Fresno Motorcycle Accident: How to File An Accident Claim
Motorcycle accidents can be devastating, leaving victims with severe injuries and mounting medical bills. If you or someone you know was involved in a motorcycle accident in Fresno, California, understanding how to file an accident claim is essential.
In this guide, we explain the steps involved in seeking compensation and the importance of having a motorcycle accident lawyer by your side.
Motorcycle Accident Statistics in California
For context, according to Berkeley SafeTREC, in 2015, a total of 12,844 motorcycle riders sustained injuries in traffic collisions, marking a 2% increase from the 12,608 injured in 2014 and a significant 14% increase over the 11,300 injured in 2011. The leading causes of motorcycle collisions included unsafe speed, right-of-way violations, and improper turning.
- Among these riders, 491 (4%) tragically suffered fatal injuries.
- Additionally, there were 717 injured individuals (6%) who were riding as passengers on motorcycles.
- Notably, alcohol use among motorcyclists is relatively low. Only 7% of motorcycle operators had consumed alcohol before a collision, compared with 11% of car and light-truck drivers.
Understanding the Laws That Affect Compensation
Navigating the legal landscape following a personal injury can be challenging, especially when seeking compensation for damages in California. To pursue fair compensation, you should understand the California laws that may affect your claim.
- Statute of Limitations (California Code of Civil Procedure Section 335.1): This law sets a time limit within which you must file a personal injury lawsuit. In California, the statute of limitations for most personal injury cases is two years from the date of the accident or injury. Failing to file within this timeframe may prevent you from seeking compensation through the court system.
- Comparative Fault (California Code of Civil Procedure Section 1431.2): California follows a pure comparative fault system. If you share responsibility for the accident, the court may reduce your compensation by your percentage of fault. You may still recover compensation even if the court finds you more than 50% responsible.
- Joint and Several Liability (California Civil Code Section 1431.2): When multiple parties share responsibility for an injury, California’s joint and several liability law may apply. The injured person may seek compensation from any or all responsible parties. If one party cannot pay their share, the others may be required to cover the remaining amount.
- Vicarious Liability (California Civil Code Section 2338): This law holds employers accountable for the actions of their employees performed within the scope of their job duties. If an employee’s actions result in an injury, the employer may be held liable for the damages caused.
Filing a Claim for Compensation
After a Fresno motorcycle accident, filing a compensation claim can be an important step. It may help you rebuild your life and cover accident-related losses. Knowing how to navigate the process of seeking compensation is vital to securing the financial support you need.
- Medical Care: First and foremost, seek medical attention immediately, even if your motorcycle accident injuries seem minor. A comprehensive medical evaluation will not only ensure your well-being but also create crucial documentation for your claim. Common injuries are broken bones, road rash, and neck and spinal cord injuries.
- Document Your Damages: Next, keep records of all expenses related to the accident, such as medical expenses, property damage, lost wages, and any other out-of-pocket costs.
- Do NOT Settle Too Early: Insurance companies may offer a quick settlement, but consult with a motorcycle accident lawyer first. Early settlements often fail to cover the full extent of your damages.
- Avoid Social Media Posts: Throughout the claims process, refrain from discussing the accident or your injuries on social media. Insurance adjusters may use your posts to downplay the value of your claim.
Potential Roadblocks to a Fair Settlement
Securing fair compensation for a motorcycle accident can be challenging due to various roadblocks:
Bias Against Motorcyclists
Insurance adjusters and others may be biased against motorcycle riders. They may view riders as reckless or more likely to cause accidents. Such prejudices can adversely impact a motorcycle crash victim’s claim for compensation.
To counter these assumptions, gather strong evidence that demonstrates responsible behavior and adherence to traffic laws. Evidence of the other driver’s negligence can challenge these biases. It can also help establish the true cause of the accident.
Lowball Offers
After a motorcycle accident, insurance companies may offer settlements that are far below what the victim truly deserves. These lowball offers aim to minimize the insurer’s financial liability and may not fully cover the victim’s medical expenses, property damage, and other losses.
Having a knowledgeable motorcycle accident lawyer by your side can be invaluable in such situations. An experienced accident attorney in Fresno, CA, will carefully assess the full extent of your damages and calculate fair compensation. They will also negotiate with the insurance company to pursue a settlement that addresses your current and future needs.
Disputed Liability
In some cases, the other party involved in the accident may dispute liability, denying responsibility for causing the collision. This situation can lead to prolonged negotiations or even the need for legal action to establish fault.
A skilled motorcycle accident attorney can play a critical role in gathering evidence to prove liability. They will conduct a thorough investigation, analyze accident reports, collect witness statements, and consult with accident reconstruction experts if necessary. Establishing liability is essential to recovering compensation for your injuries and losses. A skilled attorney can strengthen your case and improve your chances of a favorable outcome.
Why You Need a Motorcycle Accident Lawyer
Given these potential challenges, having an experienced motorcycle accident lawyer in Fresno can make a significant difference in your pursuit of fair compensation. A knowledgeable attorney will:
Protect Your Rights and Prevent Inadequate Settlements
Insurance companies are notorious for attempting to settle motorcycle accident claims quickly and for the lowest possible amount. You may accept a settlement that does not fully cover your losses if you are unfamiliar with personal injury law.
A skilled attorney can protect your rights and negotiate on your behalf. They can also help prevent you from accepting an inadequate offer that fails to cover current and future expenses.
Conduct a Thorough Investigation
An experienced motorcycle accident attorney knows what evidence is crucial for building a strong case. They will thoroughly investigate the circumstances surrounding your accident. This may include reviewing police reports and medical records, interviewing witnesses, and analyzing surveillance footage. This diligent approach ensures all relevant information is brought to light, supporting your claim for fair compensation.
Skillfully Negotiate with Insurance Companies
Navigating negotiations with insurance adjusters can be challenging, especially when they aim to minimize payouts. A proficient lawyer possesses negotiation expertise and will skillfully advocate for your best interests. They will present a compelling case supported by evidence and expert analysis. This approach may help secure a fair settlement for medical bills, lost wages, property damage, and pain and suffering.
Legally Represent You in Court, if Necessary
Most motorcycle accident cases end through negotiation. However, some require litigation. If the parties cannot reach a fair settlement, your attorney can take the case to court. A motorcycle accident lawyer with trial experience can provide a significant advantage. Your attorney will present evidence, argue your case, and protect your rights. This support may improve your chances of receiving fair compensation.
Consult with an Award-Winning Fresno Motorcycle Personal Injury Lawyer
Seeking financial compensation after a motorcycle accident in Fresno can be complex and challenging. Understanding the laws, documenting your damages, and avoiding common pitfalls is crucial. Nevertheless, having a dedicated Fresno motorcycle accident lawyer by your side is the best decision you can make.
With their expertise, you can focus on your recovery while they fight for the compensation you rightfully deserve. Remember that time is of the essence, so take immediate action after an accident and consult with a legal professional to protect your rights and interests.
Motorcyclist Attorney is committed to delivering justice and unwavering representation for our clients. Our motorcycle injury attorneys approach every case with passion and careful preparation. We use strategic negotiation to pursue the financial compensation our clients deserve.
We serve Spanish-, Filipino-, and English-speaking clients, providing assistance with their motorcycle accident claims. Contact us now at (844) 284-9437 for a free consultation on your case.
