Hopefully, you escape a motorcycle accident unscathed. Unfortunately, it’s possible to sustain serious injuries in a motorcycle accident.
Should that be the case, you should:
In the aftermath of an accident, it’s normal to experience a surge of adrenaline and possibly even shock. Here’s what to do:
Prioritize your safety. Do your best to remove yourself from danger. Seek medical help even if you feel fine – injuries may not be immediately apparent.
Notify the authorities. The police report will be crucial in your personal injury case.
Collect details from the other party. Obtain their name, phone number, driver’s license, address, insurance information and a brief description of their vehicle.
Record the incident. If you’re up to it, snap pictures of both your injuries and the accident scene for evidence.
Don’t accept liability. There’s no need to shoulder the blame right after the accident.
Reach out to a skilled and experienced motorcycle accident injury lawyer. We’re here to guide you through every stage of the process.
You may be eligible for compensation. The compensation you receive from a motorcycle accident is heavily dependent on the specific circumstances surrounding your ordeal. Elements such as the determination of fault, degree of blame, and the severity of your injuries are all critical considerations. Awards can be made for both material and immaterial losses.
Understandably, material losses deal with financial implications – medical bills incurred as a result of the accident, lost income (both current and future), costs associated with repairing or replacing your motorcycle, and so on. In more severe cases, material losses can also accommodate provisions for rehabilitation, physical therapy, future medical expenses, and necessary adaptations made to your home for accommodating the aftermath of your injuries.
On the other hand, immaterial damages cover the emotional turmoil and pain you’ve experienced, including everything since your accident. These damages may also encompass “Loss of Consortium” which refers to the loss of companionship from your spouse, and “Loss of Enjoyment of life,” designed to compensate you for being unable to resume activities you previously enjoyed. Our aim is to help you reclaim all the compensation you’re rightfully due.
The Role of a Motorcycle Accident Lawyer
Have you been involved in a motorcycle accident within California? Regardless of your role in the accident as a cyclist or otherwise, our California-based motorcycle accident attorney, Belal Hamideh is equipped to guide you towards securing your justified compensation.
Motorcycling, though exhilarating, poses significant risks. The damage inflicted by a motorcycle accident often far exceeds other types of vehicular accidents, resulting in more significant injuries or even worse outcomes. In California alone, motorcycle accidents account for over 15% of vehicle accident fatalities.
Imagine the financial toll following the aftermath of a motorcycle accident: ongoing rehabilitation, enduring care, diminished work capacity, and the emotional cost of pain and suffering. The cumulative costs can soar into the millions. This is precisely when Belal Hamideh steps up to the plate. Initiate a free consultation with our team to ensure your right to maximum compensation is protected.
Is it Worth Hiring a Motorcycle Accident Lawyer?
Absolutely. The importance of having a seasoned California motorcycle accident attorney on your side is invaluable. The right lawyer is a tenacious defender of your interests and legal rights, with a sole focus on securing optimal compensation for your claim.
A lawyer with expertise in motorcycle accident cases is able to confidently and accurately assess your case to ensure you receive all of the compensation you’re entitled to. They are vigilant about important deadlines, including filing lawsuits, presenting evidence, and more, all advocating for your best interest. They can ensure your medical bills are settled at the least possible cost, liaise to obtain police/traffic reports, and handle a host of other responsibilities so you can concentrate on your recovery.
Moreover, a motorcycle accident lawyer is adept at maneuvering through insurance companies. They are familiar with your policy coverages, how they relate to your claim, and the insurance company’s strategies, ensuring you get everything you deserve, be it through settlement or court proceedings. The right lawyer can assist you in countless ways.
Understanding Your Compensation Rights After a Motorcycle Accident
It’s critical to know what recompense you’re entitled to after a motorcycle accident. This can be segregated into non-economic and economic compensations. Reported economic damages include any charges stemming from the accident, such as medical expenses, loss of earnings (both immediate and prospective), motorcycle repair or replacement costs, and more. These can also encompass the cost of rehabilitation, physical therapy, future medical treatments, house modifications, etc., particularly if the injuries are grave.
Non-economic damages refer to the emotional and physical trauma experienced after the accident and any life changes you’ve had to endure as a result. This can also extend to “Loss of Consortium” (if the accident has resulted in the loss of a spouse) or “Loss of enjoyment of life,” which relates to being unable to participate in pursuits that you used to admire before the accident. Our aim is to aid you in claiming all the compensation you’re lawfully due.
Understanding Legal Proceedings for Motorcycle Accidents
When you’ve been the victim in a motorcycle accident, you’re legally justified to institute proceedings against the individual culpable for the accident. However, this just sets the legal wheels in motion. To build a strong case, you must prove that the other driver’s negligence was the major contributing factor to the accident and was responsible for your ensuing injuries.
