It is worth hiring a motorcycle accident lawyer if you’ve been injured in a motorcycle accident which was at least partially somebody else’s fault.
While all vehicle accidents can lead to injuries, motorcycle accidents can lead to particularly severe injuries. Motorcyclists do not have the frame of a vehicle protecting them from injury like most drivers do.
You may be left with life-altering, permanent injuries which may require expensive long-term medical care and may permanently affect your ability to work and earn money. You cannot afford to try to settle a motorcycle accident injury claim on your own with the stakes these high.
Insurance companies will not offer you the money you deserve and are legally entitled to if you don’t have a lawyer. They will assume you lack the legal knowledge and skills to beat them in court, so they will offer you next to nothing for your injuries, daring you to sue them over it. They’ll do this because they have expensive corporate lawyers to defend them in court, and they know you can’t beat their lawyers in court if you don’t have experienced motorcycle accident attorneys of your own at your side.
A motorcycle accident lawyer can help you prove that another driver’s negligence was responsible for your injuries, opening a path for you to obtain financial compensation. A motorcycle accident lawyer can hold negligent drivers responsible for your injuries, suffering and financial losses.
The process of filing a motorcycle accident injury claim is a long, complex one. You shouldn’t have to go it alone while you’re injured. A motorcycle accident lawyer can handle the entire process for you while you simply focus on recovering from your injuries.
Can I Handle My Motorcycle Accident Claim Myself?
Should you handle your motorcycle accident claim yourself? Probably not, Motorcycle accident claims are complex and require decades of legal experience to handle properly. This experience is the difference between recovering every penny you are legally entitled to for your injuries and recovering a tiny fraction of what you deserve.
Ask yourself the following if you’re wondering if you can handle a motorcycle accident claim yourself:
- Do you know how to correctly determine the full value of your case?
- Do you know how to properly argue your own case in court if the insurance company refuses to pay you the full value of your case?
- Are you experienced in negotiating medical bills as far down as they can go?
- Do you know what the legal deadlines are for filing your case?
- Do you know the proper procedure to submit evidence?
- Do you know how to order police reports?
- Do you know how to order traffic footage?
- Do you fully understand all of the fine text in all of the documents the insurance company is sending you?
- Do you fully understand every insurance policy that applies to your injury claim?
You need a motorcycle accident lawyer to handle your claim for you if you answered “no” to any of the above questions. Nadrich & Cohen handles motorcycle accident cases on a contingency fee basis, meaning you will not be charged a fee unless and until we obtain financial compensation for you.
Can I Sue After Being In A Motorcycle Accident?
You can sue after being in a motorcycle accident if your motorcycle accident was at least partially someone else’s fault. In other words, you can sue if somebody else’s negligence caused your motorcycle accident. Those who injure others via negligence in California are legally liable for those injuries.
Negligence is failing to behave as a reasonably careful person would in the same situation. Doing what a reasonably careful person wouldn’t do in the same situation is negligent. Not doing what a reasonably careful person would do in the same situation is negligent.
You can sue after a motorcycle accident even if your own negligence was partially at fault for your accident. This is because California is a comparative negligence state.
This is how comparative negligence works in California: if you are found 30% at fault for an accident, the damages you recover in your claim are reduced by 30%.
The following must be proven in California to successfully establish a motorcycle accident negligence claim:
- Someone was negligent
- You were harmed
- The negligence was a substantial factor in you being harmed
Proving negligence can be a difficult, complex process. Motorcycle accident lawyers like Nadrich & Cohen can hire proven experts to analyze and reconstruct your motorcycle accident in order to prove that your injuries were caused by someone else’s negligence.
Drivers who cause accidents are often found negligent because of the concept of negligence per se. Negligence per se essentially means negligence by virtue of breaking the law. If someone causes an accident by breaking a law, such as causing an accident by speeding, it is considered negligence per se.
A motorcycle accident attorney can prove negligence per se by proving that:
- Another driver violated a regulation, ordinance or statute
- This violation caused injury or death to property or person
- The injury or death happened because of an act the regulation, ordinance or statute was intended to prevent
- The regulation, ordinance or statute was designed to protect the a group of people including the person who was injured or killed
A violation of many traffic laws can lead to negligence per se, including:
- Running stop signs
- Running red lights
- Failing to yield
- Texting while driving
- Distracted driving
- Improperly maintaining a vehicle
- Reckless driving
- Driving under the influence of drugs or alcohol
Many different parties can be negligent and therefore responsible for your motorcycle accident injuries, including:
- Another driver
- A pedestrian
- Another motorcyclist
- The city
You can sue for financial compensation if you’ve been injured in a motorcycle accident, and you might be able to recover damages for:
- Past and future medical bills
- Lost wages
- Loss of earning capacity
- Damage to your motorcycle
You should talk with a motorcycle accident lawyer before talking to another driver’s insurance company if you’ve been in a motorcycle accident. The other driver’s insurance company wants to settle your claim for as little money as possible, and their adjusters are trained to trick you into admitting fault for an accident so they can do this. Let an experienced motorcycle accident attorney talk with the insurance companies for you so you can avoid accidentally incriminating yourself and focus on recovering from your injuries.
