At Maison Law Accident & Injury Lawyers of Modesto, our skilled motorcycle accident lawyers are here to help when you’re hurt in an accident. Virtually everywhere on the road poses risks and dangers, but none more than an intersection. When you’re injured because someone else wasn’t careful, contact us today for a free consultation to learn more about your options.
Do You Even Need a Lawyer?
At least in legal terms, a motorcycle accident isn’t all that different from any other type of accident where you get hurt. In reality, though, motorcycle accidents are often much different, especially when it comes to how badly you can get hurt in one.
But whether or not you need a lawyer depends on your situation. You probably don’t even need a lawyer if your accident is minor. That said, trying to go it alone can reduce your chances of getting full and fair financial support. Worse, injuries from a motorcycle accident often bring significant medical and financial challenges, so it’s beneficial to work with our team.
Our experienced Modesto motorcycle accident lawyers can:
- Investigate your claim and find all responsible parties.
- Collect and analyze supporting evidence.
- Handle all legal communication.
- Negotiate with insurance companies.
- Prepare for trial if needed.
- Connect you with doctors and specialists.
Motorcycle accidents can be physically and mentally traumatic. We want to make the process easier for you and your family.
Who’s Liable in a Motorcycle Accident at an Intersection?
Intersections are incredibly busy anywhere, but especially in Modesto. And while this is among the most common places where a motorcycle accident can happen, everyone of these accidents are unique. The starting point, though, is figuring out who’s legally responsible for:
- Causing the accident
- Paying for your damages
Both of these things are closely related, but could still use some spelling out. The legal standard for establishing liability–or the legal responsibility for paying for your damages–comes down to showing “negligence.”
In the context of a motorcycle accident, this involves looking at what led up to and then caused the accident itself. At an intersection, this could include things like:
- Drivers not paying attention due to phones, passengers, or other factors.
- Drivers trying to beat the light or missing the signal.
- Driving too fast through intersections without enough time to react.
- Impaired judgment and reaction times from drugs or alcohol.
- Difficulty seeing due to bad lighting or obstacles.
- Not giving the right of way to other vehicles or pedestrians.
- Potholes, uneven surfaces, or slippery roads causing loss of control.
- Broken or malfunctioning street lights or lack of signage.
All of these things add up to negligence, but in terms of who’s ultimately liable, it could fall on multiple of the following:
- The driver who hit you.
- The maker of your motorcycle.
- The city or agency responsible for road maintenance.
- The company that’s responsible for making or maintaining street lights.
- A construction company, if it happened in a construction zone.
- A pedestrian who shouldn’t have been in the intersection.
The reason that liability is important is that it effectively sets the course of your claim. It tells you who you’re filing against, and more importantly, who has to pay for your damages.
What Are Your Damages in a Motorcycle Accident Claim?
When you’re in a motorcycle accident at an intersection, you’re probably facing at least minor injuries. Then, you have to think about the probable damage to your motorcycle and any gear you have with you. And an often overlooked part of a motorcycle accident is the emotional and psychological trauma that can result from it.
California law attempts to take all this into account when giving you the chance to file an injury claim for “damages.” You can do this either by:
- Filing an insurance claim
- Filing a personal injury lawsuit
Generally, you can recover the following damages in such a motorcycle accident:
- Medical bills – These are all the costs for your medical care after the accident. It covers things like staying in the hospital, surgeries, seeing doctors, getting medicine, using medical tools, and any other help you need for your injuries.
- Ongoing care – If you need help getting better after the accident, you might go to physical therapy. These costs include seeing a physical therapist, going to special places for therapy, and using things during therapy.
- Lost wages and earning potential – If you can’t work because you’re hurt, you might get financial support for the time you miss. This includes the money you would have made and any money you might have made later if your injuries make it hard to work for a while.
- Pain and suffering – These are financial considerations for the hurt you feel from the accident. It’s not just about the pain right away but also about any problems or pain that stick around because of the accident.
- Emotional distress – Emotional distress is like mental anguish, but it covers a wider range of feelings like anxiety, depression, embarrassment, or any other emotional damage because of the accident.
- Loss of enjoyment of life – These damages come into play when you can’t enjoy your life the same way as before because of the accident. It includes things like not being able to do your favorite activities or spend time with friends like you used to.
- Loss of companionship – This is when the accident affects your relationships. It might mean you can’t spend time with your family like you used to or get support from your spouse like before.
- Wrongful death – If the accident is fatal, surviving family members might get support to help with things like funeral costs, losing financial support, and missing the companionship and love of their loved one.
These damages vary. What you can get in your accident claim depends on how your accident happened. If your injuries are severe, you might get more in damages. Also, in California, if you’re partly to blame for the accident, your damages get reduced by the same percentage. Then, you also have to file within California’s statute of limitations for injury claims, which is currently set at two years from the date of the accident.
What You Need to Do After a Motorcycle Accident at an Intersection
No matter how careful you are at an intersection, you can still get in a motorcycle accident. Some intersections in Modesto aren’t as busy as others, but may have their own unique things to watch out for. Regardless, there are certain things you need to do if you’re in one of these accidents:
- Stay safe and check for injuries – Move to a safe spot away from traffic and check yourself for injuries. If you’re hurt, call an ambulance. Adrenaline might hide some injuries, so see a doctor later too.
- Call the police – Report the accident to Modesto police or the sheriff’s office. They can respond and help clear the scene. They’ll also help you gather information.
- Record the accident scene – Take photos or videos of the crash site and note the time. This helps with insurance later.
- Talk to any witnesses – Intersections usually have witnesses. If you can, talk to them and get their contact info. Traffic cameras might have caught the accident too.
- Document the circumstances – Look around for what caused the accident, like bushes blocking views or a broken stoplight. Check if the other driver seems impaired.
Knowing what to do after a crash is crucial for any claim you might make. You should also talk to our motorcycle accident lawyers for advice on the specifics and what else you need to do.
Contact Our Experienced Modesto Motorcycle Accident Lawyers
Being in a motorcycle accident at a Modesto intersection is never something you want to happen. So, when it does, you can turn to our team of experienced Modesto motorcycle accident lawyers at Maison Law Accident & Injury Lawyers of Modesto for help. We’ll explain your options and guide you through the legal process. Contact us today to set up your free, no-obligation consultation.