Motorcycles may be fun to ride, but they are some of the most dangerous vehicles on the road due to the simple fact that they offer no physical protection in the event of a crash. Your motorcycle does not have a seatbelt, crush-resistant frame, airbag, or any of the other safety features found in passenger vehicles. It is vital for every motorcyclist to use the utmost care while riding to avoid serious accidents. Unfortunately, it is not always possible to predict the actions of other drivers and avoid a crash.
If you have recently received injuries in a motorcycle accident, a Roseville motorcycle accident lawyer may offer your best chance of securing compensation for your losses. Recovery after any motorcycle accident can be incredibly difficult. Hiring the right attorney to represent your interests is the best thing you can do to protect yourself in this situation. The attorneys at the Kreeger Law Firm represent clients throughout the Roseville, CA area who have suffered injuries in motorcycle accidents and vehicle accidents of all kinds.
Should I Get a Lawyer for a Motorcycle Accident?
It is possible to file a motorcycle accident claim on your own, but you put yourself at significant risk if you do not have legal counsel for this process. The average person with no formal legal education or experience with civil court procedures will be unlikely to succeed without legal representation. Additionally, even if you do manage to complete a motorcycle accident claim on your own, you are unlikely to secure as much compensation as an experienced attorney could have won on your behalf. Navigating the legal process of securing compensation for a motorcycle accident is especially difficult when you are recovering from severe injuries.
Even when you account for the cost of legal fees for representing your case, hiring a Roseville motorcycle accident attorney offers the best chance of succeeding with your claim. Your attorney can build your case and handle your legal affairs while you focus on recovery.
Another reason to hire a Roseville motorcycle accident lawyer to represent you is the fact that you will likely need to file an insurance claim against the at-fault driver’s auto insurance policy. Dealing with insurance companies is rarely straightforward or easy. Many claimants face undue pushback against their legitimate claims because insurance companies do not like to lose money. By hiring an attorney to represent you, it is possible to increase the chance of success with your insurance claim and secure the highest claim payout possible. Additionally, your attorney can help you address any bad faith issues from the insurer and help you explore further legal options for recovery beyond what insurance can provide.
Damages You Could Secure in a Motorcycle Accident Claim
Motorcycle accidents tend to be very destructive. If another driver caused an accident with you while you were riding your motorcycle, you stand a much higher chance of suffering severe injuries than you would if you were driving a typical passenger car. Your motorcycle accident claim can potentially allow you to recover compensation for:
- Medical expenses, both short-term and long-term. You may require medical care immediately following your accident, as well as long-term medical expenses for physical therapy or necessary ongoing treatment. Motorcycle accidents can cause catastrophic injuries like bone fractures, spinal injury, brain injury, and more. Some of these injuries will require long-term treatment and rehabilitation, and some may leave victims permanently disabled.
- Property damage, such as the cost of replacing a bike destroyed in a crash. You can also claim the value of other personal property damaged or destroyed in the incident.
- Lost income, both during your initial recovery as well as lost future income if you are unable to return to work. Your attorney can consult with financial experts to determine how much lost future earning potential you can claim in your case.
- Pain and suffering in an amount determined by the severity of your injuries and their probable long-term effects. You may secure “per diem” pain and suffering for minor injuries that awards a set amount per day until you reach maximum recovery. More severe injuries may yield a lump sum several times larger than your claimed medical expenses.
- Punitive damages. If your motorcycle accident occurred because another driver was under the influence of alcohol, engaged in other criminal behavior, or hit you intentionally, punitive damages may become relevant. If the other driver faces criminal charges, the judge overseeing their case could demand they pay you restitution as part of their sentencing. However, keep in mind that punitive damages are not a reward for your injuries. Instead, California courts consider them a deterrent to prevent the at-fault driver from continuing to engage in reckless behavior that endangers other drivers.
Once you calculate the damages in your claim, it is easy to see why you should hire an experienced Roseville motorcycle accident attorney to represent you. A reliable attorney can help to ensure you maximize your recovery by exploring every available channel of compensation in your claim.
Proving Fault for Your Motorcycle Accident Case
Personal injury lawsuits hinge on the legal concept of negligence, a term that describes a party’s failure to exercise reasonable care in a given situation. Your attorney must establish that the defendant in your case failed to uphold their duty of care and directly caused your claimed damages. They must also prove your damages resulted from the other driver’s breach of duty and not some other cause.
California upholds a pure comparative negligence statute meaning that it is possible for a plaintiff to lose a portion of their recovery if they are found partially at fault for causing the accident in question. There is no threshold that will bar plaintiff recovery as with the 50% fault threshold upheld in states that follow modified comparative negligence laws. In California, a plaintiff can still secure compensation even if they are 99% at fault.
Pure comparative negligence will reduce the plaintiff’s overall case award by a percentage equal to their fault percentage. For example, if a plaintiff claims $100,000 in damages and the court finds them 30% at fault, they will lose 30% of the case award and receive only $70,000.
How Long Does a Motorcycle Accident Personal Injury Lawsuit Take?
When fault is clear for a motorcycle accident, it may only take a few months for the case to reach a resolution. However, if the defendant in a motorcycle accident lawsuit contests their liability and refuses to settle, the case can take much longer as it moves to litigation. Most vehicle accident and other personal injury claims settle outside of court because this method of resolution serves the best interests of both parties. However, if this is not an option in your case, your motorcycle accident lawsuit could potentially take several months or more than a year before you see any results.
Once you secure legal counsel from a Roseville motorcycle accident lawyer, your legal team will help you better understand what to expect from your case and how long you will wait before you see results. You may reach a resolution and obtain compensation within a few weeks, but the overall length depends on the unique details of your case. Plaintiffs must ensure they know the full scope of their claimable damages before initiating legal proceedings.
What to Expect from Your Roseville Motorcycle Accident Lawyer
A personal injury attorney’s goal in every case is to maximize the client’s recovery and help them reach the speediest possible resolution to their case. Your attorney can help you gather material evidence to establish liability for your recent accident, such as traffic camera footage, cell phone records, and vehicle computer data. If necessary, your attorney may also coordinate expert witness testimony to help prove the defendant’s liability and/or establish the full scope of your damages in court.
Your attorney will handle all procedural requirements of your case on your behalf to ensure no administrative issues interfere with your ability to secure recovery for your losses. Most personal injury cases settle outside of court, and your attorney will help you determine the best approach to settlement negotiations to ensure you achieve an acceptable result. If settlement does not work in your case, your attorney will help you prepare for the litigation process so you can approach the situation with confidence and peace of mind.
Representing Motorcycle Accident Victims in Roseville
Motorcycle accidents can cause broken bones, facial injuries, and catastrophic injuries that leave the victim with medical complications for the rest of their life. When you or a loved one have experienced a motorcycle accident due to the negligence of another driver, a Roseville motorcycle accident attorney can offer the best chance of securing compensation for your losses.
The Kreeger Law Firm offers a full range of legal services to injured riders in the Roseville area. We will closely examine the details of your case and explore the full scope of your claimable damages to help you maximize your recovery after a motorcycle accident. Contact the Kreeger Law Firm today to schedule a consultation with a Roseville motorcycle accident lawyer for more information about how our firm can assist in your recovery.