There’s nothing cooler than riding your motorcycle down the 405 on a sunny day. You can satisfy your need for speed and enjoy the day. But what happens if your relaxing day turns into a nightmare? For hundreds of motorcycle drivers every day, this is a reality. Riding a motorcycle can be dangerous. This is especially true when you’re navigating busy highways. With so many cars and trucks on the road, it’s hard to tell when an accident may happen. Cars don’t pay enough attention to motorcycles on the road. If you’ve been injured in a Los Angeles motorcycle accident, we recommend you contact an experienced attorney.
Cars complain that motorcycles drive too fast and weave in and out of traffic. Motorcyclists complain that cars don’t respect them on the road. Both have good points. The problem is everyone has to obey the rules of the road, regardless of what they’re driving.
There are two things you must do after a motorcycle accident. You have to call the police. No matter how much the other driver begs you not to, you don’t have a choice. The law in California does require that you report any accident anyway. You also want to make sure the police are there to provide a police report. The other thing you need to do is seek medical treatment right after your accident. Lastly, you will want to contact a Los Angeles injury law firm to discuss your potential claim.
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How Do Accident Attorneys Handle These Cases?
Most motorcycle accidents are caused by negligence. In order to prove negligence, your Los Angeles motorcycle attorney will have to prove the following:
- The other driver owed you a certain duty of care
- They breached this duty
- This breach caused the accident
- You were injured as a result
Proving negligence can be more difficult than you may imagine. This is especially true with motorcycle accidents. People tend to think of motorcycle riders as reckless. They are seen as rogues who don’t pay attention to the rules of the road. Whether or not this is fair isn’t important. It is what it is. Your Los Angeles motorcycle accident attorney will have to overcome this bias. Regardless of what people think about motorcycle riders, other drivers still owe you a duty of care.
Proving that the other driver breached this duty of care can be difficult. There is very rarely videotape proof of how the accident happened. The car may have a dashcam. If this is the case, your motorcycle accident attorney will have to subpoena the defendant to get a copy of the dashcam video.
Your Los Angeles personal injury lawyer will rely on all sorts of proof to show that the other driver was at fault. Some of the things your lawyer may do includes:
- Get testimony from eyewitnesses who saw the accident
- Get a sworn affidavit from you about how the accident happened
- Subpoena all recordings from possible cameras including the other driver’s dashcam
- Review the other driver’s accident and driving records
- Have experts recreate the accident using pictures and the accident report
The more information you provide to your attorney, the easier it’ll be for him to prove causation. The most important piece of evidence is the police report. The police report includes a lot of information that your attorney can’t get any other way. Some of this information includes:
- Name and insurance information for all drivers involved in the accident
- Pictures and a description of the accident scene
- A note about road conditions
- Statements made by the drivers
- Name, contact info and statements made by witnesses
- Driver’s license information (including if a driver does not have a valid license)
- Information about any tickets or arrests made at the scene
The defendant is going to have attorneys trying to prove that you were at fault. You want to make sure your Los Angeles motorcycle attorney has all the information possible.
What Kinds of Damages are Sought after a Motorcycle Accident
Ideally, the defendant’s insurance company will pay your claim. In most cases, you’ll have your insurance check within a week or two. However, if they deny your claim, your attorney will have no choice but to file a lawsuit on your behalf.
Some of the reasons the insurance company may deny your claim include:
- The driver let the policy lapse or cancel for non-payment
- The other driver may not be the policyholder
- The insurance company doesn’t believe you are injured
- The insurance company alleges you are at fault
- You have a history of filing false claims
- You may have a pre-existing medical condition
We will work with the insurance adjuster to negotiate a settlement. If this isn’t possible, we’ll file a lawsuit against the other driver. In your suit, he’ll demand the following:
All motorcycle accidents lead to injuries. Most of these tend to be more serious. If you miss time from work, you are entitled to be compensated for it. It’s important to give your car accident attorney pay stubs and timesheets to prove you missed time. If you have to use personal time or vacation time to cover some of this, let your motorcycle accident attorney know.
It’s important that you keep receipts of all your medical bills. This will include things such as:
- Emergency room visit
- Ambulance transport
- Medications and prescriptions
- Co-pays for doctor’s visits
- Tests such as x-rays, MRIs, and CT scans
- Medical equipment (such as a wheelchair, hospital bed, crutches, etc.)
If your motorcycle is damaged or destroyed in the accident, your motorcycle accident lawyer will demand that you be compensated for it. Even if you just need repairs done on your bike, you shouldn’t have to pay for this. If you had to pay for a rental car, keep receipts. If you have to pay a deductible to get your bike fixed, keep receipts for that too. Your Los Angeles personal injury lawyer is going to put a claim in for all of your property damage.