To build such a negligence case, four key elements need to be addressed. First, you need to demonstrate that there was a “due of care” from the defendant, which implies they were obliged to adhere to road safety and drive responsibly. It then needs to be proven that this responsibility was not met due to their action or inaction. Following this, a direct link needs to be established between this lapse and your accident. Lastly, the evidence must show that the accident resulted in tangible harm to you. An experienced attorney can navigate you through this complex process.
The Timeline for Resolving a Motorcycle Accident Claim
The time taken to settle a motorcycle accident claim can vary widely, as each accident and its circumstances are unique. Our team has had successes in closing cases within a few weeks, though some cases can even extend to years, necessitating court trials. We wholeheartedly represent victims of accidents such as yourself, fighting for your rights. We can assure you that engaging a lawyer at the earliest possible juncture can expedite the process, enabling us to advocate for your rightful compensation sooner.
Motorcycle Accident Patterns and Scenarios
The most prevalent motorcycle accidents involve collisions with larger vehicles, an issue accentuated in California where the city is home to the bustling Port of California. The constant movement of a multitude of semi-trucks and other large vehicles, combined with the approximately 900,000 vehicles owned by the city residents, escalates the risks for motorcyclists.
Impaired driving is the leading cause of motorcycle accidents, underlying about one-fourth of all fatal accidents. Other typical causes include speeding, lack of experience from either party, distracted or irresponsible driving, lane splitting, and more. Factors outside the rider’s control, like defective motorcycles, perilous road conditions, and obstructed visibility, can also contribute to accidents.
Common injuries sustained in motorcycle accidents range from broken bones, severe burns from road rash, whiplash, traumatic brain injuries (TBI), to spinal injuries, and even paralysis. Regardless of your injuries’ extent, our team is here to assist and support you every step of the way.
Post-Motorcycle Accident Measures: A Comprehensive Guide
Facing a motorcycle crash is a potentially life-altering event, marked by the intense rush of adrenaline or a state of shock. What follows can be confusing, hence why we’ve outlined below the crucial steps to take thereafter.
First and foremost, prioritize your wellbeing. Endeavor to leave the danger zone if you can and, despite feeling unscathed, ensure to seek immediate medical attention.
Secondly, involve the police. The official police record of the incident becomes an essential document when filling your personal injury claim.
Thirdly, exchange personal information with the involved party. Everything from their full name, contact information, drivers’ license number, residential address, vehicle specifications, and insurance data is essential.
Next, document the accident as best as possible. Using your phone’s camera to take pictures of your injuries and the crash scene will provide helpful evidence.
Following the accident, avoid accepting blame. It’s not your role to determine fault at the scene; let the appropriate parties handle it.
Lastly, seek the counsel of an adept lawyer. This professional will provide crucial guidance throughout each step of the claim process.
On Helmet Use and Its Implications
Wearing a helmet while riding a motorcycle isn’t just a safety measure; it’s mandated by law in California. Riding without one might result in you sharing some responsibility for the injuries sustained during an accident.
However, California is a “comparative negligence state,” meaning that you can still claim compensation for your pain, distress, and injuries, even if you didn’t have a helmet on during the accident. Our firm has vast experience in defending clients in similar circumstances.
Compensation While Uninsured
Even when uninsured, if another party is at fault for the accident, you’re entitled to compensation for your injuries. However, lacking liability coverage may diminish your compensation amount.
If you’re involved in a motorcycle accident without insurance, but are blameless, you’ll face penalties for lack of coverage, as all drivers in California must carry liability insurance.
Specifically, this penalty will restrict your ability to claim compensation for your pain and suffering, also known as non-economic damages. This leaves you only able to claim for your economic damages. Our team can help you maximize these recoveries.
Why You Should Select a Reliable California Motorcycle Accident Lawyer
Belal Hamideh, a prominent motorcycle accident attorney, has dedicated years to helping individuals who’ve encountered motorcycle accidents navigate their injury claims. Let him put his expertise to work on your behalf. Our services are on a contingency basis, meaning you’ll not pay until the successful conclusion of the case.
Drawing out contacting a lawyer after an accident might seem harmless, but the sooner you engage one, the better your chances of securing maximum compensation. There’s a two-year statute of limitations from the date of the accident to file charges for your injuries. Act promptly to reduce the risk of missing your chance. We’re here, ready to stand with you.
Motorcycle Accident Laws in California
These laws may pertain to your motorcycle accident.
California Code, Vehicle Code – VEH § 27803
(a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, “wear a safety helmet” or “wearing a safety helmet” means having a safety helmet meeting the requirements of Section 27802 on the person’s head that is fastened with the helmet straps and that is of a size that fits the wearing person’s head securely without excessive lateral or vertical movement.
(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.
(g) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.