What to Do if You Are in a Motorcycle Accident
Motorcycle accidents are a serious problem in California. In 2021, there were over 10,000 motorcycle accidents in the state, resulting in over 400 fatalities. Motorcycle accidents can result in serious injuries or even death, and navigating the legal process involved in motorcycle accident litigation can be overwhelming. That’s where the expertise of a motorcycle accident attorney comes in. If you have been injured in a motorcycle accident, you may be entitled to compensation for your medical expenses, lost wages, emotional distress, pain and suffering, and other damages.
What to Do After a Motorcycle Accident
If you are involved in a motorcycle accident, the first thing you should do is seek medical attention. Even if you don’t think you are injured, it is important to get checked out by a doctor. Call the police immediately to report the accident. Obtain a copy of the California Highway Patrol or police report, and any photos or videos they have, because that report and other evidence will be important in any legal proceedings that may follow. Make sure the report is accurate. If it isn’t, notify the CHP or the police agency that investigated the accident.
You should also take photos and videos of the accident scene, the vehicles involved, and your injuries. This will help to preserve evidence and support your claim. Finally, you should contact a motorcycle accident lawyer as soon as possible. An experienced lawyer can help you understand your legal rights and options and can fight for the compensation you deserve.
Elements of a Motorcycle Accident Case
To recover compensation for your injuries, you will need to prove that the other driver was at fault. Usually, negligence is the cause of the crash. Negligence is a legal term that means the other driver failed to exercise the care that a reasonable person would have exercised under the same circumstances. There are many factors that can be considered in determining whether a driver was negligent, such as the speed of the vehicles involved, the weather conditions, whether any laws were violated and the presence of any road hazards.
Types of Injuries
Motorcycle injuries can cause significant injuries to the rider such as:
- Traumatic Brain Injury
- Broken / fractured bones
- Spinal Injury
- Emotional Trauma
- and more
Types of Damages
If you can establish that the other driver was at fault for causing the motorcycle accident, you may be able to recover a variety of damages, including:
- Medical expenses: The cost of your medical care, including doctor’s visits, hospital bills, and prescription medications.
- Lost wages: The income you lost due to your injuries.
- Pain and suffering: The physical and emotional pain and suffering you have experienced because of your injuries.
- Property damage: The damage to your motorcycle.
- Emotional distress: This is the emotional and psychological trauma that the injured party will face from being in a traumatic motorcycle crash and having to deal with the aftermath.
- Wrongful death: If a loved one was killed in a motorcycle accident, you may be able to recover damages for their death, such as funeral expenses and loss of companionship.
The Statute of Limitations
In California, you have two years from the date of your motorcycle accident to file a personal injury lawsuit. If you do not file your lawsuit within two years, you may be barred from recovering any compensation for your injuries. Please note that this is not legal advice. You must speak with a lawyer immediately after the crash to help protect your rights.
Hiring a Motorcycle Accident Lawyer
If you have been injured in a motorcycle accident, it is important to hire an experienced motorcycle accident lawyer as soon as possible. A lawyer can help you understand your legal rights and options and can fight for the compensation you deserve.
The motorcycle accident lawyers at Milanfar Law have extensive experience in motorcycle accidents and personal injury law, and we are dedicated to helping our clients recover just compensation for the harm that was inflicted on them. Our results and what our clients have to say about us speak for themselves. Our approach is very different from other firms because we have the experience of handling significant personal injury cases and have tried cases to verdict. We do the work and strategizing on your case so you can focus on getting better and moving closer to your pre motorcycle accident life. We are here to answer any questions to help you make an informed decision. Our firms, helps clients all over California, including Walnut Creek, Oakland, Los Angeles, San Francisco, Redding, Chico, Modest, Salinas, and more.
For more information about protecting your rights, please call us at 925-433-6003 or complete our intake form for a free consultation today.