Motorcycle Accident Attorney in San Clemente, California
How a Motorcycle Injury Lawyer Can Recover a Settlement For You
Get the Highest Settlement You Deserve
You are a careful and conscientious motorcycle rider. You are aware of the dangers of riding and take all necessary precautions to avoid them. Although California gives considerable freedom to bike riders, not all motor vehicle operators respect this. Some automobile drivers are careless and inattentive, driving in a way that puts motorcycle riders in danger.
There are other causes of motorcycle accidents. Whether you have been in an accident caused by a reckless driver or one that results from a malfunctioning part or inadequate traffic signs, you should take legal action.
Why You Need the Best Motorcycle Crash Law Firm in San Clemente
Your first priority after a motorcycle accident is getting your health back. Even as you do so, you should think about the future. You should call a motorcycle injury lawyer even before you report the accident to your insurance company. The insurance company’s main concern is their own profit; your lawyer will be the only one looking after your interests.
Motorcycle crashes can be traumatic. As you try to piece together what happened, you need an intelligent and sympathetic ear. You need a lawyer who will believe in you and will fight for your rights and interests. During the initial interview, your lawyer will sit down with you and ask you to recall the events that led to the accident. The legal strategy that they subsequently form will be based on these statements, so you should try to put forward as much detail as possible.
If a faulty party caused your accident, the manufacturer of that part will send a representative to you once they’ve found out about the collision. If the accident was caused by a malfunctioning traffic light or missing traffic sign, the city will send their lawyers. If a reckless driver caused your accident, the defendant’s insurance company will try to get in touch with you. All such persons should be referred to your lawyer. It is vital to allow your lawyer to handle all communication and correspondence with the liable party for your accident. You don’t want to say or do anything that will undermine the case that the lawyer has built on your behalf.
One of the first things your lawyer will help you ascertain is who is liable for the accident. If the accident results from a faulty traffic light or a missing traffic sign, you may be able to hold the city accountable. If you intend to do so, you will need to file a notice of claim within six months of the injury. Suppose the investigation into the accident determines that there was a part or system failure in your motorcycle or the car of the driver. In that case, you will be able to sue the manufacturer under product liability law. If the collision resulted from carelessness on the part of the other driver, then their insurance company should compensate you.
Keep in mind that the other driver’s insurance company may offer you money. Your motorcycle accident injury attorney will assess the adequacy of the offer. If it compensates you for medical expenses, lost wages, and pain and suffering, your lawyer may urge you to take it. If it does not, then you will need to push for more money. the insurance company refuses to settle for a reasonable amount, then you may need to sue.
The Consequences of a Serious Motorcycle Accident
A serious motorcycle accident can put you on your back for months. You might have to undergo a series of surgeries and invasive procedures to restore your health. Even when you are ready to go back to work, you may have to reduce your hours. In the worst case, you will sustain a permanent injury that causes you to lose your livelihood and make significant adjustments to the way you live, including the taking on of full-time care.
The person who has caused such upheaval in your life should be held accountable. The best motorcycle accident attorney will help you get justice.
Motorcycle accident attorney San Clemente, California
Motorcycle accident attorneys are trained to gather the evidence and employ the law in such a way that helps their clients get fair and adequate compensation. Your lawyer will go beyond the official police report. They will launch an independent investigation into the circumstances surrounding the accident using their own professional investigators. The investigators will make inquiries into the sobriety, driving record, and state of mind of the driver. They will also re-interview the people who witnessed the accident. Doing so may lead them to new evidence—the kind of evidence that corroborates your version of events.
Next, your lawyer will negotiate with the insurance company on your behalf. They will use any newly gathered evidence to fight for justice and get you compensated. This process can be lengthy and complicated based on the circumstances of your claim.
Trying to fight the insurance company alone means you have less time to focus on healing. Employing an experienced lawyer is a critical step that gives you time to heal and get back to doing the things you love. To give you the best tools possible to fight your legal battle, our firm has compiled a list of topics that surround many motorcycle crash claims.
How Much is My Motorcycle Accident Injury Claim Worth?
The size of your motorcycle injury claim depends on the severity of the accident, and therefore, the severity of your damages. Damages in a motorcycle accident can be anything from damage to your bike to emotional trauma. The most common damages include:
- Medical Bills – These include the emergency room bills as well as any further treatment your injuries may require.
- Lost Wages and Potential Earnings – If your injuries are so severe that you cannot work, then you can be compensated for the wages you are no longer bringing in. You can also receive compensation for any potential earnings that you would have received had you continued to work in the future.
- Pain and Suffering – Emotional damages are harder to quantify, so you’ll need a skilled and experienced attorney for these. It’s common for traffic collisions to result in trauma that may bring you nightmares, flashbacks, anxiety when on the road, and difficulty concentrating.
