Modesto Motorcycle Accident Lawyer
Maison Law Accident & Injury Lawyers of Modesto represents motorcycle accident victims across the city. Riding a motorcycle is very popular in the area, given the climate and scenic routes, but that also means accidents. Our personal injury lawyers can support your recovery if you get hurt in one of these accidents. Contact us today to set up a free consultation to learn more.
When Do You Need a Lawyer?
Strictly speaking, you don’t need a lawyer after a motorcycle accident. There’s no law in place that says so. More to the point, if you were in just a minor accident, you probably don’t need to worry about taking legal action.
Unfortunately, many motorcycle accidents leave you with more serious injuries, and that usually means you need further help.
Here’s what we can do:
- Firstly, we’ll thoroughly investigate your accident to determine who might be responsible and where financial support could come from.
- Then, we’ll gather and analyze evidence to strengthen your case and handle all legal communications to protect your interests.
- We’ll negotiate with insurance companies to secure a fair settlement offer, and if needed, we’ll prepare for court.
Additionally, we can help you find the right doctors and experts to aid in your recovery. After a motorcycle accident, the physical and emotional toll can be huge. Our goal is to take the legal burden off you and your family, allowing you to focus on healing. Once we’ve determined who is responsible, we’ll proceed accordingly.
What’s the Claims Process in a Motorcycle Accident?
Every accident is different, with its own circumstances and process. That said, there are some general guidelines when it comes to the claims process. Basically, you start the process when you either:
- File an insurance claim
- File a personal injury lawsuit
The main difference is that an insurance claim is outside of court, meaning it’s much less formal. It can give you quicker access to financial support through a settlement, but the insurance company decides how much to give you. Most of the time, they give you less than what you need. At that point, you can either accept it and close the process, or file a lawsuit inside the court system.
A lawsuit, as you might expect, requires much more of your time and effort. We handle all the filings and hearings, but it gives you the opportunity to recover much higher financial considerations, called “damages.” A judge and jury will ultimately decide the final amount, but usually they’re built around your:
- Medical expenses
- Lost wages or earning potential
- Pain and suffering
- Emotional distress
- Repair/replacement costs for damage to your motorcycle or other property
- Loss of companionship or quality of life
- Wrongful death expenses
Who pays for my damages?
Figuring out who pays for your damages means establishing liability, which relies on proving negligence. This involves showing that someone else caused the accident and your injuries.
Various parties could potentially be liable for the accident, including:
- Other drivers involved
- Government agencies responsible for road maintenance
- Manufacturers of faulty parts
- Property owners
- Passengers
- Pedestrians
- Third parties, like repair shops or construction crews
Additionally, comparative negligence is a factor to consider, meaning if you share some responsibility for the accident, the amount of damages you receive may be reduced based on your degree of fault.
Understanding that your actions and the available evidence will be carefully reviewed to determine fault is crucial. Your actions while riding, like speeding, riding under the influence, distractions, not wearing protective gear, or aggressive maneuvers, can all influence your amount of damages. So, it’s important to understand what caused your accident and what you can do to strengthen your claim.
What Causes Motorcycle Accidents?
Riding a motorcycle is undeniably thrilling, but it’s also fairly easy to see how risky it is. They’re designed to go fast with ultimate maneuverability. However, while that’s true, it doesn’t mean that you have to accept being in an accident, especially if it was caused by someone else. Most of the time, motorcycle accidents are caused by:
- Intoxicated drivers – Drivers under the influence of alcohol or drugs are a significant danger.
- Distracted drivers – Like in many places, drivers distracted by texting or other activities pose a threat to motorcyclists.
- Road conditions – Potholes, uneven surfaces, and poorly maintained roads increase the risk for riders.
- Weather conditions – Thunderstorms, high winds, and slippery roads can create hazardous riding conditions.
- Construction areas – Roadwork can lead to uneven surfaces and changing traffic patterns, adding to the danger for motorcyclists.
- Intersection accidents – Riders are at higher risk at intersections, especially when other drivers fail to yield.
- Left-turning vehicles – Cars and trucks turning left can cause accidents if they don’t see or misjudge the speed of a motorcycle.
- Right-hook accidents – These happen when a vehicle tries to make a right turn, but doesn’t see you in the lane beside them.
Strengthening your claim
With such threats of accidents, coupled with the damage that can result from them, it becomes clear that you have to do what you can to strengthen your claim. To do that, you should make sure to:
- Get to safety – First things first, get to a safe spot on the road. Usually, this means moving off to the side. Once you’re safe, call 911 to report the accident.
- Gather evidence – Collect photos of the accident scene, vehicle damage, witness statements, and relevant documents to support your case.
- Get medical care – It’s essential to link your injuries to the accident, so get immediate care from EMS and follow up with your doctor or at an urgent care or the ER.
- Keep records – Maintain copies of important documents such as medical records, bills, and repair estimates related to the accident.
- Be cautious – Be cautious when communicating with insurance companies and consult with our lawyers before providing detailed statements. Also, try to steer clear of posting about the accident on social media.
- Cooperate with any investigations – Fully cooperate with police and insurance investigations, providing accurate information while keeping it simple.
Any actions you take–or don’t take–after the accident is going to factor into the claims process. Basically, once an insurance company gets involved, they’ll look for any way they can to reduce your payout. So, taking these steps are important, but they have the added benefit of safeguarding your health on top of your claim.
FAQs
Can I file a claim if I’m not wearing a helmet?
Yes, you can still file an injury claim even if you’re not wearing a helmet. Remember though, not wearing a helmet will probably factor into your damages because of comparative negligence.
Is there a statute of limitations on my claim?
Yes. You usually have a two-year window from the date of the motorcycle accident to file a claim. It’s crucial to act promptly to ensure you meet this deadline.
Can I file a claim without a lawyer?
Yes. There’s no legal requirement in California that says you need to have a lawyer. However, not having one could mean your case won’t be as strong.
Get Your Questions Answered After a Modesto Motorcycle Accident
Even though a motorcycle accident is the same as any other in the eyes of the law, there’s some very real differences for you and your family. Namely, the injuries and other damages you face when you’re in one of these accidents is going to bring a lot of questions.
At Maison Law Accident & Injury Lawyers of Modesto, we can answer those questions. We’ll explain the legal process and what you need to do to make sure you can recover from your injuries.
To learn more about our process, contact us today to set up a free, no-obligation consultation.