A motorcycle accident is one of the most severe crashes you can get involved in while on the road. Victims of motorcycle crashes often sustain debilitating injuries and require months to heal. In some cases, the compensation they receive is hardly enough to cover a few of their expenses. We believe this is a gross injustice, and anyone who is harmed in a motorcycle accident due to the negligence of another party deserves to be fully compensated for his damages. Fortunately, motorcycle accidents can be litigated using many of the same rules that car accidents do, and thus, there is no grand difference in dealing with the cases. Individuals who have been hurt in motorbike accidents should contact our Tulare law firm for help in starting a lawsuit. Our experienced lawyers can help you receive the compensation you deserve after a motorcycle accident. Our clients often reach out to us with questions about what they should do if they were involved in a motorcycle accident. Examples of some of these questions include:
- Who are the best Tulare motorcycle accident attorneys?
- How do I file a motorcycle accident lawsuit?
- Where can I find California motorcycle accident attorneys?
- I need a Tulare County motorcycle accident law firm. Who should I call?
Proving Negligence in a Motorcycle Accident
In all accidents that happen on the road, there is a need to prove that a party acted in a negligent manner. Without this proof, there is no opportunity for you to successfully win a lawsuit. You may be able to prove these four points yourself, but it will be much easier with the assistance of a Tulare lawyer. Negligence based claims can be filed if:
- The driver owed you a duty of care. Essentially, all drivers on the road must do their fair diligence in protecting other drivers and keeping them safe. This means they will not actively drive in a manner that may be considered dangerous.
- The duty of care was breached. By driving in a reckless or careless manner, the responsible party could be said to have breached his duty of care. He may have run a stop sign, switched lanes without signaling, sped down residential streets, or acted in a manner that placed other drivers in harm’s way.
- The breach resulted in an accident. Due to the careless driving, a driver may have crashed into your motorcycle. If he were looking at his phone while operating his vehicle, he may have rear-ended you or sideswiped you as he passed.
- The accident led to actual physical injuries. You cannot file a personal injury claim unless you suffered physical injuries. The accident, then, must have caused you to suffer some kind of damage, whether it be a broken bone or numerous lacerations.
If you do not suffer any physical injuries in a motorcycle crash, you likely do not need to hire a lawyer in Tulare County. You will be able to deal with the insurance company yourself, as you will only be collecting property damage. You can present proof of the necessary repairs to the opposing driver’s insurance agent and show what needs to be done; in many cases, insurance agents will not want to waste time arguing and fighting these smaller claims, and will be more open to negotiating and even agreeing to your terms for a settlement.
When you are injured in a motorcycle accident, however, reach out to an attorney in Tulare.
Injuries from Motorcycle Accidents
Motorcycles are inherently dangerous vehicles to ride. They are quite literally engines that have seats attached to them. They do not have the basic safety features that motor vehicles have, and for good reason. A car has a seatbelt to keep you protected, as well as cushioned seats and even a roll bar at times to prevent the roof from crushing. Motorcycles leave you totally exposed, but if you were bound to the bike with a seatbelt, you would be invariably caught between the bike and whatever object you crash into. Or worse, you may be dragged in opposite directions.
The only safety measures on a motorcycle are those taken by the rider; knee pads and elbow pads, helmets, special durable clothing, and more are meant to protect the body in case of a crash. Regardless, injuries still happen, and sometimes the injuries are debilitating. They include:
- Broken bones
- Fractures
- Sprains
- Organ damage
- Internal bleeding
- Lacerations
- Concussions
- Traumatic Brain Injuries
- Amputated limbs or digits
- Disfigurement
- Nerve damage
- Coma
- Paralysis
- Death
Many of these injuries can and do occur in car accidents; however, because of the additional safety features present, they are much less common. Many motorcycle accidents lead to severe damages that require months of recovery.
Causes of Motorcycle Crashes
Many motorcycle accidents, as noted, occur due to the negligence of another driver. Driving a vehicle makes you get used to certain aspects of the road; for instance, whenever you switch lanes, you check your mirror and blind spot for a car, or examine the road for headlights. Motorcycles are smaller and can easily escape your field of vision, leading to accidents.
Some other reasons motorcycle crashes occur include:
- Driver did not see motorcycle in front
- Right of way was ignored
- Turned while in front of a motorcycle or turned into its path of travel
- Opened a door while a motorcycle was passing by
- Collided while the motorcycle was lane splitting (lane splitting is legal in California; it is the act of weaving in between traffic and moving through the lanes themselves as opposed to inside of them)
Even though you may be the most careful driver on the road, you can never be too careful when it comes to observing and yielding to others. You should always make sure to observe proper traffic laws, but if it seems like an individual is driving dangerously, get out of the way to avoid an accident. If you are hurt, call a motorcycle accident attorney in Tulare today.
What to Do after a Motorcycle Accident
After you have been involved in a motorcycle crash, you should take care to follow these few steps. You will likely be disoriented or hurt and unable to think straight; however, these simple procedures can be enough to make sure you stay safe in the immediate aftermath and do not let your ability to file a claim slip by.
First, seek medical treatment. You may be treated by paramedics who arrive on the scene or even be made to go to the hospital. This is a wise choice, as your adrenaline may prevent you from feeling certain injuries. A doctor can tell you if there are any damages that occurred that you did not know about.
Next, gather the necessary information from the opposing driver. This includes his name, address, phone number, insurance information, car details, and more. If the police were called, you may be able to find most of this information in the police report, so request a copy of that as well.
Then, take photographs of your damages and the scene. You should document the accident as best you can, and do not be afraid to use videos too. Witness testimony, evidence of your injuries, pictures of your bike and its damages, the state of the other driver’s car, his oral statement, and more can all be used to help hold up your claim when it is submitted to the insurance agency.
Finally, contact a Tulare attorney with experience in motorcycle accidents to help you get started on filing your claim. You will likely need legal assistance, as the insurance company will probably throw out your claim or ignore it. An attorney in Tulare County can help you receive fair compensation for your damages.
Compensation for Motorcycle Accident Victims
Our experienced Tulare lawyers can help you earn an adequate settlement for your damages. You should not be made to live without compensation if you were harmed in an accident that was not your fault. With the assistance of our law firm, you can receive compensation for:
- Medical expenses, including any costs relating to surgery, hospitalization, physical therapy, medication, and future medical procedures that will be necessary because of your injuries.
- Property damage, including repair or reimbursement of any personal belongings you had, as well as fixing your bike.
- Lost wages stemming from taking time off work due to your injuries or need to recover. Both lost wages from the past and future missed earnings can be reimbursed.
- Pain and suffering, or noneconomic damages, including PTS, mental scarring, psychological damage, fear, anxiety, and more.
Talk to a motorcycle accident lawyer in Tulare today for more help.
Normandie Law Firm: Your Law Firm of Choice
Our experienced attorneys at Normandie Law Firm are here to make sure you receive a proper settlement under the law for your damages in a motorcycle accident. Our aggressive lawyers will fight until we bring you compensation you’re satisfied with, and we treat our clients with the utmost respect and priority.
Call us today for a free legal consultation with an accomplished lawyer. You can discuss your case and your injuries and we will be happy to give you necessary information about the legal process. If you select us to represent you, you will receive our zero fee guarantee – meaning that you pay no out of pocket expenses for our services. If we win your case, our payment comes out of the settlement we bring you. If we lose, you owe us nothing at all. At no point during the litigation process will you owe us any money from your own savings.
Contact Normandie Law Firm to speak with a motorcycle accident lawyer today.
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