How Can A Motorcycle Accident Lawyer Help Me?
Motorcycle accident lawyers know how to analyze accidents, accurately calculate motorcycle accident victims’ damages and gather all the evidence needed to prove that someone else’s negligence caused your accident. Also, if an insurance company refuses to pay you what you’re legally entitled to, you’ll need an experienced lawyer to fight for you in court so you can obtain the compensation you deserve.
Motorcycle accident attorneys can help you by:
Giving You A Free Consultation
Motorcycle accident lawyers like Nadrich & Cohen work on a contingency fee basis and offer free consultations. We can provide you with the following during your free consultation:
- Identification of any compensation you’re entitled to
- Evaluation of the strengths and weaknesses of your case
- Discussion of your injuries and whether you need specialists
- Evaluation of any insurance coverage available to you
- Estimation of how long your case will take
- Evaluation of if your case needs expert testimony
- Answers to any questions you have
There is no reason not to call a motorcycle accident lawyer and obtain a free consultation which can tell you how much your motorcycle accident case may be worth.
You cannot prove that your motorcycle accident was somebody else’s fault with word of mouth alone. You need compelling, comprehensive evidence to prove this. Motorcycle accidents can be very complex, especially when multiple vehicles are involved.
Experienced motorcycle accident lawyers can quickly and efficiently gather evidence to bolster your case which can include evidence from the accident scene, traffic camera footage, witness statements, expert testimony and police reports. A lawyer can use this evidence to skillfully build a convincing case against a negligent driver.
The process of evidence preservation can be more complex than you may think. Our lawyers can do the following for you to preserve evidence:
- Send spoliation letters to make sure evidence is preserved
- Send subpoenas
- Hire experts to analyze, preserve, document, identify and evaluate evidence
- Issue Freedom of Information requests
Some of the evidence needed in a motorcycle accident injury case is evidence that your injuries will cost you a lot of money. Motorcycle accident attorneys can hire medical experts to provide evidence in the form of testimony about the lifetime effects of your injuries, and how much your future medical needs will cost.
Proving That You Have Suffered Damages
It is necessary to prove that you have suffered damages, as well as prove that the negligence of another party is responsible for your expenses and injuries. Motorcycle accident attorneys can coordinate with healthcare providers to accurately tabulate your medical costs.
Damages in a motorcycle accident lawsuit can include:
- Hospital bills
- Medical bills
- Medical supplies
- Physical therapy
- Occupational therapy
- Lost earning capacity
- Lost wages
- Loss of limb
- Loss of consortium
- Pain and suffering
A lawyer can consult with your healthcare providers to estimate how much compensation you’ll need for any future medical treatments and permanent medical conditions.
Medical reports merely describe injuries. They don’t describe how injuries relate to motorcycle accidents. However, motorcycle accident claims require that it be explained how injuries relate to motorcycle accidents. Lawyers can help explain this association.
Negotiating With The Insurance Companies
Motorcycle accident lawyers can negotiate and communicate with an at-fault driver’s insurance company, acting in your best interest and attempting to recover the largest possible settlement. The insurance company will probably quickly offer you a very small settlement, but you should discuss any settlement offers with your lawyers and let them negotiate the offers.
Insurance companies have no interest in paying you what you deserve for your injuries. They will always try to pay you as little as possible. Let your motorcycle accident attorney handle negotiations and accepting offers. They can protect you from accepting settlements which bar you from seeking further compensation while inadequately covering all of your damages.
Hiring a motorcycle accident attorney can be the best move you’ll ever make. Having a lawyer by your side tells the insurance company that you’re serious about recovering every penny you are legally entitled to. Often times, the mere act of hiring a lawyer is enough to convince an insurance company to offer you a settlement that gives you every penny you deserve for your injuries, since insurance companies know that paying a fair settlement is cheaper than losing to experienced lawyers in court. Almost all of our cases end up being settled out of court because insurance companies know it’s a waste of time and money to take us on in court, since we have an established track record of winning cases in court.
Lawyers know what cases are worth and won’t be afraid to take claims to trial when insurance companies refuse to pay what claimants deserve.
What If I Crashed Because Of A Motorcycle Malfunction?
No matter how experienced of a rider you are and no matter how defensively you may drive, you may still get in an accident due to a malfunctioning motorcycle. Motorcycle accidents can be caused by defective motorcycle parts. It is especially common for a malfunction to cause an accident when you’re driving at highway speeds, and the consequences of a malfunction at high speeds can be severe.
In California, businesses who manufacture, sell or design defective parts are liable for any injuries caused by the parts. A motorcycle accident lawyer can file a product liability lawsuit against those responsible for the malfunction that caused your accident.
