If you suffer injuries and property damage in a motorcycle accident, it is possible you do not know how motorcycle accident lawsuits work in California. How your motorcycle accident case will be resolved is determined by the evidence you present and the type of claim you make. There are many things to consider in a motorcycle accident settlement. If you are seeking compensation for the first time, you must understand how a motorcycle accident lawsuit works.

Types of Motorcycle Accidents You Can Sue

As a result of the accident, you might sustain bodily injuries. Again, your motorcycle might have been damaged during the accident. When this is the case, you can file a "property damage lawsuit." A personal injury lawsuit is more complex than a property damage lawsuit. However, the two claims begin after you contact the involved party's insurance provider.

The claim adjusters will do everything possible to ensure they limit the potential amount of money you receive in both your bodily injury and property damage claims. So, you want to work with a motorcycle accident attorney throughout the legal process.

  1. Motorcycle Accident Bodily Injury Lawsuit

When you sustain injuries in a motorcycle accident, you are entitled to compensation from the at-fault party's insurance company. Even when you do not want to sue the responsible person, an insurance claim is the way to go. Be careful because many adjusters will attempt to have you release more of your medical records than necessary to prove your injury claim.

When you present evidence about your injuries, the law requires the adjuster to make an offer. Be assured that more than their opening offer is needed. It would be best if you negotiated until they presented a fair offer. If you attempt to navigate the legal process independently, the adjusters will take advantage by offering a low amount.

  1. Motorcycle Property Damage Lawsuit

California law allows you to receive compensation for lost property during a motorcycle accident. It includes the costs of repairing and replacing any personal property, including your motorcycle.

You must, however, prove your property damage. To do so, you must present a repair estimate from a repair shop. When the repair costs exceed the initial cost of the motorcycle, the law considers it totaled. Instead of proceeding with the repair, you will receive an offer for the bike.

The Legal Process of Filing a Motorcycle Accident Lawsuit in California

Although many motorcycle accident cases end outside the court, some proceed to the court. You want to understand how the legal process involving the motorcycle accident proceeds in California. The following are the legal steps you should follow when filing a motorcycle accident lawsuit:

  • Filling a Lawsuit

The process begins when you file a lawsuit. In the claim, you lay out your legal claims. The claim is served on the other party believed to be at fault for the accident. The involved party is known as the defendant. The court gives the defendant one month to respond to the claim and explain what happened during the accident.

  • Discovery

The second step is discovery. The involved parties collect information about the accident, the damages, and the facts surrounding the accident. The information includes medical records, bills, and other information about the accident.

Also, the court will allow witnesses and live testimony to be involved in this stage. The court recommends that the victim undergo a medical examination at the other party's expense. Accident reconstruction experts are hired to help determine the possible cause of the accident.

  • Filing Motions

The lawsuit may include filing motions with the court after or during discovery. The two parties can file the documents and resolve particular issues before the case moves to trial. It ensures all the issues are dealt with regarding the accident. Remember, every issue is important and can greatly impact the outcome of your case.

  • Trial Scheduling

Next, the court will assign trial dates where the involved parties must be present. The dates are usually between 12 and 18 months. You can consult your attorney to ensure you file the lawsuit within the required time frame. It will help you recover your compensation.

  • Pretrial Conference

After the claim is officially underway and the court sets a trial date, many judges recommend the involved parties settle their claim before the case proceeds to trial. The process is known as a "pre-trial conference." The process gives the responsible party enough time and an opportunity to discuss and negotiate with you about the settlement.

  • The Trial

When the parties disagree on their settlement and decide to move to trial, the law requires them to appear in court as scheduled. As the victim, you must prove before the court that the other party is responsible for the motorcycle accident. Also, it would be best to show the injuries you sustained in the accident.

The case may last for days or weeks, depending on the number of witnesses and experts called to testify. A panel of jurors or judges will determine the case's fault and worth. Although your attorney will develop a solid case to receive fair compensation, the jurors and the judge may have differing views on the amount of compensation and award they think is appropriate.

