Victorville Motorcycle Accident Lawyer
Few events on the road can result in injuries as severe as those involving motorcycles. Riders face the same hazards as drivers but do not enjoy the protections that cars, trucks, and SUVs provide during a collision. This means even a collision at low speeds can result in life-altering injuries.
Every person who suffers harm because of the poor choices of other drivers deserves full compensation. This may include payments for medical bills, emotional traumas, and lost earnings. A Victorville motorcycle accident lawyer could help you understand your rights under the law, gather evidence concerning the incident, and seek the necessary payments to get your life back on track. An experienced personal injury attorney is ready to help you file a claim.
Possible Consequences of a Motorcycle Accident
Motorcycle accidents are traumatic events. Most bikers will require at least some medical attention to stabilize their condition. This could include a trip to an ambulance, ER care, and rehabilitation sessions. A comprehensive claim for compensation will secure payments to cover the cost of all these visits. Reimbursement applies to all common and uncommon injuries that may result from these accidents, including:
- Severe cuts and scrapes
- Concussions
- Broken bones
- Separated joints
- Spinal cord damage
While a case will center around these physical injuries, there are other potential sources of compensation. If an individual loses income due to missing time at work, a defendant must reimburse them for these missing payments. Many people experience emotional traumas such as nightmares or PTSD connected to the event. A motorcycle collision attorney in Victorville could place an accurate dollar value on a case and strive to collect full payments from every liable party.
Defending Against Allegations of Shared Fault for Motorcycle Accidents
To collect any compensation after a motorcycle crash, the injured person must show another driver caused the collision. This may be due to violations of the law or simple carelessness. The primary goal of any case is to prove another driver was negligent. This can involve obtaining information such as:
- A police report
- Accident reconstruction data
- Witness statements
- Cell phone records
In addition, under state law, a defendant may argue that an injured person contributed to an incident. Per California Civil Code § 1714, a court must evaluate the actions of all involved parties and assign blame based on them. As applied to motorcycle wreck cases, a defendant driver or their insurance company may allege a biker was illegally weaving between lanes before a collision. They could also argue a motorcyclist was not wearing a helmet, speeding, using a cell phone, or otherwise distracted.
A lawyer in Victorville could take the lead to gather evidence of a defendant’s fault while fighting back against any potential allegations of shared blame after a motorcycle crash.
What to Do After Being Hurt in a Motorcycle Wreck
It is more than understandable to be confused and upset after being involved in a traffic accident while on a motorcycle, especially one that results in serious injuries and is entirely someone else’s fault. To the fullest extent possible, though, it is important to act proactively and promptly after getting hurt under circumstances like this, both to strengthen a civil claim in the short term and minimize long-term harm from the incident.
Motorcyclists are beholden to the same hit-and-run laws as all other motor vehicle drivers, so unless they need emergency medical attention, motorcyclists involved in wrecks should remain at the scene until they have:
- Made sure everyone else involved is safe
- Exchanged contact and insurance information with those involved parties
- Spoken to responding law enforcement officers
As soon as possible afterward, the motorcyclist should be evaluated by a qualified medical professional, both to identify any injuries that have not produced obvious symptoms yet and to obtain formal documentation of the harm they have sustained.
Last but not least, doing some prep work for a possible civil claim can be helpful even before contacting legal counsel. For example, getting contact information from witnesses and making note of surveillance or dashboard cameras that may have captured the incident as it happened. A Victorville motorcycle accident attorney could make effective use of these details later on when helping to construct a lawsuit or settlement demand.
What Legal Time Limits Apply to Motorcycle Crash Claims?
Beyond just preserving important evidence and getting necessary care, it is also important to act quickly after getting hurt in a motorcycle accident because of the filing deadlines set for personal injury cases by the state statute of limitations. According to California Code of Civil Procedure § 335.1, most people who get hurt through someone else’s negligence have a maximum of two years after initially sustaining an injury to file suit.
Under certain circumstances, though, the starting point for this two-year period can be “tolled,” or paused, until a specific prerequisite condition is met. For example, injured adults sometimes have up to two years after initially discovering their injuries rather than after first sustaining them. Additionally, injured children technically have two years after their 18th birthday to file suit regardless of when they were originally hurt, although parents and guardians suing on behalf of minor children are still generally beholden to the standard statute of limitations.
Are There Caps on Financial Recovery for Motorcycle Collisions?
California does not impose artificial “caps,” or limits, on the total compensation a person injured in any kind of traffic accident can demand from the person at fault for that accident. However, there is one notable exception for people without auto insurance, who are not allowed to seek compensation for non-economic damages like physical pain and psychological suffering caused by another person’s misconduct.
There is also an exception to the exception, where this “No Pay, No Play” rule does not apply if the person at fault for the incident in question was convicted of driving under the influence (DUI). A qualified motorcycle accident lawyer in Victorville could go into further detail about how this and other legal regulations may impact a particular claim during a confidential consultation.
Reach Out to a Victorville Motorcycle Accident Attorney Today
Motorcycle wrecks can result in severe injuries. Whenever these events are the product of another person’s poor driving, you deserve the compensation you need to set things right. This can include payments for medical bills, lost wages, and lost quality of life.
A Victorville motorcycle accident lawyer could help you collect these payments. From day one, a seasoned legal team could evaluate your case, obtain all relevant evidence, measure your losses, and demand full reimbursement in and out of court. Call our office today to schedule your appointment.