What Does a Lawyer for a Motorcycle Accident Do?
Personal injury law spans a wide range of accident scenarios. While there are key similarities in all personal injury cases, it is vital to work with specific legal professionals who specialize in your accident type. For instance, if you suffered serious injuries from a motorcycle accident, it is vital to work with a motorcycle accident lawyer, not just any other personal injury attorney. Learn why here.
What Is a Motorcycle Accident Lawyer?
This type of legal professional is a personal injury lawyer who specializes in motorcycle accidents, and should be capable of getting clients compensated for the following types of damages:
- Property damage
- Current medical bills
- Future medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional trauma
- Diminished quality of life
- Permanent disability
As a branch of personal injury, experienced motorcycle accident attorneys should be well-versed in tort law, which is a set of rules pertaining to the legal mending of harm caused by another party’s wrongful and reckless actions.
The Necessity of Motorcycle Accident Lawyers
The role of motorcycle accident lawyers is to apply their knowledge and expertise in California’s personal injury laws to get their clients maximum financial compensation. Here is why legal representation is so essential.
Explain Legal Rights and Alternative Options
While some may be familiar with handling general claims for car accidents, navigating the intricacies of motorcycle accident cases can be particularly challenging, especially when it comes to deciding which legal options to take.
In California, motorcycle victims have the right to seek compensation for damages incurred due to another person’s negligence. This means claimants can pursue legal action against the at-fault party by filing a motorcycle accident claim with their insurance company.
Depending on the circumstances, like available evidence and proof of negligence, motorcycle accident cases can be settled out of court or go to trial. Working with a motorcycle accident lawyer can advise if settling or filing a motorcycle accident lawsuit is the most beneficial.
Additionally, a skilled motorcycle accident lawyer will aggressively negotiate with the other party and confirm the fairness of a settlement offer from the insurance company.
Prove “Negligence” On the Other Party
The most common causes of motorcycle accidents are tied to driver negligence. Even when it seems apparent that a negligent driver is liable for a motorcycle crash, fault (in the legal sense) must be proven.
With a comprehensive understanding of how fault is proven, an experienced motorycle accident lawyer will construct a compelling case that clearly establishes negligence by showcasing the following:
- Causation: Proving that the other driver’s negligence or recklessness caused the accident
- Liability: Demonstrating that the at-fault party is legally responsible for the injuries and damages that were sustained
- Damages: Quantifying the full extent of losses, including medical expenses, lost wages, pain and suffering, emotional distress, and more
The knowledge and expertise that the top motorcycle accident lawyers provide are invaluable. In order to recover the fair and full amount of financial compensation, it is vital to equip a case with the top legal professionals in Huntington Beach.
Maximize Compensation in the Motorcycle Accident Case
Indicating why compensation is owed for “economic damages,” such as medical bills and property damage can be proved with receipts for repairs and invoices for medical treatment.
However, there are other areas of loss that may not be as easily as provable. Known as “non-economic damages,” these types of losses account for intangibles, such as pain and suffering.
A motorcycle accident attorney can aggressively negotiate for these types of damages, working to get clients fully compensated.
Recover Compensation Even if You Share Fault
A personal injury attorney can provide invaluable assistance to a motorcycle accident victim who is partially responsible for causing an accident.
California’s laws follow a pure comparative fault system, which holds all parties involved accountable for their actions. However, even if partly at fault, compensation at a reduced rate is still available to the claimant. This will be based on the percentage of fault the victim bore in causing the accident.
Because the other party’s insurance company will be persistent in evading liability, it is vital to work with a Huntington Beach motorcycle accident law firm. The firm’s attorney will help motorcyclists understand how much compensation they are eligible for, as well as prevent them from receiving the full brunt of the blame.
For instance, if a motorcycle rider failed to wear a helmet when the accident occurred, an attorney will argue that the injuries would have not been sustained in the first place, had the reckless driver not caused the accident.
Simplify the Legal Process for Motorcycle Accidents
The aftermath of a motorcycle accident can be overwhelming, both physically and emotionally. In addition to dealing with injuries and recovery, injured motorcyclists are faced with the complex legal process and interactions with insurance companies.
Between lost wages and being burdened with costly medical bills while trying to overcome serious injuries, victims are faced with a number of obstacles.