  • Settlement

The case can be settled at any stage, whether at the earliest stages of litigation or during the trial. To ensure you resolve the lawsuit, the terms of the settlement must be accepted by the involved parties. Although settlement can be expensive, it also requires time for the involved parties to present evidence.

There are always several rounds of negotiation until both parties agree on a figure. When the parties agree to settle the claim, the law will require you to sign a settlement to declare the case closed and that you are ineligible to claim further damages in the future.

So, you want to work with a motorcycle accident attorney to ensure you obtain fair compensation. The attorney will help address both future and current injuries. Remember, after settling the case, you will never pursue further claims to seek compensation.

How Being Partially at Fault Will Affect Your Motorcycle Accident Lawsuit

In California, the law allows the injured victim to collect awards depending on the percentage of fault. So, you can receive compensation even if you played a role in causing the accident. Your negligence cannot prevent you from suing the other at-fault party. When two negligent people injure each other in a motorcycle accident, their respective awards are reduced since they are comparatively negligent. The law considers this a comparative fault.

What to Include in Your Motorcycle Accident Lawsuit

You want to file a motorcycle injury claim as soon as possible. The statute of limitations gives you a deadline of two years. You begin counting the deadline from the accident date. When you sue before the deadline expires, you may receive the following compensation benefits:

Medical Benefits

Medical benefits include all costs of medical care resulting from the motorcycle accident. It includes tests, therapy, doctor's appointments, future medical treatment, prescriptions, drug costs, etc.

Lost Wages

You receive an award that creates compensation for lost wages if the motorcycle accident caused you to miss work. Again, you receive income replacement benefits when the motorcycle accident causes you to lose your job. The compensation may be a percentage of your income.

Pain and Suffering

Pain and suffering include past and future physical pain, loss of enjoyment, mental suffering, inconvenience, anxiety, grief, disfigurement, humiliation, and emotional stress suffered after the motorcycle accident.

Loss of Consortium

If the motorcycle accident caused you to lose your spouse or partner, you want to include it in your lawsuit. You will receive compensation for the loss of a companion.

Wrongful Death

You can file a wrongful death claim if your loved one has been a victim of an accident that led to death. The right to sue for wrongful death covers grandchildren, spouses, children, domestic partners, and other close relatives. The damages available in a wrongful death claim include the following:

  • Burial and funeral expenses.
  • Lost income the deceased victim could have earned.
  • Compensation for the victim's companionship and support.

What You Require To support your motorcycle Accident Lawsuit

You require evidence when filing a motorcycle accident lawsuit. A motorcycle accident attorney can help you with the claim. Again, you can use the following pieces of evidence to support your motorcycle accident claim:

  • Medical Records

Medical records refer to bills from the medical providers and receipts for diagnoses resulting from the motorcycle accident. For instance, when you have a head-on motorcycle collision, you may suffer severe injuries like a traumatic brain injury. You may want to have a medical expert examine your condition. Again, you require treatment, physical therapy, and medication. You want to include all the records and follow-up visits to prove the seriousness of your injury.

  • Police Report

Police reports show the at-fault party was involved in the collision. It also includes photos of the motorcycles during the accident. Again, the report describes the insertion of the accident, motorcycle damage, and factors that resulted in the accident, like speeding, weather conditions, etc. Your attorney can use the police report to file your claim and determine liability when dealing with the insurance company.

  • Repair Estimates

You want to use a receipt showing the value of your motorcycle gear and personal items to support your lawsuit. The insurance adjuster may evaluate your motorcycle's value. When the repair costs exceed your bike's value, the insurance adjuster may declare your motorcycle totaled.

The insurance company will examine all your documents and calculate the amount to pay out. With the help of a lawyer, you can negotiate with the company until you reach a fair settlement.

What Should You Do After a Motorcycle Accident to Increase Your Chances of Obtaining Fair Compensation?

