Motorcycle Accident Lawsuits CA: Steps To Build a Strong Case
Motorcycle accidents have the potential to cause severe harm, including injuries or even fatalities, which can be catastrophic. If you are a victim of a motorcycle accident in California, you have the right to receive compensation for any damages or injuries you have suffered.
However, it is essential to have a comprehensive knowledge of the legal procedures involved in motorcycle accident lawsuits in California to construct a robust motorcycle injury claim. After all, sustaining severe injuries from such traffic accidents can result in substantial medical expenses and cause a significant impact on the victim’s quality of life.
Got into a motorcycle accident?
In this article, we will discuss the steps you need to take to build a strong case and receive fair compensation.
- Understanding Motorcycle Accident Laws in California
- Gathering Evidence After a Motorcycle Accident
- Seeking Counsel from A Personal Injury Attorney
- Negotiating a Settlement or Going to Trial
- Damages You May Be Entitled to in a Motorcycle Accident Lawsuit
- Time Limit For Filing Legal Action in Motorcycle Accidents in California
- Common Mistakes to Avoid in a Motorcycle Accident Lawsuit
- Factors That May Affect the Outcome of Your Case
- Preparing for Your Case: What to Expect
Understanding Motorcycle Accident Laws in California
California has specific laws governing motorcycle accidents, and understanding these laws is crucial to building a strong case. One of the most important laws is the helmet law, which requires all motorcycle riders and passengers to wear a helmet while riding. Failure to wear a helmet can have a significant impact on your case, as it can be used to argue that you contributed to your injuries.
California also follows the rule of comparative negligence, which means that if the motorcycle accident victim is found to be partially at fault for the accident, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 25% at fault, your compensation will be reduced by 25%.
Gathering Evidence After a Motorcycle Accident
Gathering evidence is essential to building a strong case, and the more evidence you can collect, the stronger your case will be. Some of the evidence you should collect after a motorcycle accident include:
- Police reports (traffic collision reports, TCRs)
- Medical records, including MRI reports, physical therapy records, and ER documentation
- Witness statements
- Photographs of the accident scene and your injuries
- Video footage of the accident, if available
You must document all expenses related to the accident, including medical bills, lost wages, and property damage.
Seeking Counsel From A Personal Injury Attorney
Hiring an experienced motorcycle accident lawyer is crucial to building a strong case. A knowledgeable attorney can help you navigate the legal process, negotiate with insurance companies, and represent you in court if necessary.
When choosing a lawyer, look for someone who has experience with motorcycle accident cases and a track record of success.
Negotiating a Settlement or Going to Trial
Once you have gathered evidence and hired a lawyer, the next step is to either negotiate a motorcycle accident settlement with the insurance company or go to trial. In many cases, insurance companies will try to settle the case out of court to avoid the expense of a trial. However, if a fair settlement cannot be reached, going to trial may be necessary.
Damages You May Be Entitled to in a Motorcycle Accident Lawsuit
If you are successful in your motorcycle accident lawsuit, you may be entitled to damage and injury settlement for a variety of losses, including:
- Economic Damages
- Past and Future medical expenses
- Lost wages
- Property damage
- Non-economic damages
- Emotional distress
- Physical pain and suffering
Time Limit For Filing Legal Action in Motorcycle Accidents in California
It is important to be aware of the statute of limitations for motorcycle accident lawsuits in California. The statute of limitations is the time limit for filing a lawsuit, and if you miss it, you may be barred from pursuing your case.
In California, the statute of limitations for personal injury cases, including motorcycle accidents, is two years from the date of the accident. However, there are exceptions to this rule, such as when the victim is a minor, so it is important to consult with an attorney to ensure you file your claim within the appropriate timeframe.
Factors That May Affect the Outcome of Your Case
Several factors can impact the outcome of your motorcycle accident lawsuit.
- Do you have minor or severe injuries?
- What is the extent of the property damage?
