Motorcycles have been utilized for years due to their cost efficiency, ease of access, and the thrill of speed. However, due to their size and exposed nature, motorcyclists are more susceptible to sustaining severe injuries if they get into an accident.
Although some accidents may be avoidable through careful driving and constant motorcycle upkeep, some accidents occur that are beyond our control. These may be caused by the negligent actions of another party.
Motorcyclists who sustain injuries and damages due to others’ negligence and recklessness may be eligible to file a motorcycle accident lawsuit in Visalia.
In this article, we will discuss:
- Causes of motorcycle accidents in Visalia
- Why should you file a motorcycle accident lawsuit?
- How to file a motorcycle accident lawsuit in Visalia
- Recoverable damages in a motorcycle accident lawsuit
- How can a motorcycle accident attorney help
Causes of Motorcycle Accidents in Visalia
Motorcyclists are not only vulnerable to sustaining more catastrophic physical injuries in an accident, but the reasons for the accident may be unique to motorcycles. Some of the most common causes of motorcycle accidents in Visalia include:
Lane Splitting
In America, California is the only state where lane splitting is legal. Motorcycle riders often lane split to quickly maneuver through slow traffic. Lane splitting allows motorcyclists to weave between traffic, making it difficult for drivers to spot them. Riding at high speeds while lane splitting can increase the risk of motorcycle accidents.
Poor Weather Conditions
Poor visibility and slippery surfaces due to bad weather conditions may increase the risk of a motorcycle accident. These conditions may cause motorcyclists to easily lose control of their vehicle and be caught unaware by other vehicles in their surroundings.
Road Hazards
While some road hazards may not negatively impact passenger vehicles, they may cause fatal motorcycle accidents. Dangerous road hazards may include uneven payment, lack of guardrails, road construction debris, and non-functioning traffic signals. If you sustained injuries and damages due to road hazards, you may be eligible to file a personal injury claim against a government agency.
Car Doors
If a car door opens abruptly in front of a motorcyclist, a rider may not have time to avoid a collision. California’s Vehicle Code 25517 states that “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
Sudden Stops
Sudden stops in traffic on fast-moving highways are not uncommon. These cause collisions for motorcyclists and other motorists. However, sudden stops may be more dangerous and fatal for motorcyclists due to their lack of seatbelts. Sudden stops may cause motorcyclists to be thrown from their bikes, either into another vehicle or into traffic.
Why Should You File a Motorcycle Accident Lawsuit?
Motorcycle accidents can cause debilitating injuries and extensive damage for accident victims. These injuries may be minor for some, but they may also be long-term and life-altering for others. Not only do these change the quality of life for victims, but they may also cause financial hardship. Accident injuries may cause victims to miss days of work and result in mounting medical bills.
Fortunately, motorcycle accident victims in Visalia can take legal action. If their accident was caused by a negligent party, they may be eligible to file a personal injury claim or motorcycle accident lawsuit. This accident claim will enable them to recover financial compensation for their injuries and damages from the at-fault party.
Furthermore, filing a claim will not only entitle the injured party to compensation, but it will also help them get the justice they deserve.
How to File a Motorcycle Accident Lawsuit in Visalia
Once you’ve decided to file a claim, there are certain steps you can take to file a motorcycle accident lawsuit in Visalia:
1. Call 911 – You must contact local authorities as soon as possible. Ensure that a police officer is at the accident scene and files a traffic collision report (TCR). Get the file number of your police report as this may be used by your motorcycle accident lawyer to help strengthen the validity of your claim.
2. Seek medical attention – Even if you feel your injuries are minor, it is crucial that you receive medical attention. Some internal injuries may not present immediate or visible symptoms. If left untreated, these injuries may cause long-term health complications.
3. Gather evidence – Collect any evidence related to the accident, such as photographs and videos of the accident scene. Get photographs from different angles and include any details that may be important to your case. If there were any witnesses, collect their statements and exchange content information. Exchange information with the other motorist as well, and make sure to collect their name, number, ID, and, if possible, their insurance carrier information. These information will help build a strong case.
4. Notify the other party – Notify the other party involved in the accident about your intention to file a lawsuit. This may prompt them to contact their insurance company, which could offer an accident settlement.
5. File a lawsuit – If negotiations with the insurance company fail, file a lawsuit with the help of your personal injury attorney. The lawsuit should state your legal claims and the amount of compensation you are seeking.
6. Discovery process – The discovery process involves gathering evidence and information from both parties to strengthen your case.
7. Mediation or settlement – Before going to trial, you may choose to settle the case through mediation. This can be done with the help of a neutral mediator.
8. Trial – If mediation fails, the case will go to trial. A judge or jury will hear the evidence presented by both parties and decide on the outcome of the case.
9. Hire an experienced motorcycle accident lawyer – One of the most crucial steps in filing a Visalia motorcycle accident lawsuit is to hire an experienced attorney to help you through the entire complex legal process. An experienced attorney will know how to fight to ensure you receive fair compensation from the liable party.
Motorcyclist Attorney has years of experience handling motorcycle accident claims. Contact us today to find out how we can help!
Recoverable Damages in a Motorcycle Accident Lawsuit
As the injured party, you may be entitled to compensatory damages. Filing a Visalia motorcycle accident lawsuit can help you recover the compensation needed for you to make a financial recovery. These include both economic and non-economic damages, such as:
- Medical expenses
- Physical therapy
- Hospital bills
- Property damage
- Lost wages
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Loss of consortium
- Punitive damages
If the accident results in the death of your loved one, you may be eligible to file a wrongful death claim on their behalf. Although no amount of compensation can make up for the loss of a loved one, this compensation may aid the family expenses that arise from the death of their loved one, such as burial expenses, funeral costs, and other out-of-pocket expenses.
How Can a Motorcycle Accident Attorney Help?
Private individuals may choose to file a motorcycle accident claim on their own. However, this may not be the best course of action in the long run.
Motorcycle accident lawsuits can be complex, and insurance companies may take advantage of your vulnerability during this time. Insurance adjusters may trick you into lowering the value of your claim in order to avoid offering you a reasonable settlement amount.
Here are some of the ways an experienced personal injury lawyer can help you:
- Legal expertise – An experienced lawyer has in-depth knowledge of the laws and regulations governing personal injury claims in California. They can help you understand your rights and legal options, as well as the potential outcomes of your case. An attorney with experience will also ensure that your claim is filed within the statute of limitations for motorcycle accident claims in Visalia.
- Investigation – A personal injury lawyer can conduct a thorough investigation of the accident to gather evidence and establish liability. They can also hire accident reconstruction experts and other professionals to strengthen your case.
- Negotiation – An attorney can negotiate with insurance companies on your behalf to try to reach a settlement. They can use their knowledge of the law and experience to push for a fair settlement that covers all of your damages.
- Representation in court – If negotiations fail, a personal injury lawyer can represent you in court. They can present a strong case on your behalf, cross-examine witnesses, and argue your case to the judge or jury.
- Peace of mind – An attorney can handle all the legal aspects of your case, allowing you to focus on your recovery and healing. They can also provide you with peace of mind knowing that your case is in capable hands.
Injured in a Motorcycle Accident? Hire an Award-Winning Personal Injury Lawyer Today!
If you or a loved one have been a victim in a motorcycle accident, you may be entitled to compensation.
Do not delay! You must hold the at-fault party responsible for their actions.
Motorcyclist Attorney is dedicated to helping motorcycle accident victims get the medical care and maximum compensation they need and deserve. Our dedicated legal team, doctors, and case handlers are here to help.
Contact us today at (559) 205-7177 for a free, no-obligation case consultation. We are available 24/7!