- Punitive Damages – In cases where the other driver acted with gross negligence or malicious intent, the courts can award additional compensation as a sort of punishment.
- Loss of Consortium – If the accident has left you unable to have intimate relations with your spouse or partner, you can receive compensation for your loss of affection and the negative effect it may have on your relationship
Tips on Hiring a Motorcycle Accident Lawyer
When hiring an attorney to help with your accident injury claim, you should consider their:
All of these factors come into play when your attorney investigates your claim to damages and litigates for your compensation.
What to Do After a Motorcycle Accident
Your journey to compensation begins the second the accident occurs. You should always call 911 to get professional medical attention. The 911 dispatcher will also contact a law enforcement officer to come to the scene. The emergency medics and officer will create reports of the accident to serve as documentation of liability and damages. They may also be able to help you move your vehicle off the road so further damage doesn’t ensue.
In the days following, make sure to contact an attorney.
Common Causes of Motorcycle Accidents
Many motor vehicles do not provide proper care when driving around motorcycles. This often results in devastating crashes. The most common causes of these accidents include:
- Head-On Collisions
- Vehicle Making a Left Turn
- Motorcycle Lane Splitting
- Driving While Intoxicated With Drugs or Alcohol
- Road Obstructions
- High Performance Bikes
What is a “No Contact” Accident?
A no-contact motorcycle accident occurs when another driver’s actions lead a motorcycle rider to crash even though there was no actual physical contact. Luckily, you can get compensation for these situations.
In some cases, the driver may continue driving instead of stopping to help the rider. The identity of the driver can be uncovered if there is video evidence of the interaction or eyewitness accounts in which the driver’s license plate number can be uncovered. Uninsured motorist coverage can be used if the driver is not able to be found.
If you crashed your bike to avoid colliding with another vehicle, then you should still contact a personal injury professional, as they can help you find a way to get compensation.
Motorcycle Accidents and Lane Splitting
Lane splitting is legal in California, and there is debate about how safe it is. Lane splitting is when motorcyclists avoid gridlock by riding between immobile or slowly-moving cars.
Accidents can occur while lane splitting due to the close proximity the motorcycle is in to other cars and having to reduce speed in order to maneuver between them. Additionally, drivers of other vehicles often do not anticipate a motorcycle suddenly appearing between lanes while traffic is either slowed or stopped.
Certain factors can help to prove the claim as well, including the following:
- The motorcycle rider was being careful and traveling at a slow speed while not weaving in and out of lanes
- The motorcycle rider is experienced in riding
- The motorcycle rider completed a course on motorcycle riding or motorcycle safety
- The other driver did something more dangerous than lane splitting, such as drifting from lane to lane or failing to signal when switching lanes
Open Door Motorcycle Accidents
Opening car doors are the second highest cause of motorcycle crashes, and this problem needs to be addressed in the public sector, especially since they may lead to serious injuries and fatalities that can adversely affect the motorcycle driver’s life forever.
Many of these accidents are caused by a variety of reasons, including a vehicle driver’s failure to look before stepping out of their vehicle on a busy street or highway. In these cases, the responsibility of the accident is not due to the motorcycle operator. Simply looking over one’s shoulder can stop one of these accidents from occurring.
Sudden Stop Motorcycle Accidents
A sudden stop accident is when a car that’s driving in front of a motorcycle suddenly slams on its brakes, causing the motorcycle rider to crash into the back of their car. Although most rear-ending accidents don’t result in major injuries, a motorcycle doesn’t have the luxury of thousands of pounds of metal to protect them. These crashes can result in serious injuries to the biker and their motorbike.
The most common include skull fractures, broken cheekbones, herniated discs, severe burns from road rash, and numerous cuts and bruises. In addition, even though wearing a helmet, a rider can sustain concussions or even traumatic brain injuries. Even in the best-case scenario, a motorcyclist will be facing a long and arduous recovery period that will bring with it high medical expenses and lost wages from being unable to work.
When a motorcycle is involved in a sudden stop accident, a variety of factors are usually involved. In many cases, distracted driving is to blame. Whether a motorist is talking or texting on their cell phone, changing the radio station, or simply daydreaming, a sudden stop in the road can be devastating to a motorcyclist, since they will likely land on other vehicles or on the pavement.
Contacting an Attorney
The lawyers of Accident Lawyers Firm are aggressive, efficient, and hard-working, and they take a personalized approach to each case so that you can have the strongest claim possible.
Finances are top of mind following a severe traffic collision, but you don’t need to worry with our firm. We offer free case reviews, and our attorneys’ fees are paid on a contingency basis, meaning that you don’t have to pay us until your case is settled. Contact our office to schedule your consultation.