- Whether you were partially the at-fault driver for the motor vehicle accident
Preparing for Your Case: What to Expect
Preparing for a motorcycle accident lawsuit can be a lengthy process, and it is important to understand what to expect. Your attorney will work with you to gather evidence, negotiate with insurance companies, and represent you in court if necessary. Throughout the process, your personal injury lawyer will keep you informed and answer any questions you may have.
If you have been involved in a motorcycle crash in California, it is important to take steps to protect your rights and ensure you receive fair compensation for your motorcycle accident injuries and damages. By understanding the laws and legal processes involved in motorcycle collision lawsuits, gathering evidence, hiring an experienced attorney, and avoiding common mistakes, you can build a strong case and improve your chances of success.
Common Mistakes to Avoid in a Motorcycle Accident Lawsuit
There are several common mistakes that a plaintiff makes when pursuing a motorcycle accident lawsuit, and avoiding these mistakes can significantly improve your chances of success. Some of these include:
- Failing to seek medical care right away, might result in undiagnosed traumatic brain injuries
- Admitting fault or apologizing at the scene of the accident
- Providing recorded statements to insurance adjusters without consulting an attorney
- Accepting a settlement offer without fully understanding your rights and options
FAQs on Motorcycle Accident Lawsuits in California
If you have been involved in a motorcycle accident in California, it’s important to understand your legal rights and options. Here are some frequently asked questions about motorcycle accident lawsuits in California to help you better understand the process.
Can I still file a lawsuit if I was partially at fault for the accident?
Yes, you can still file a lawsuit if you were partially at fault. However, your compensation may be reduced by the percentage of fault assigned to you.
What if the at-fault party doesn’t have insurance?
If the liable party is uninsured, you may be able to file a personal injury claim with your own insurance company, or you may be able to sue the other driver directly.
What if the injured rider wasn’t wearing a helmet at the time of the accident?
Many states, including California, require motorcyclists and bicyclists to wear a helmet while riding. Injured riders who weren’t wearing a helmet may still be able to receive compensation for their injuries by proving the accident was not their fault. However, if the court may find that their injuries could have been prevented had they followed the law, it may result in smaller compensation or no compensation at all.
How much compensation am I entitled to?
The amount of compensation you are entitled to will depend on the specific circumstances of your case. Your attorney can help you understand your rights and the potential value of your case, based on your present and future losses. From this information, your lawyer can understand how you can build your bodily injury and property damage claim.
Benefits of Hiring The Right Attorney
When choosing a personal injury attorney for your motorcycle accident case, find someone who has experience handling motorcycle accident claims and who understands the unique challenges and complexities involved.
Look for an attorney who has a track record of success in personal injury cases and who will work tirelessly to ensure you receive the compensation you deserve.
Moreover, there are several benefits to hiring a personal injury attorney for motorcycle accident lawsuits, including:
- Knowledge of the law and legal process
- Access to expert witnesses and resources
- Ability to negotiate with auto insurance companies
- Representation in court if necessary
- Increased chances of success and fair compensation
Consult with A Experienced California Motorcycle Accident Attorney
If you have been in a motorcycle crash in California, you must take action to protect your rights and ensure you receive maximum compensation for your injuries and damages.
By understanding the legal process involved in a personal injury lawsuit, gathering evidence, choosing the right attorney, and taking steps to avoid common mistakes, you can build a strong case and increase your chances of success.
At Motorcyclist Attorney, we offer our clients exceptional legal services and guidance, ensuring they receive up to 10x compensation. We urge you to avoid settling for anything less than what is rightfully yours. Seek the assistance of an award-winning lawyer who understands your circumstances and will vigorously advocate for your rights.
Contact us immediately to explore the best legal advice for you, and we will do everything in our power to help you win your case.
Our services are accessible 24/7, and we speak English, Spanish, and Filipino. We operate on a contingency fee basis, which means that you will not be charged unless we win your case.