Manufacturing defects are defects which exist because something went wrong during the manufacturing process. Products with manufacturing defects differ from a manufacturer’s specifications or design or from other typical units in the same product line.
Products with design defects didn’t have anything go wrong during the manufacturing process. Rather, they are defective by design because they are unreasonably dangerous even when manufactured and used properly.
Products with design defects don’t perform as safely as ordinary consumers would expect them to perform when used as intended or in a reasonably foreseeable way. Products with design defects also possess risks which outweigh their benefits. When evaluating whether a product’s risks outweigh its benefits, California jurors are instructed to consider:
- How much harm can occur from using the product
- How likely this harm is to occur
- How feasible alternative, safer designs are at the time the product is manufactured
- How much an alternative design costs
- Alternative designs’ disadvantages
Failure To Warn Defects
A product has a failure to warn defect if it is dangerous, the manufacturer/distributor/seller of the product knows or should know it is dangerous, and the product does not include adequate warnings or instructions about this danger. An example would be a drug that causes cancer which does not have a cancer warning on its label.
The product must be dangerous when used as intended or in a reasonably foreseeable way. Ordinary consumers must not be able to recognize the danger without a warning or instructions.
Failure to warn defects often result from companies not bothering to adequately test their products for safety. They also often result from companies deliberately covering up known dangers in order to sell more products.
What If My Spouse Died In A Motorcycle Accident?
A motorcycle accident lawyer can file a wrongful death claim for damages on your behalf if your spouse or domestic partner died in a motorcycle accident. Surviving family members can file claims when their loved ones are unable to under California wrongful death laws.
Many different family members can file wrongful death claims in California, including:
- Domestic partners
- Anyone else entitled to a decedent’s property under state intestate succession law
Wrongful death lawsuit damages can include any costs resulting from the loss of the decedent, including:
- Any money the decedent would have earned had they survived the accident
- Funeral expenses
- Burial expenses
- Compensation for loss of support and companionship
What If Road Conditions Caused My Motorcycle Accident?
A motorcycle accident attorney can file a premises liability lawsuit for you if you’re injured because of a motorcycle accident that was caused by a dangerous roadway condition. Premises liability lawsuits are filed in California when the negligent use or maintenance of property leads to injury.
Motorcycles are more prone to accidents resulting from poor road conditions than the average vehicle. Common roadway conditions which can cause motorcycle accidents include:
- Leaking water
- Metal plate covers
- Uneven sidewalks
- Cracked cement
- Lifted asphalt
- Loose gravel
- Road signs that have been damaged
- Broken light posts
Property owners have a duty to repair any roadway conditions they know or should know about that can cause motorcycle accidents. Cities and property owners who don’t keep their roads in a safe condition may be liable for any injuries caused by those roads.
Property owners in California must be reasonably careful in making sure they properly:
- Maintain their property
- Inspect their property
- Repair any dangerous conditions on their property
- Warn about any dangerous conditions on their property
Cities and government agencies can be held liable for dangerous conditions on their roadways as well. A motorcycle accident lawyer can help prove the following in a lawsuit against a city or government agency:
- The city or government agency controlled the property
- The property contained a dangerous condition when the accident occurred
- It was reasonably foreseeable that the dangerous condition could cause the type of injury which happened
- The city or government agency knew about the dangerous condition long enough to fix or warn about it
- You were harmed
- The dangerous condition substantially caused you to be harmed
How Much Does A Motorcycle Accident Lawyer Cost?
Most motorcycle accident lawyers, such as Nadrich & Cohen, represent injury victims on a contingency fee. This means that a fee is not charged unless a recovery is obtained, and the fee is not charged until the recovery is obtained. The fee is a percentage of the recovery obtained.
This means that anybody can afford a motorcycle accident lawyer, since no out of pocket money is ever charged and no upfront fee is ever charged.
When Should I Call A Motorcycle Accident Lawyer?
You should call a motorcycle accident lawyer as soon as possible after any motorcycle accident in which you were injured due to someone else’s negligence. There are strict time limits for filing personal injury lawsuits in California, and it can take an insurance claim a long time to reach the stage where a lawsuit must be filed, so it’s important to get the legal process started right way to make sure that a lawyer can preserve your legal rights and file a lawsuit in time.
In addition, it is very important to seek medical attention for your injuries as soon as possible after a motorcycle accident. This is because insurance companies can claim your injuries were caused by something other than your accident, or that your injuries must not be very severe if you waited to get them treated, if you don’t seek immediate treatment. They can then use these excuses to pay you less or not pay you at all.
A motorcycle accident lawyer can get you to doctors who will give you the medical treatment you need on a lien, meaning you won’t have to pay for your medical care until your case is over. This is why you need to call a motorcycle accident lawyer right away if you’ve been injured in an accident that wasn’t your fault: so the lawyer can get you to a doctor right away.