Lost Future Earnings:
A lot of people who are in a motorcycle accident suffer permanent injuries. You may never be able to work again. If this is the case, you are entitled to future lost wages. The way this is calculated is simple:
- Look at how much you earned before the accident
- Find out the difference between this amount and the amount paid by disability
- Determine how many more years you would have worked
- Multiply the years you would have worked by the difference in income
- Account for inflation
Pain and Suffering:
We mentioned pain and suffering above. It is a type of non-economic damages. You can’t point to a figure and say, “This equals my pain and suffering.” In order to determine pain and suffering, you have to look at several factors, including:
- How much pain are you in?
- Are there activities you can no longer enjoy because of your injuries
- Are you able to enjoy relations with your spouse?
- Did you play sports before the accident that you can’t play now?
- Are you unable to interact with your family the way you used to?
California is a state that lets you demand pain and suffering. However, pain and suffering is capped at $250,000. Pain and suffering are exactly what is sounds like – compensation for the pain and suffering you experienced due to an accident. Your motorcycle accident lawyer is going to demand that you be compensated for your troubles.
Your motorcycle accident attorney knows how to calculate these damages. He’s handled dozens of cases like your before. He knows how to submit the evidence to prove your damages. He also has a lot of experience negotiating settlements. More than likely, your case will settle out of court. Nobody wants to endure the costs or time of a long trial.
A Los Angeles Motorcycle Accident Attorney will Seek Compensation for All Your Injuries
If you’ve been injured in a motorcycle accident in Los Angeles, you’re going to suffer severe injuries. Your Los Angeles motorcycle accident lawyer will review your medical records.. He’ll make sure you’re compensated for all of your injuries.
Some of the most common injuries caused by motorcycle accidents include:
Traumatic Brain Injuries
This type of injury occurs when you suffer a severe blow to the head. A traumatic brain injury (TBI) can be life-threatening. It can also change your life forever. You may end up paralyzed or unable to work ever again. Some of the symptoms of a TBI include:
- Memory loss
- Vision loss
- Hearing damage
- Permanent disability
TBI often require surgery. You will be in the hospital for quite some time. You’ll have to go to physical therapy and occupational therapy for a while. A traumatic brain injury attorney can help you recover compensation for these costs.
Back injuries are common with motorcycle accidents.. You can imagine how your back can get hurt if you are thrown from your bike. You may land on the side of the road. You may get run over by another vehicle. This can lead to significant back injuries. Back injuries often require surgery and long-term physical therapy.
You have to remember – there is nothing standing between you and the road. If you’re hit by a car, you will probably get thrown from your motorcycle. You may end up getting dragged several feet. This can cause all sorts of injuries to your back. Make sure you seek medical treatment so your attorney can prove your injuries..
Whiplash is very common with accidents in general. With a motorcycle accident, you can suffer even more serious neck injuries. You may break your neck. This can lead to partial or total paralysis. It all depends on where the break occurs. You could suffer muscle or tendon tears. You’ll need to get the necessary tests at the hospital to make sure you’re okay.
Burn injuries are more common with a motorcycle accident than other types of accidents. If your body is thrown from the bike, you may end up with road burn all over your body. Or, your bike may catch on fire upon impact. If this is the case, you could end up with second or third-degree burns. These burns will probably affect all exposed parts of your body. Even if you’re wearing protective clothing, there will be parts of your body uncovered.
Motorcycle accidents are very dangerous. You could suffer some or all of the above injuries. There is nothing to protect you from the road when you’re riding a motorcycle. The only thing that stands between you and the other car is a plastic helmet. If you’ve been injured in a motorcycle accident, you need to call a Los Angeles, CA, motorcycle accident lawyer.
Contact an Experienced Los Angeles Motorcycle Attorney Today
Hopefully, you’ll never have to deal with something as painful as a motorcycle accident. But if you do get injured in a motorcycle crash, you should contact an experienced Los Angeles motorcycle lawyer.
Your lawyer can review your case and give you an idea of what it may be worth. He can also let you know your case will proceed. Call and schedule a free initial consultation today. You’ll get the chance to ask your attorney any questions you may have.
Make sure to bring the following with you to your initial consultation:
- Any accident or police reports
- Pictures of the accident
- Your medical records for your injuries
- Any bills you’ve received in relation to your accident
- Contact information for any witnesses
- Any correspondence you’ve received from the defendant, his lawyer or his insurance company
Your lawyer will review all of this information. He’ll also ask you some questions to determine exactly what happened. Be upfront with your lawyer. You don’t want him to be blindsided later on. If you were partly at fault, let him know. He’d rather hear it from you as opposed to the defendant’s lawyer.
Call and set up your consultation today. It’s absolutely free and you pay nothing unless you settle your case.