One of the most disabling injuries people can sustain in auto accidents is a motorcycle accident injury. Unlike other forms of cars, motorcyclists do not have the same level of security around them. This increases the likelihood that motorcycle riders will suffer serious injuries or suffer fatal injuries in an accident.
You might be entitled to financial compensation if you sustain incapacitating harms or losses. You may hold the responsible party accountable with the assistance of a committed Hesperia motorcycle accident lawyer at the Law Office of Joshua Moody.
What is a Motorcycle Accident Lawyer?
An experienced motorcycle accident lawyer is a personal injury lawyer who is familiar with your state’s personal injury laws and local motorcycle laws. They will be able to help you obtain financial compensation for your motorcycle accident-related expenses, including medical bills, lost earnings, pain and suffering, motorcycle damage, and other associated expenses.
Motorcycle accident victims should be aware of the following in order to obtain the best motorcycle accident lawyer for their case:
- Always be aware of your rights as a victim or an injured party.
- Review the statute of limitations for your claim.
- Gather all required evidence, which can include the other driver’s information, contacts of witnesses, images from the scene, police report, medical bills, auto body repair costs, and more.
- Understand the situation and be aware of the damages you may be able to recover.
- Take as many photos as you can of the scene, and always keep an eye on your medical costs.
Finding an ideal motorcycle accident attorney to handle the claim after suffering injuries can be made easier by following these simple steps and being aware of certain details before speaking with an attorney. After a motorcycle accident, it is critical to contact a lawyer who can represent the injured party adequately, fight for their rights, and obtain just compensation.
How Can a Hesperia Motorcycle Accident Lawyer Help You?
Accident victims must consult with a lawyer as soon as possible following the motorcycle crash. A person will not be able to get compensation for their injuries from the party who is at fault if they fail to file a claim on time. It is also crucial to remember that accident victims may be entitled to compensation even if they contributed to the collision.
A motorcycle accident lawyer will be able to compile the evidence required to locate and hold the liable party responsible for the victim’s injuries. Obtaining a copy of the accident report, getting in touch with people who were at the scene, and interacting with experts like crash site investigators are a few ways a motorcycle accident attorney will help. A knowledgeable attorney is aware of the kinds of evidence required to prevail in court.
Facts can be missed when you are trying to balance all the aspects of your case while also recovering from your injuries. When you hire a lawyer, they handle everything for you, allowing you adequate time to recover. This enables you to unwind, recuperate, and not worry about the minute particulars of your case.
What to Do After a Motorcycle Accident?
You could feel anxious and afraid after a motorcycle accident and not know what to do. Your subsequent actions, however, could make all the difference in whether you are able to obtain the compensation you are entitled to following an injury. Following a motorcycle accident, you should take the following actions:
- Move to the side of the road with your motorcycle to get to a safe spot.
- While at the scene of the accident, contact emergency personnel and law enforcement to obtain medical assistance and a police report.
- Start collecting the evidence you will need to prove that the responsible person is at fault, such as pictures of the accident scene, traffic conditions, and property damage, as well as the names and contact information of any witnesses.
- For medical treatment and care, go to your doctor’s office, the emergency room, or urgent care after being accessed at the scene.
- For assistance on your course of action, speak with a knowledgeable motorcycle accident attorney in Hesperia, California.
The most important thing to do if you sustain injuries in a motorcycle accident is to seek medical attention as soon as you can. In order for medical professionals to properly evaluate your injuries, emergency workers at the scene of the motorcycle accident may suggest you take an ambulance to the hospital. Even if you decide against going to the hospital immediately since some motorcycle injuries might not manifest right away, you should see a doctor for a checkup within the next day or two.