When you suffer injuries in a motorcycle accident, you have the right to seek fair compensation. An injury lawsuit can help you obtain the justice you deserve. However, the legal process is complex. Below is a guideline on what you should do to ensure you receive the compensation you deserve:

Seek Medical Attention

After a motorcycle accident, you want to seek medical attention for the injuries you suffered. All your injuries will be taken care of when you visit the doctor. Remember, some injuries do not reveal themselves immediately, so you want to see the doctor even when you think you are not injured. When you fail to seek medical attention, the court will assume you were not injured during the accident. Remember, this can negatively affect your claim.

Gather Information About the Accident

After a motorcycle accident, you want to seek information about the accident. You want to gather a lot of information, like the other driver's name, license plate number, motorcycle make, model, color, etc. Again, you want to interview witness information.

Do Not Admit Fault

After the accident, do not apologize for your party, even when at fault. You do not want to admit fault. Remember, admitting fault may be used against you in court, and you lose the claim. The worst is that admitting fault means you lose your lawsuit.

But the law allows you to express sympathy to others after the accident. It is okay to say that you hope the victim recovers quickly or that someone is not hurt. Be careful about what you say to avoid admitting fault.

Contact Your Attorney

A well-skilled motorcycle accident attorney can help you navigate the legal process. If you are involved in an accident and need legal help, ensure you speak with someone prepared to help you. The attorney will do more than advise you. You also want to learn more about how motorcycle accident lawsuits work in California. A motorcycle accident attorney will do all this.

Obtain a Police Report

You want to contact law enforcement officers immediately after the motorcycle accident. When the police officers arrive, they record details about the accident. After recording the details, they will write a report.

Again, you must pick the law enforcement officers' contacts or business cards. You will contact the office to obtain a copy of the police report. The police report helps you file a successful claim. You want to contact a motorcycle accident lawyer with many years of experience to help you.

Factors That Can Affect the Likelihood of Obtaining Fair Compensation in a Motorcycle Accident Case

Motorcycle accidents are common across the USA. However, not every victim of an accident receives compensation for the injuries and damages they suffer. The following factors can increase the likelihood of suffering a severe motorcycle accident:

Whether You Had A Helmet

The law in California requires both the rider and the passenger to use a helmet. Law enforcement officers can ticket the rider if the rider and the passenger do not have helmets. Failure to wear a helmet increases the chances of suffering a brain injury. Also, failure to use the helmet increases your odds of dying by 37%. So, if you suffer injuries in the accident, the judge will consider whether you have a helmet.

Whether You Were Impaired

Another obvious factor affecting the motorcycle accident lawsuit is whether you were riding the motorcycle while under the influence of alcohol or drugs. According to the Insurance Institute for Highway Safety, 25% of motorcycle accident fatalities result from impaired riding. Therefore, if the law finds that you were riding the motorcycle with a blood alcohol content above the limit, this might affect your compensation claim.

Whether You Have a Valid License

The law requires all motorcycle riders in California to have a valid license while operating their bikes. As per the IIHS, around 25% of motorists in an accident use their motorcycles without a license. So, your compensation could be affected when you are involved in an accident and operate your motorcycle without a license. Ensure you speak with your attorney immediately and let them know you were involved in the accident without a license.

How Long Will a Motorcycle Accident Lawsuit Take?

A motorcycle accident lawsuit can take several months or even years to resolve. Many insurance lawsuits are handled within months, especially when only a few parties are involved. The law requires the insurance company to respond to the claim within two weeks of receiving the lawsuit. After your attorney submits the evidence, the insurance company must deny or accept the claim within 40 days. The provided deadline ensures your case is answered.

When the insurance company responds to your claim, your attorney can begin negotiations with the company. The process can go on for additional weeks. The process ends after you agree to the settlement or enter into litigation. Litigation is usually common when the insurance company fails to offer fair compensation.

Contact a Motorcycle Accident Attorney Near Me

If you are involved in a motorcycle accident in California, you want to know that the insurance company is not on your side. Therefore, you want to work with a motorcycle accident attorney with the experience needed to ensure you obtain the best settlement outcome in your case.

At The Personal Injury Attorney Law Firm, our attorneys have experience negotiating motorcycle accident lawsuits and representing victims in court. We are here to work with you if you seek our services in California. Contact us at 800-492-6718 and speak with one of our competent attorneys.