An experienced motorcycle accident lawyer acts as a trusted guide, helping clients navigate the complexities of motorcycle accident claims. They will provide expert advice, protect the rights of their clients, and ensure they receive fair compensation for their injuries.
Protection from Deceitful Insurance Companies
Under pressure, victims may be persuaded into signing documents or sharing too many details about the accident with the insurance companies, all of which ultimately jeopardizes the claim.
Insurance adjusters are known to offer a settlement amount that is far lower than what is rightfully deserved. However, working with a motorcycle accident lawyer offers more insight into case values, allowing clients to make informed decisions and preventing them from accepting unfair offers.
Insurance companies also employ strategies to minimize how much they must pay back in damages, but an experienced motorcycle accident attorney will know how to negotiate with insurance companies because they understand the true value of the personal injury case.
Motorcycle accident cases involve intricate legal concepts and procedures. A motorcycle accident lawyer will decipher the complexities and explain them in clear, understandable terms so that their clients are not misled into accepting unfair settlements.
Build Strong Motorcycle Accident Cases for Clients
A major component of a case’s success is based on proving that the motorcycle accident was a result of the other party’s recklessness and caused the ensuing damages.
A motorcycle accident attorney will construct a winning case by taking photos of the accident scene, collecting police reports, retaining medical records, and gathering eyewitness accounts.
- Photos and videos: Visuals of the accident scene provide a representation of the factors that contributed to the collision.
- Accident reports: Police reports and other official documents document the details and facts of the accident, including weather conditions, road conditions, and statements from involved parties.
- Medical records: Medical documents provide a comprehensive overview of the victim’s injuries, treatment, and medical expenses associated with that treatment.
- Eyewitness accounts: Statements from a third party who observed the motorcycle accident can corroborate the facts of the event without any bias.
When Is a Motorcycle Accident Attorney Mandatory?
Anyone can file a personal injury claim regarding a motor vehicle accident on their own without the help of an attorney. However, there will be some instances when legal guidance is a near-necessity, such as:
- When liability is being disputed
- When the insurance company refused to offer full and fair compensation
- When the insurance company denied a claim
- When more than one person is involved in the accident
- When a wrongful death occurs
In addition to keeping clients’ rights protected, the best motorcycle accident lawyers will handle negotiations with insurance companies, prepare legal documents, and represent clients in court if necessary.
Although not mandatory, seeking the guidance of a motorcycle accident attorney is crucial to maximizing compensation and ensuring justice is served.
Is There a Time Limit to Contact an Attorney?
While there is no time limit to consult with a Huntington Beach motorcycle accident attorney, it is advisable to speak with one as soon as possible for the following reasons.
- California’s statute of limitations only provides a two-year timeframe for one party to file a personal injury claim against another party. Sometimes, the statute of limitations for motorcycle accidents is reduced to just six months. If the filing period is missed, victims will unfortunately not be given another opportunity to recover compensation.
- Another factor to consider is the availability of evidence. Evidence for motorcycle accidents is perishable, and witness memories fade over time. Speaking to a motorcycle accident lawyer immediately ensures that critical evidence (accident scene photos, police reports, witness statements, etc.) is collected and preserved, as the legal team will be proactive in gathering this information.
- Insurance companies are known to employ tactics to minimize payouts like immediately contacting the victim before that person has had a chance to consult with a motorcycle accident lawyer. In doing so, insurance companies are more likely to get the victim to settle for a low settlement or obtain a statement that could make the victim appear to accept fault for the motorcycle accident.
The sooner a personal injury law firm is contacted, the stronger a case will be. A seasoned motorcycle accident lawyer will serve as an advocate throughout the legal process, ensuring their clients are represented fairly.
For More Questions, Consult with a Huntington Beach Lawyer for Free
Coast Car Accident Lawyers is here to guide you through this challenging time and ensure you receive the justice and financial restitution you deserve.
Our team of skilled motorcycle accident lawyers possesses extensive experience in handling complex personal injury cases, including those involving motorcycle collisions. We understand the unique challenges faced by motorcycle accident victims. It is our goal to defend their rights and get them the maximum compensation they are legally owed.
Our law firm offers a no-obligation, free consultation to assess your case and discuss your options. Contact us today and let us help you navigate the legal process and secure the compensation you deserve.