Common Causes of Motorcycle Accidents
Your Hesperia motorcycle accident lawyer must assess the circumstances of your accident in order to determine liability and demonstrate negligence. A police report can assist an attorney and insurance companies in proving what caused the accident. Sometimes, rarely, the at-fault party may admit to causing the accident. There are many ways a motorcycle accident can occur. The top reasons for a motorcycle accident in the United States are, in no order:
- Distracted driving
- Driving under the influence
- Not checking a blind spot
- Weaving in and out of traffic
- Lane sharing
- Not adhering to traffic or street signs
- Faulty mechanics
- Reckless driving
There are many other causes of an accident, but the above are the most likely to lead to serious injuries and a lawsuit. A motorcycle accident can cause many different types of injuries, and not all accidents will lead to contention or a lawsuit. Usually, there must be serious injury and property damage to hold someone liable and recover compensation.
Who is Liable for a Motorcycle Accident?
After a motorcycle accident, many people may be held accountable. The responsible party is typically another driver on the road. But occasionally, neither the motorcycle rider nor another driver is accountable for the injuries sustained in a collision.
It is sometimes likely that a car or motorcycle manufacturer might be held responsible for harm brought on by an accident. Defective components or an entirely defective motorcycle might result in motor vehicle accidents. Whether a motorcycle’s fault or a component in another driver’s car caused the driver’s injuries, they may be eligible to file a product liability claim against the linked manufacturer and distributor.
A motorcycle accident may also land the government in legal hot water. Roadway conditions and appropriate lane markings are the responsibility of local and state governments. Road routes and designs are the responsibility of the government. If the design or state of the road contributed to a motorcycle accident, a local state agency may be held accountable for injuries and damages sustained in an accident.
Establishing Liability After a Motorcycle Accident
California is an at-fault state. This means that the law of negligence applies to auto and motorcycle accidents. If someone is determined to be “at fault” in a motorcycle crash in California, they may be held entirely responsible for your damages.
California has special insurance regulations, just like many other states. When a driver who is insured by liability insurance injures someone else, the liability coverage insurance will apply. If you cause a car accident, your liability insurance covers the costs of the other victims’ injuries but not your own.
On top of being an at-fault state for liability, California is also a comparative fault state, meaning you can recover damages even if you are somewhat liable for the accident. Even if the motorcycle driver is more than 50% at fault, they can hold the other liable party responsible. However, the damages awarded will typically be assigned to the percentage of fault. For example, if the cyclist is 45% at fault and the other liable party is 55% at fault, then the compensation will likely be for 55% of the damages.
It can be difficult to establish liability if there are no clear signs as to what or who caused the accident. In these instances, an attorney will investigate what could have caused the accident and pair this with expert witness testimony, such as those who recreate accident scenes. Camera footage, scene recreation, police reports, witness testimony, and information from the scene can all help establish liability.
Filing a Lawsuit After a Motorcycle Accident
Whether you have the right to file a lawsuit for your motorcycle accident may be something you want to consider before moving further. Fortunately, there are two main signs that indicate you have a case to file a lawsuit.
Your Hesperia, California motorcycle accident lawyer can help you assess whether the elements of negligence have been proven and whether your injuries qualify you for compensation through a civil or insurance claim.
Your motorcycle accident attorney must demonstrate that the elements of negligence are present in order for your lawsuit to be successful. If an attorney suggests that they do not believe all elements of negligence will be met, then filing a lawsuit may not be the best option in your case. An attorney’s word is not always final, and you can pursue a lawsuit if you believe that is your best option.
When filing a lawsuit, you will file a personal injury lawsuit, which has specific laws such as a statute of limitations. For a personal injury lawsuit in California, the statute of limitations is 2 years for injury to the person and 3 years for property damage. If it has been longer than 2 (3) years, then you will be barred from filing a lawsuit.
If your claim is within the statute of limitations, you know who to hold responsible for the damages, and your case meets the elements of negligence, then you will likely be successful in filing a personal injury lawsuit after a motorcycle accident.
Proving Negligence in a Motorcycle Accident Lawsuit
Before you may pursue compensation after a motorcycle accident, or any other type of motor vehicle accident, you must demonstrate that someone else was negligent and detail how their negligence contributed to the accident. You won’t be able to file a legitimate claim for damages if this does not happen.
