Maison Law Accident & Injury Lawyers of Modesto can help you if you’ve been hurt in a motorcycle accident. When you’re facing injuries, everything becomes more challenging. That’s where our team can step in, taking care of the legal side of things and allowing you to focus on your recovery. To get started, contact us today for a free consultation.
Do You Need to Have a Lawyer?
Like any injury claim in California, you don’t technically need a lawyer if you’ve been involved in a right hook style motorcycle accident. Hopefully, your injuries are only minor in nature. That said, given the typical nature of these accidents, it’s likely that you’re looking at extensive injuries and other damage. If you fit this description, having our experienced legal team on your side can certainly help.
We can investigate what happened, help you gather evidence, then guide you through the claims process if you decide you want to move forward. We want to make things easier for you, and we work on a contingency-fee basis, meaning there’s no upfront cost for you when it comes to our services.
What is the Claims Process After a Motorcycle Accident?
Facing a right hook motorcycle accident is scary and obviously something that you don’t want to go through. However, when you’re in one, it gives you certain legal options–namely the ability to file an injury claim for damages against whoever’s responsible.
Generally, you do this by filing either:
- An insurance claim
- A personal injury lawsuit
Procedurally, both options are fairly similar. Once the claim is filed, it officially starts the legal process and will either wind through the insurance claims process outside of court or through the court system when you file a lawsuit. At that point, it’ll be up to you (through our team) to gather and present your evidence for damages.
These differ from case to case, but generally includes the following:
- Coverage for medical expenses stemming from the accident.
- Financial considerations for lost income caused by the accident.
- Assistance for the physical pain and emotional distress endured due to the accident.
- Reimbursement for repairing or replacing any property damaged in the incident.
- Support for the decreased quality of life or loss of companionship resulting from the accident.
The actual amount of your damages hinges on the specific case details, namely the severity of injuries and your level of fault in the accident. Additionally, it’s crucial to follow California’s statute of limitations for injury claims, which puts a two-year deadline from the date of the accident. Missing this deadline means you can’t file a claim.
Who Pays For Your Damages in a Motorcycle Accident?
A major question you’ll have to answer after your motorcycle accident is who pays for your damages. In legal terms, this is known as liability, and it’s established by showing negligence. Negligence can sometimes be difficult to pin down, especially in a motorcycle accident, but the legal standard is the:
- Failure to act in a reasonable way that keeps others safe.
When there’s a right hook motorcycle accident, negligence usually involves:
- Not checking blind spots
- Failure to check mirrors
- Misjudging speed
- Being distracted
- Inexperience
- Poor road conditions
- Failing to yield
- Trying to make an illegal turn
- Limited visibility
- Lack of awareness
With that, it can narrow things down considerably. However, like any motorcycle accident, it’s not just the driver that hit you who could be held liable. Other liable parties could include:
- Other motorcyclists or drivers
- Pedestrians
- Vehicle or parts manufacturers
- Local government agencies
Remember, your actions during the incident also impact liability. Legally termed as “comparative negligence,” it says that even if you partly contributed to the accident, you could still qualify for damages. However, the amount you receive might decrease relative to your degree of fault.
How Hurt Can You Get in a Right Hook Motorcycle Accident?
Every motorcycle accident is different, even ones that happen for similar reasons like right hook accidents. Yet, injuries are normally universal in a motorcycle accident because there’s a relative lack of protection against both a moving vehicle and impact with hard surfaces and pavement. All of this adds up to you getting hurt, sometimes seriously. Here’s some of the ways you could be hurt in these accidents:
- Cuts and bruises – These may include bruises, abrasions, and minor cuts.
- Soft tissue damage – Whiplash, strains, and sprains can occur, leading to pain and discomfort in your neck, back, and limbs.
- Broken bones – Impact from the accident can cause broken bones, such as fractures in the arms, legs, wrists, or ribs.
- Head injuries – These accidents frequently cause Traumatic brain injuries (TBI) or concussions if your head strikes the ground or another object. Even with helmets, head injuries can occur, though helmets significantly reduce the severity in many cases.
- Spinal injuries – Severe impacts may result in spinal cord injuries, leading to partial or complete paralysis.
- Internal injuries – Blunt force trauma can cause internal injuries to organs like the liver, spleen, or kidneys, which usually needs immediate medical attention.
- Road rash – Sliding along the pavement can cause extensive skin abrasions, known as road rash, which can range from minor to severe depending on the speed and duration of the slide.
- Emotional trauma – Being involved in a motorcycle accident can also lead to emotional distress, such as post-traumatic stress disorder (PTSD), anxiety, or depression.
- Death – In the worst-case scenario, a right hook motorcycle accident can result in fatalities, especially if you’re thrown from the motorcycle or crushed by the impacting vehicle.
No matter what injuries you have, it’s the insurance company that decides on the value of your claim. Since this affects the financial assistance and benefits you’ll receive, it’s crucial to do what you can to make sure your claim is solid.
How Can You Solidify Your Claim?
Unfortunately, just having the right to file an injury claim isn’t a straight line toward recovery. One of the most frustrating aspects of the legal process is that an insurance company, regardless of their level of liability, is going to do anything it can to reduce the value of your claim. So, it’s on you to take steps to solidify it. Here’s a few ways you can do that:
- Get medical help – Seek medical help immediately and keep records to link injuries to the accident for insurance or legal claims.
- Gather information – Get contact and insurance details from everyone involved so you can have a starting point for filing your claim.
- Collect evidence and document the scene – Take photos or videos of the accident scene and any motorcycle damage to support your case.
- Wear safety gear – Always use proper safety gear and follow road laws to maintain your safety and strengthen your claim.
- Don’t admit fault – Avoid admitting fault or apologizing, as it could impact your case. Be careful when dealing with insurance companies. Also, don’t post about the accident on social media.
Remember, your claim is going to differ from everyone else’s. That’s where our team can provide personalized guidance and tailored support, making sure you have what you need to put together a strong claim.
Dedicated Right Hook Motorcycle Accident Lawyers in Modesto
When you’re in a right hook motorcycle accident in Modesto, our dedicated lawyers at Maison Law Accident & Injury Lawyers of Modesto will be there to help you. We can explain the legal process, then guide you toward recovery. If you or a loved one have been in one of these accidents, contact us today for a free consultation.