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Lincoln Motorcycle Accident Lawyer
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Lincoln Motorcycle Accident Attorney
Motorcycles are popular throughout California, and while most riders are able to enjoy their bikes without issue, others are not so fortunate. Unfortunately, motorcycle accidents do occur in the Lincoln area, often with devastating effects for those involved. If you or a loved one is injured in the aftermath of a motorcycle accident that another motorist caused, you have the right to seek accountability for the damage they inflicted on you.
Experienced Legal Counsel for Lincoln Motorcycle Accident Claims
An experienced Lincoln motorcycle accident attorney is the ideal resource to have on your side in this challenging situation. The right attorney can handle the procedural end of your recovery efforts so you can focus on your medical needs, household obligations, and family. The Kreeger Law Firm has years of successful motorcycle accident claims behind us, and we take time to develop individualized strategies for each client we represent. As a result, we have the experience you need on your side if you intend to seek compensation for your motorcycle accident damage with a personal injury claim in Lincoln.
Proving Liability for a Lincoln Motorcycle Accident
The first step in any motorcycle accident victim’s recovery efforts is establishing liability for the accident. A few of the most commonly reported causes of motorcycle accidents in Lincoln include:
- Driving under the influence (DUI) of alcohol and other drugs. The at-fault driver will face criminal charges for DUI and liability for any civil damage caused to others. Penalties for conviction could increase significantly if they caused severe bodily harm or death due to impaired driving.
- Distracted driving. The most commonly cited cause of all motor vehicle crashes in the United States is inattentive and distracted driving. California has banned cell phone use behind the wheel unless drivers use completely hands-free connective devices to operate their phones. Any distraction behind the wheel can easily cause a devastating motorcycle accident.
- Speeding. When drivers exceed posted speed limits, they endanger themselves and others, dramatically reducing the time and space they have to slow down or stop if traffic conditions change suddenly.
- Moving violations, such as failure to navigate intersections correctly, performing illegal turns, or running stop signs and red lights.
Motorcyclists face not only many of the same risks as other motorists but also face other unique risk factors. First and foremost, a motorcycle offers its rider very little physical protection in a crash. Most modern passenger cars have crash-absorbing frames, airbags, and seat belts that can minimize injuries to occupants, but motorcycles have none of these safety features. As a result, the rider’s safety gear can only mitigate injuries so much, and they face a risk of traumatic injury from both the impact from the other vehicle and the impact from hitting the ground.
Filing an Auto Insurance Claim After a Motorcycle Accident in Lincoln
Every driver in the state must have auto insurance that meets the state’s minimum coverage requirements. This coverage applies whenever the policyholder causes an accident, paying for the other driver’s medical bills and vehicle repair costs. In addition, California’s fault rule also applies, so you must prove fault for a motorcycle accident before filing an insurance claim.
Unfortunately, many motorcycle accident victims in the Lincoln area face various challenges with their auto insurance claims:
- The state has one of the highest rates of uninsured drivers in the United States. Unfortunately, there is no guarantee that the driver responsible for your accident has insurance, let alone enough to fully compensate your losses.
- Insurance companies tend to look for all reasons they can find to reduce settlement offers or deny claims. Unfortunately, saying the wrong thing to an insurance company representative or making a mistake on your claim forms could jeopardize your settlement.
- Desperation, unfortunately, compels many injured accident victims to accept lowball settlement offers as their damage creates increasingly more difficult financial pressure on their families.
- Even a successful auto insurance claim may not fully cover the total damage from a serious accident, especially a motorcycle accident involving catastrophic injuries.
Recovering With a Personal Injury Claim in Lincoln
When an auto insurance claim against an at-fault driver is not enough to fully compensate your losses, an experienced Lincoln motorcycle accident attorney can help you file a civil claim for damage against the driver who injured you. Just like your auto insurance claim, you must prove the defendant caused the accident in question and therefore holds liability for the resulting damage. In addition, state law permits you to seek full repayment of all immediate and future economic losses the defendant caused, such as:
- Medical expenses. Many motorcycle accidents cause devastating injuries that entail long, painful recoveries. Therefore, you can seek compensation for immediate treatment costs and the ongoing and/or future expenses you are likely to incur for treating your injuries.
- Lost income. If you cannot work after your accident, the defendant is liable for the income you lose during this time. You also have the right to claim compensation for the future income you can no longer earn because of a disability the defendant inflicted on you.
- Property damage. The at-fault driver’s insurance may cover some of your vehicle repair costs after a motorcycle accident, but any outstanding property damage can be listed in your personal injury claim.
The Kreeger Law Firm can help you maximize the insurance settlement you obtain from the at-fault driver’s policy and then enhance your recovery to the full extent allowable under state law with a personal injury claim. For the best chance of maximizing the compensation you obtain, it’s important to connect with reliable legal counsel as soon as possible after your accident, especially before speaking with any insurance companies about potential settlements. In addition, it’s important to remember that the state upholds a pure comparative negligence law that can come into play if you bear any partial liability for causing the motorcycle accident.
Under this law, the plaintiff loses a portion of their final compensation equal to their percentage of fault for causing the accident. For example, bearing 10% partial fault in a $400,000 claim would result in a loss of $40,000. Your Lincoln motorcycle accident attorney will be an invaluable asset for countering such claims of comparative fault and preserving the final value of your case.
Motorcycle Accident Attorney FAQs
Q: How Do I Prove Fault for a Motorcycle Crash in Lincoln?
A: You must identify the party responsible for causing your accident before you can recover any compensation for your damage. The manner in which you accomplish this depends on the hour your accident happened and may require physical evidence from the scene of the accident, witness statements, and digital evidence like cell phone records, traffic camera recordings, and vehicle computer data.
Q: Do I Have to Report a Motorcycle Accident in California?
A: State law states that all drivers must report any vehicle accident resulting in injury, death, or substantial property damage. Additionally, the drivers involved must remain at the scene of the accident until first responders arrive. Any failure to meet these reporting requirements can potentially result in criminal penalties, including fines and jail time.
Q: What Is the Most Common Cause of Motorcycle Accidents?
A: Distracted driving is responsible for most motor vehicle crashes in the United States each year. Speeding is another commonly cited contributing factor to motorcycle accident rates across the country. Speeding can increase the chances of an accident happening, but high-speed accidents are also more likely to result in catastrophic or fatal injuries.
Q: What Is the Most Common Motorcycle Accident Injury?
A: Traumatic brain injuries are the most commonly reported injuries from motorcycle crashes in the Lincoln area. Even when riders wear the highest quality helmets, they can only mitigate head injuries, not prevent them completely. In addition, broken bones, “road rash” from sliding on rough road surfaces, and many other injuries are possible in any motorcycle accident.
Q: Do I Really Need a Lincoln Motorcycle Accident Attorney?
A: Technically, no, there is no strict legal requirement to hire legal counsel if you must pursue legal recourse after another driver has caused a motorcycle accident. However, you are far more likely to succeed with both an insurance claim and a personal injury action with an experienced attorney’s assistance. In addition, even after accounting for your legal fees, they can significantly improve the final results of your claim.
The Kreeger Law Firm understands the challenges any motorcycle accident victim is likely to face in their recovery efforts, and our team has the experience and resources you need on your side to navigate these proceedings with confidence. If you are ready to take legal action against the driver who caused your motorcycle accident, contact the Kreeger Law Firm today and schedule a free consultation with our team.