Four criteria must be satisfied in every negligence-based personal injury claim:
- Duty: The at-fault driver owed a duty of care to other drivers. This meant that they had a legal obligation to drive defensively and sensibly to protect both themselves and other people.
- Breach: The negligent driver’s failure to uphold their duty of care constituted a breach. This suggests that they did not operate their vehicle in a safe or responsible manner, such as texting and driving, driving under the influence, or excessively speeding.
- Causation: The at-fault driver’s violation of their duty of care is the root cause of the victim’s injuries. They acted or behaved in a reckless and negligent manner.
- Damages: The aftermath of the accident. The accident that the at-fault motorist caused resulted in harm to the victim or to the victim’s property. In other words, injuries were sustained.
In the event of a motorcycle collision, it is the responsibility of every driver to drive so as to avoid directly injuring other people. If a driver violates their duty of care and causes an accident, they are being negligent. The person who caused the injury accident is accountable for any damages. If you were hurt in a motorcycle accident, you have the right to sue for compensation for your damages.
Types of Damages in a Motorcycle Accident Lawsuit
After a motorcycle accident, the amount of compensation you may be entitled to depends on the severity of your injuries, the level of the vehicle’s damage, and the insurance coverage that each driver had. In order to obtain compensation for their injuries, drivers may be able to make a claim with the relevant insurance companies as well as a personal injury lawsuit against the responsible party or parties.
The claim or lawsuit will be able to include an itemized list of damages that you want to recover. This can include both economic and non-economic damages. However, non-economic damages will not be recovered in a claim against the insurance company but only in a personal injury lawsuit.
Non-economic damages, also referred to as general damages, compensate victims of motorcycle accidents for non-financial losses sustained as a result of the motorcycle accident. After a motorbike accident, common non-economic losses include remuneration for emotional anguish, pain and suffering, a decline in quality of life, disfigurement, and a temporary or permanent disability.
Since there won’t be a bill or receipt for mental anguish, non-economic damages are more difficult to demonstrate. In contrast to many other jurisdictions, California law does not place a cap on non-economic damages in personal injury claims, with just two exceptions being instances involving the government and medical negligence.
Compensation for out-of-pocket costs incurred as a result of the accident are included in economic damages, which are also known as special damages. Economic damages are those that can be directly linked to the collision, such as motorcycle repair or replacement costs. Economic losses will also include lost wages and earning potential if the victim’s injuries prevent them from working. Additionally, it will pay for all medical costs, including ongoing therapy and treatment charges as well as previous and future medical bills.
California Motorcycle Safety
There are a few things you should think about before hopping on your motorcycle and hitting the open road. Wearing safety gear, such as helmets and clothing, as well as taking a safety training course, are a few examples. To assist you in riding securely, the California Department of Motor Vehicles has compiled some essential motorcycle information.
The California DMV has put together information on how to properly register your motorcycle, how to obtain a license, the special plates you must use, and what tests are required before riding your bike on the open road. These are just a few starting places to ensure your safety while riding your motorcycle.
In addition to the above information, California Highway Patrol (CHP) has a California Motorcyclist Safety Program that will give riders a basic course and training. This course is optional to riders unless they are under the age of 21. Those under the age of 21 can only obtain a license after taking the mandatory course. Those over the age of 21 can choose to take the course in lieu of a driving test. However, if they have taken and passed the driving test, then those over the age of 21 will not be required to take the course.
Even the most experienced drivers should always use precautions and safety equipment each time they take to the road. Even if you are driving less than a mile, all precautions should still be used.
Hiring a Motorcycle Accident Attorney
You must contact a California personal injury lawyer as soon as possible after a motorcycle accident. California’s tight statute of limitations regulations leave little room for interpretation.
Contact a Hesperia motorcycle accident attorney at The Law Office of Joshua Moody right away for dependable help through the many legal difficulties and problems you will encounter after a motorcycle accident. To arrange a free consultation, call us by phone or send an email.