Motorcycle accidents can be devastating and result in serious bodily injuries. To make matters worse, everybody always assumes that the collision was the rider’s fault. People who do not own a bike, and don’t understand the physics that keep a bike upright, have this faulty belief that anybody who rides a motorcycle must not be a cautious person. Even attorneys, if they don’t own a bike, often are quick to blame the rider. But just the opposite is true: the majority of motorcyclists are defensive riders and are much more careful on the road than your average driver. Riders take extra precautions to avoid an accident because a collision with a vehicle will certainly result in serious bodily injuries as a bike does not have airbags and a roll cage to protect you from other cars and the road. If a car and motorcycle collide, it’s usually after the rider has done everything in their power to avoid the collision and the driver simply did not see the rider. You cannot explain this to an attorney who has never sat behind the handlebars; they will usually assume that you were careless simply because you ride a motorcycle. They have never been in your shoes to see how cars repeatedly make left turns or U-turns in front of you as you are legally passing through an intersection. For this reason, it is absolutely critical that your attorney be a rider, so that your attorney can understand you, believe in you, and do an effective job representing you. We provide you with exceptional legal representation by a motorcycle accident attorney who rides, who is an expert in the law, and who knows what it takes to prove and win your case.
As a motorcycle accident victim, your first priority is immediate and proper medical care. However, with that care comes extensive medical bills that you may not financially or mentally be prepared to battle with. The amount of work that needs to be done may be astonishing, leaving you drained and unable to fully focus your time and energy in recovering. To make things even more difficult, insurance companies are notorious for delaying and sometimes avoiding medical treatment as well as financial compensation that you are entitled to. You need an attorney who believes in you and will be committed to your cause and proving your case so that you know you are fully protected and can focus all of your energy on recovering from your injuries.
After a motorcycle collision there are certain legal steps that you need to take to preserve your legal rights. Your claim needs to be made to either the responsible party’s insurance carrier or if they are uninsured to your insurance carrier. If the claim is not entered in a timely matter, you run the risk of jeopardizing, if not forfeiting your claim entirely. You must send a legal demand letter to the insurance carrier describing your loss and various other details, all the while mindful of the statute of limitation which may prevent you from recovering for your injuries. Keep in mind that your accident is not something that happens everyday to you, and surely dealing with insurance companies is not on your daily to-do list as well. Understandably, you may not be familiar with the procedures, laws and limitations and more importantly the parameters of your policy terms and conditions. However, for insurance companies dealing with various claims is a task that they work with daily. Insurance companies have guidelines and procedures that are designed to benefit them and avoid every possible liability to you. This is not a fair fight. Often after a collision, the last thing you are worried about are the administrative tasks that need to be done. While you are focused on your short term needs, tending to these administrative tasks is critical to your long term recovery. Therefore, having legal representation to handle the procedural tasks allows you to get the maximum recovery while you focus on your rehabilitation.
Motorcycle accidents are distinguishable from car accidents. While interviewing witnesses at the scene of the accident, reports typically reflect witnesses who are not familiar with the DMV rules and Vehicle Code that are specifically designated for motorcycle riders and therefore infer that the motorcyclists are at fault. For example, a driver not familiar with the law may conclude that the motorcycle who is passing vehicles in between lanes is driving recklessly when the Vehicle Code within limitations allows this. An experienced motorcycle attorney will identify these biases and defend your position to the fullest extent. Occasionally, upon the review of police reports our personal injury attorneys may find reports that need further investigation or interviews, and our attorneys will promptly re-interview those witnesses and/or police officers while the incident is still fresh in their mind.
The most tragic of all outcomes is death as a result of a motorcycle accident. You may be able to file a wrongful death claim on behalf of your loved one and assert his or her rights. You and your family may recover for loss of income, companionship, medical bills and loss of property. Burial costs may also be recovered.
The Statute of Limitations (specific time limit to file your claim in the state of California) is critical to any personal injury case. Although you may need extensive medical treatment and rehabilitation, you have to file a complaint in court in a timely matter to preserve your legal rights. If you fail to timely file your claim, then you may forfeit your claim in its entirety leaving the insurance company with no reason to compensate you for even the most obvious expenses. Our attorneys are consistently aware and diligent to file your lawsuit before the Statute of Limitations runs.
Protect yourself or your loved one today. Contact an experienced motorcycle accident attorney who is also a rider and make sure you are protected to the fullest extend of the law. You are entitled to be made whole and compensated for your injuries. Let us help you obtain justice and hold the careless driver accountable for their actions. Call us now at 619-955-5578.