You need to get in touch with the best motorcycle accident lawyer in California and they are the only ones who can help you to get justice and the deserved compensation due to an accident. As per records, every year more than eighty-eight thousand people fall prey to motorcycle accidents. In California, motorcycle accidents cover around seventeen percent of the road fatalities and it is the second state after Florida regarding the total number of motorcycle accidents. As per research, it is found that for every mile traveled, accidents involving a motorcycle are expected to occur twenty-six times higher than that of the passenger vehicles. The below-mentioned guides are to be remembered and followed in case of a motorcycle accident.
What is to be done if I meet with a Motorcycle Accident?
If you are involved in a motorcycle accident, you should immediately seek help from a Motorcycle Injury Lawyer and also understand your legal rights. There is an article that provides a basic introduction involving motorcycle accident laws in California. The first step followed by the lawyer is to assist you with the basic formalities for seeking financial compensation related to the motorcycle accident. Then, the lawyer would make you understand how to establish negligence in a personal injury lawsuit and the importance of comparative negligence in a motorcycle accident lawsuit. Attention lawyers: Contact Brad Nakase if you need seo services for lawyers San Bernardino. Lastly, you would be given an overview of how an experienced motorcycle accident lawyer can help you in getting the best of the compensation that you deserve based on the damages caused due to the accident.
What are the two ways of securing compensation after a Motorcycle Accident?
Post a motorcycle accident, there are two ways of securing compensation for injuries and loss as per the following ways:
- Personal Injury Claim: In this type of claim, you file an insurance claim with your insurance provider and they get a thorough inspection of the event through their appointed inspector or an insurance claim adjuster. Once the investigation is over, you negotiate with your provider, and you are offered financial compensation to cover your medical injuries, property losses, etc.
- Personal Injury Lawsuit: The above-mentioned point is the first step to be followed and in case you don’t get an adequate amount of compensation to meet your medical expenses, loss of job or property damage, etc., you are eligible for filing a personal injury lawsuit. It is a civil legal action through which a victim demands the compensation he deserves through the court of Law and in case of motorcycle-related accidents, the majority of the victims adopt this step since the insurance companies always tend to sanction a lesser amount of compensation and make some profit out of it.
What is to be done to prove negligence in a Motorcycle Accident?
Once you file a personal injury lawsuit, your lawsuit would always include a claim or claims against the at-fault driver due to negligence. In California, there are five elements of negligence and you need to prove any one of them to proceed with the lawsuit and file your claim. The five elements are as follows:
- Duty: In case the motorcycle accident is caused by a truck or a passenger vehicle, the at-fault driver should be the defendant. It is their legal duty to take reasonable care of the motorcyclist.
- Breach of Duty: In case there is a violation of traffic law by the driver and it hits the motorcycle, then the driver has breached his duty.
- Cause in-fact: The motorcyclist must prove that the driver has caused him injury and other losses without any such if or but.
- Proximity Cause: The driver of the vehicle is responsible both legally and financially for the damages of the motorcyclist.
- Damages: The motorcyclist should share a detailed report of the damages such as medical expenses or property damages, etc. caused due to the negligence of the driver to gain the maximum compensation.
Last but not the least; it is highly advisable to consult an experienced lawyer since he or she would be the best one to gather witnesses or pieces of evidence and fight for your maximum compensation.
