal injury claim?
California is a comparative negligence state, which means that an injured person’s actions may taken into account. If they contributed to the accident or enhanced the severity or likelihood of injury. A judge or jury may assess the percentage of negligence on the victim’s part. And the damages awarded may lowered accordingly.
Failure to wear a helmet when riding might construed as irresponsible. It might reduce the amount you get after a trial or a negotiated settlement.
In California, how do you find a motorcycle accident lawyer?
We understand that working with an attorney may be frightening and difficult, which is why we’re here to assist you. Call us immediately away if you’ve been in a motorcycle accident in California and need legal assistance. The following are the steps in our simple, simplified procedure:
- Please get in touch with us and let us know about your problem (be as detailed as possible)
- Our legal aid team will analyze your situation as a whole and send your case to one of our recognized attorneys who specializes in cases similar to yours.
- An attorney knowledgeable with your case will meet with you for a free consultation to learn more about how they can best help you.