Motorcycle accidents are not uncommon; they usually happen due to negligence or carelessness. Motorcyclists are at a higher risk of injury and death while riding on the road because many motorists simply do not care about them. Furthermore, they are less likely to carry protective gear or wear seat belts, unlike most vehicles that have them. This makes them more exposed and vulnerable to accidents and injuries.
Injuries sustained after motorcycle accidents typically include amputations, broken bones, burns, disfigurement, nerve damage, spinal cord injuries, and TBI.
There’s a lot of uncertainty when it comes to the legal process. This uncertainty leads many victims to avoid the legal system as a whole. Talk to an attorney about filing a personal injury claim if you’ve been hurt in a motorcycle accident.
Factors that affect filing a lawsuit
Several factors can impact your ability to file a lawsuit, such as:
When the other party is responsible
A driver could be negligent or intentionally cause harm. If a motorist was incautious and caused an accident that led to injuries, the injured party is allowed to file a lawsuit against them. A bike part manufacturer might also be liable if a part on the bike malfunctioned and caused someone to crash.
When your vehicle is categorized as a motorcycle
Bike enthusiasts in California are protected by a rule which defines a motorcycle as a vehicle designed to travel on not more than three wheels in contact with the ground with an engine displacement of over 150 CC.
If you were injured in a motorcycle accident
Many different laws govern what a driver should do when they see a motorcycle on the road. These laws are designed to protect motorcyclists and other drivers on the road from accidents that could result in injury or death. Drivers may be liable for injuries and damages if they violate any of the rules of the road.
If you get injured due to another driver’s negligence, you may be able to file a lawsuit against them for your injuries and damages.
Fair settlement process
The attorney must review and evaluate your case to make a settlement demand.
Such cases typically don’t need to go to court as they are often resolved at the insurance claim stage. Nonetheless, making a claim with the insurer doesn’t mean automatic approval. The insurer will investigate your claim first. Your lawyer will provide legal advice on your rights and how to present your case. This way, they can find a fair settlement for you and the other party involved.
If you end up going to court, the case will be resolved by a judge.
Steps to Filing a lawsuit
Understanding the process of filing a lawsuit if you were injured in a motorcycle accident is essential.
Step 1: Seek medical attention
The first step in filing a lawsuit is to seek medical attention for your injuries. Experts in this field are necessary for your motorcycle accident claim. They can provide evaluations about the severity and type of injury sustained in the accident.
Step 2: Gather all essential details
Next, gather all the information to help your attorney prove damages on your behalf. This includes photos of the scene, the other driver or motorcyclist’s name, contact information, insurance information, license number, and VIN for any vehicle involved in the accident.
If there were bystanders nearby, get their names and contact information too.
Step 3: Speak to a California motorcycle accident lawyer
Succeeding in your claim is impossible without a lawyer who excels in assessing and understanding the crucial factors of your case. Motorcycle accident attorneys know all the laws governing bikes and maintain a unique competency for resolving such cases.
Evidence could be lost, resulting in a weaker claim for compensation. So your lawyer must be able to collect all the evidence they can to support your case before it becomes too late.
Protect your rights by consulting our law firm today for free and see how we can help you get the fair compensation you deserve. Contact us today at 800-454-5299.