Maison Law represents motorcycle accident victims throughout Dinuba. Motorcycling is popular in our area due to the favorable climate and scenic routes, but this also means accidents are common. If you’ve been injured in a motorcycle accident, our Dinuba personal injury lawyers are here to support your recovery. Contact us today for a free consultation.
Do You Need a Lawyer?
You don’t always need a lawyer after a motorcycle accident, especially if it’s minor. However, the vast majority of these accidents result in serious injuries where you would probably need the guidance and experience of our lawyers. So, if you’ve been in a motorcycle accident, here’s how we’ll help you:
- Accident investigation – We’ll investigate your accident to find out who’s responsible and identify sources of financial support.
- Gathering and putting evidence together – We’ll collect and analyze evidence to strengthen your case and handle all legal communications.
- Negotiating with insurance companies – We’ll negotiate with insurance companies for a fair settlement and prepare for court if necessary.
- Making things easier – More than anything else, we strive to make the process easier for you and your family. We worry about the legal side of things while you focus on getting better.
A motorcycle accident can take a big physical and emotional toll. But there’s also the financial aspect. We take pride in offering our services with no upfront cost to you. From there, though, it’s up to you to decide how you want to move forward.
How Do You Strengthen a Motorcycle Accident Claim?
There’s any number of things that can lead to a motorcycle accident, from a pothole in the road to a driver that’s not paying attention. But no matter what causes your accident, it’s up to you to show how much it has harmed you. This means taking steps to strengthen your potential claim by:
- Get out of traffic – If you’re able, move to a safe spot on the side of the road. Once you’re safe, call 911 to report the accident.
- Get medical attention – Seek immediate medical attention from EMS at the scene and follow up with your doctor, urgent care, or the ER to link your injuries to the accident.
- Gather evidence – Take photos of the accident scene and vehicle damage. Collect witness statements and relevant documents to support your case.
- Keep track of your damages – Maintain copies of important documents such as medical records, bills, and repair estimates related to the accident.
- Be careful when talking about the accident – Be careful when communicating with insurance companies. Consult our lawyers before giving any detailed statements and avoid posting about the accident on social media. They’ll be looking to use anything you say against you.
- Cooperate with investigations – This goes without saying, but cooperate with police and insurance investigations, providing accurate and straightforward information.
While it’s very important to take these steps, it’s very likely that your injuries will make this very hard–or potentially impossible. That’s where you can lean on our team for help. But an even more important process is figuring out who’s going to pay for your damages.
Who Pays For Your Damages in a Motorcycle Accident?
Every motorcycle accident is going to be unique, at least in terms of the circumstances and what caused it to happen. Along the same lines, these same circumstances are going to go a long way into figuring out who’s liable–or legally responsible–for paying for your injuries and damages when you make a claim.
In legal terms, this is going to require you to show negligence on the part of the responsible person or party. As it relates specifically to your motorcycle accident, this means showing:
- Duty of care – The party responsible for the motorcycle accident had a duty to operate in a reasonably safe manner.
- Breach of duty – This party breached their duty of care by acting negligently.
- Causation – The breach of duty caused the motorcycle accident, resulting in your injuries.
- Damages – You must show a causal link between the accident and your injuries or other damages.
Depending on the circumstances of your motorcycle accident, several parties could potentially be liable:
- The driver of the vehicle that hit you
- Another motorcyclist
- The manufacturer of the motorcycle or its individual parts
- The government agency responsible for road maintenance or signs
Again, establishing liability is a huge benchmark for your case. It not only tells you who you’ll be going up against, but also who will be responsible for paying for the things you need to be able to make a recovery. In order to actually get damages, though, you have to file a claim.
What’s the Legal Process Like After a Motorcycle Accident?
Filing an injury claim is the main legal protection you have against being injured in a motorcycle accident. In fact, you could argue that it’s the most important step in terms of you making a recovery. That said, while every accident is different, there’s a general legal process that every claim is going to follow.
So, you basically have two options for filing an injury claim: an insurance claim or a personal injury lawsuit.
Procedurally, the insurance claim is usually the first step, with the accident being investigated and evaluated by the liable party’s insurance company. Then, they will offer you a settlement. If you accept it, the claims process is over. However, many insurance companies know this going in, so they’ll try to give you a low offer hoping you’ll take it. If the offer is too low, the next step is filing a lawsuit. Filing a lawsuit takes much more time and effort, but also offers the potential for greater rewards. Being that it’s a formal legal action, our team will represent you in court. The main point is recovering certain “damages” from the responsible party, which might include things like:
- Medical expenses – These are costs for doctor visits, hospital stays, surgeries, medications, physical therapy, and any other medical treatments you need because of the accident.
- Lost wages or earning potential – This is for any income or wages you lose if you can’t work while recovering from your injuries, as well as any future income you might miss out on if you can’t return to your job or have to take a lower-paying job.
- Pain and suffering – These damages cover the physical pain and discomfort you experience as a result of the accident.
- Emotional distress – Similarly, these damages are for the mental and emotional impact of the accident, such as anxiety, depression, and trauma.
- Property damage – These damages are for fixing or replacing your motorcycle and any other personal items damaged in the accident.
- Loss of companionship or reduced quality of life – These damages give you financial support for changes in your relationships or enjoyment of life due to your injuries, such as not being able to participate in activities you once enjoyed.
- Wrongful death expenses – These cover any costs associated with the death of a loved one in the accident, including funeral expenses and loss of financial and emotional support.
While these damages are going to be available to you once you file a claim, what you’re ultimately able to recover depends on how hurt you are and how well you present your case. Then, there’s the procedural hurdle of California’s statute of limitations. You have two years from the date of the accident to file your claim. Miss this deadline and you won’t be able to make a claim at all.
Can You Avoid a Motorcycle Accident?
You obviously never want to be in a motorcycle accident. That said, the majority of things that cause them have nothing to do with you and are unfortunately out of your control. So, while it’s not always possible to avoid a motorcycle accident, there are a few things you can do to at least reduce the chances that it’ll happen to you:
- Always wear safety gear – Always wear a DOT-approved helmet and protective clothing like leather jackets, pants, gloves, and boots.
- Increase your visibility – Wear bright or reflective clothing, and use your headlights and turn signals to make yourself more visible to other drivers.
- Follow the law – Obey speed limits, signal for turns, stay in your lane, and be aware of your surroundings.
- Stay aware of your surroundings – Watch for potential hazards, such as cars turning left in front of you, and be cautious when passing or being passed by other vehicles.
- Check your motorcycle routinely -Regularly check your tires, brakes, lights, and fluids to ensure your motorcycle is in good working order.
By following these precautions, you can reduce the risk of accidents and enjoy a safer riding experience in Dinuba. However, remember that motorcycle accidents can still result in a wide range of injuries. When this happens, you can turn to our team for legal guidance.
Contact Maison Law After a Dinuba Motorcycle Accident
When you find yourself in a motorcycle accident in Dinuba, you’re probably facing significant injuries and other losses. At Maison Law, we’ll be there to help you through the legal process. You can count on our team’s experience and guidance to help you get better. If you or a loved one have been injured in a Dinuba motorcycle accident, contact us today for a free consultation.
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