Maison Law represents injury victims in motorcycle accidents throughout Turlock.
Riding a motorcycle comes with its share of risks, even if you follow the law and do things like wear a helmet and other safety gear. One of the most common causes of motorcycle accidents is when a vehicle merges into your lane. To learn more about your legal options and how our team can help you in this situation, contact us today for a free consultation.
Do You Even Need a Lawyer?
There’s no legal requirement in Turlock or anywhere else in California that says you need a lawyer. In fact, if your accident is minor, you probably don’t even need to worry about taking legal action. At the same time, any motorcycle accident is likely to leave you facing serious injuries, particularly if a car sideswipes you while merging into your lane.
Basically, the more hurt you are, the more help you’ll need. Our team at Maison Law can help you in this situation by investigating the accident, explaining your options, helping you with evidence, and just simply making things easier.
What Should You Do After a Motorcycle Merging Accident?
While a merging accident is fairly common, it doesn’t change what you need to do after the accident itself. Like any other accident, the strength of your claim is going to rest on the evidence and the actions you take. To that end, there are specific actions you must take immediately after the accident to safeguard and strengthen your claim. Here are some key points to consider:
- Get medical help – Call 911 or go to the nearest hospital if injured, even if you feel okay. Some injuries might not show immediately.
- Report the accident – Contact the police once safe. They’ll handle the situation.
- Exchange information – Share contact, insurance, and vehicle details with the other involved party. Get witness information too, if possible.
- Document the scene – Take photos and videos of the accident, vehicles, and injuries for evidence.
- Inform your insurance – Let your insurance know about the accident promptly with accurate details.
- Keep evidence – Save all accident-related documents like medical bills and repair estimates. Don’t fix or change anything until needed.
- Be careful with statements – Avoid discussing the accident with the other party’s insurance. If needed, share only necessary details. Don’t talk about it on social media.
- Follow doctor’s orders – Stick to the treatment plan advised by your doctor and attend appointments for recovery.
What Can Happen in a Merging Accident?
Again, a merging accident is one of the most common types of motorcycle accidents. It’s not difficult to see why: when you’re on a motorcycle, you have a much lower profile and visibility available to drivers in cars and other vehicles.
This often leads to accidents when these drivers switch lanes. This, in turn, can lead to several different outcomes:
- Collisions – The most common outcome is a collision between the motorcycle and another vehicle. This can result in varying degrees of damage to both vehicles and potential injuries to you and occupants of the other vehicle.
- Injuries – As a motorcyclist, you’re particularly vulnerable in accidents due to their lack of protection compared to occupants of cars or trucks. In a merging accident, you could be facing injuries such as fractures, road rash, head injuries, spinal cord injuries, or even death.
- Lane change errors – Merging accidents often occur due to errors in judgment or lack of awareness when changing lanes. This can lead to sideswiping, rear-end collisions, or your motorcycle being forced off the road.
Liability and Damages in a Merging Accident
Determining the strength of your case following a motorcycle accident hinges primarily on establishing liability and evaluating the circumstances surrounding the incident. In legal terminology, this concept is referred to as “liability,” which revolves around the principle of negligence. Central to liability is demonstrating negligence, indicating that someone else’s actions caused the accident, resulting in your injuries. In motorcycle accidents, negligence typically encompasses four key elements:
- The individual or entity has a duty to ensure your safety and prevent harm.
- They breached this duty by failing to fulfill their responsibility.
- The breach of duty directly contributed to the motorcycle accident.
- The accident resulted in injuries and other losses.
In a merging accident, the driver that hits you is going to bear most of the liability, since their actions are going to be the direct cause of your injuries. At the same time, there’s a few other parties that could share liability in these accidents:
- Other drivers
- Pedestrians or other motorcyclists
- Car or part manufacturers
- Government agencies or road crews
You can also share some liability. In California, there’s a rule called comparative negligence. This means if you were partly at fault for the accident, the amount of damages you can get from a claim might be reduced.
Damages
Every motorcycle accident in Turlock is different, so the injuries can vary in how bad they are. But any injury can affect your life in a big way. That’s why it’s important to make sure you get all the help and benefits you can.
In an injury claim, you can ask for “damages” to cover things like:
- Medical bills and other expenses – These cover the cost of surgeries, emergency care, treatment, and ongoing medical needs.
- Property damages – This category of damages helps repair or replace your motorcycle or other damaged personal belongings.
- Lost income – You can get financial support to make up for income you lost because you couldn’t work due to your injuries.
- Loss of quality of life – This is support for how the accident affects your ability to enjoy life as you did before. It also includes damages for harm to personal relationships.
- Pain and suffering – This is for the physical pain and suffering caused by the accident.
- Emotional distress – These damages are for the emotional and psychological impact of the accident.
These damages vary from case to case, and what you can get depends on the evidence you have and how well you present it. To claim these damages, you must file within two years of the accident in California. After that, consider working with our team to ensure you get the full extent of what you’re owed.
Contact Maison Law After a Motorcycle Accident
Being in a motorcycle accident caused by another driver merging into your lane can totally change your life. While you probably understand some of the risks associated with riding a motorcycle, other drivers still have to respect your space. At Maison Law, our Turlock motorcycle accident lawyers will be there to help you through the legal and recovery process. To get started, contact us today for a free consultation.
