Motorcycle accidents can be devastating, often resulting in severe injuries for the rider. If you’ve been involved in a motorcycle accident in San Diego, understanding the claims process can be overwhelming while you’re recovering. This guide provides a foundational understanding of San Diego motorcycle accident claims. But remember, it’s not a substitute for legal advice.
If you need the help of a motorcycle accident attorney in California, Broadway Law Firm is a good option for you. We combine experience, knowledge of the law, and fierce defense with empathic, human treatment for our defendants. Make a free consultation by calling (888) 824-1025.
Basic Steps of San Diego Motorcycle Accident Claims
Even though each case is different and has unique details, there are some basic steps you can take to build a strong case and get the compensation you deserve for medical bills, property damage, pain and suffering, and other losses. Here’s what you can do to maximize your chances of a successful claim:
Get a Copy of the Police Report
Solid evidence proving another party’s fault is crucial for your case. If the police were called after your accident, the report would be helpful. Look for the officer’s business card and use it to call for information on how to obtain the report. If you have trouble getting it yourself, your lawyer can assist you later.
Document Your Injuries and Treatment
Demonstrating the impact of the accident is critical. See a doctor immediately for a diagnosis and follow their treatment plan carefully. Courts might not favor a claim where you say your injuries prevent work, but your social media shows you enjoying an active lifestyle soon after. Take it easy, follow doctor’s orders, and keep detailed records of all medical expenses.
Hold Onto Damaged Belongings
Don’t discard that wrecked helmet or torn jacket. They could be crucial evidence showcasing the accident’s severity and potential for worse injuries. Even if you don’t need them initially, you never know how your case unfolds, so keep them safe.
Find an Experienced Personal Injury Lawyer
Seek a legal team with a proven track record and a commitment to your success. Look for a motorcycle accident lawyer and schedule a free consultation to understand the process better. In the meantime, avoid social media and don’t sign any documents from insurance companies. Early agreements might limit your chance for a fair settlement later.
Collaborate with Your Legal Team
Your team will take charge once you consult a lawyer and provide all available information. You won’t have to handle communication with insurance companies or other parties and’ll receive regular updates on the case’s progress. With the correct details and a trustworthy team of experienced lawyers, you can significantly increase your chances of a substantial settlement or verdict.
Additional Information Relevant to Motorcycle Accident Claims
California’s Fault System and Shared Liability
California follows a fault-based car accident system, which means the party responsible for the accident is financially liable for the damages. In motorcycle accidents, determining fault can be complex. Here’s why:
- Motorcycle Bias: Unfortunately, some jurors and insurance companies are subconsciously biased against motorcyclists, assuming they are inherently reckless.
- Comparative Fault: California adheres to a comparative negligence system. This means that even if you’re deemed partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by the percentage of your fault. For instance, if you’ve found 20% at fault for a $100,000 claim, you’ll receive $80,000.
Steps to Take After a San Diego Motorcycle Accident
The immediate aftermath of a motorcycle accident can be chaotic. Here are crucial steps to take to protect your rights and strengthen your claim:
- Seek Medical Attention: Your health is the priority. Get immediate medical attention regardless of the severity of your injuries. Document any injuries and treatments received.
- Secure the Scene: If possible, take pictures of the accident scene, including vehicle damage, skid marks, and road conditions. Gather contact details of any witnesses.
- Report the Accident: File a police report to document the accident details. This report can be crucial evidence later.
- Consider Legal Representation: Motorcycle accident claims can be intricate. Consulting an experienced accident lawyer in San Diego can significantly improve your chances of getting fair compensation. They can handle negotiations with the insurance company, analyze the complexities of the case, and ensure your rights are protected.
Damages Recoverable in a Motorcycle Accident Claim
Motorcycle accidents often lead to significant losses. A San Diego motorcycle accident attorney can help you recover compensation for various damages, including:
- Medical Expenses: This covers past, present, and future medical bills associated with your injuries, including surgery, rehabilitation, medication, and therapy.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income. This may include future lost earning potential if your injuries impact your ability to work long-term.
- Pain and Suffering: This covers the physical and emotional distress caused by the accident.
- Property Damage: You can recover compensation for repairing or replacing your damaged motorcycle and gear.
- Wrongful Death: If you tragically lose a loved one in a motorcycle accident, the surviving family members may be entitled to file a wrongful death lawsuit to recover damages such as funeral expenses, lost financial support, and loss of companionship.
Key Factors Affecting Your Claim
Several factors can influence the value of your San Diego motorcycle accident claim. Here are some significant ones:
- Severity of Injuries: The extent and permanence of your injuries significantly impact your claim’s value. More severe injuries generally translate to higher compensation.
- Shared Fault: As mentioned earlier, California’s comparative negligence system comes into play. The percentage of fault attributed to you will directly affect your compensation amount.
- Medical Records: Detailed medical records documenting the accident’s cause, the nature and extent of your injuries, and the recommended treatment plan strengthen your claim.
- Insurance Coverage: The at-fault party’s insurance policy limits play a role. You can only recover compensation up to the policy’s coverage limits. An experienced lawyer can explore all available avenues to maximize your recovery.
Broadway Law is a personal injury law firm San Diego county that offers free consultation, high-quality legal services, and a caring, like-family treatment. If you’re seeking peace of mind while obtaining the maximum compensation for the damages you suffered at your accident, please call us at (888) 824-1025. Don’t waste time and don’t let go the opportunity of obtaining multiple benefits for you and your family.