Like other motor vehicle accident cases, hiring a motorcycle accident attorney is not mandatory, but sometimes, it is necessary under certain circumstances. To ensure you make the best decision for your case and recover maximum compensation, there are some factors to assess.
While immediately hiring a motorcycle accident lawyer is not recommended, immediately consulting with one is–and most Kern County law firms offer free consultations with no obligation to hire. However, before finalizing any decisions, consider the following.
7 Things to Know Before Hiring or NOT Hiring a Bakersfield Motorcycle Accident Lawyer
1. Was the Motorcycle Accident Minor?
Less serious motorcycle crashes often involve minimal bike damage and minor to no injuries. For motorcycle accident cases like this, legal action may not be needed. Therefore, hiring a motorcycle accident lawyer will not be needed either.
Property damage cases not involving serious injuries can typically be settled by directly filing a personal injury claim with the insurance company.
However, it is important to note that insurance adjusters do not always fairly compensate claimants, as they are incentivized to protect the company’s best interest over another party’s. This is why it is advisable to have an experienced motorcycle accident lawyer assess a case before making any final decisions.
To prepare for these setbacks, Bakersfield motorcycle accident attorneys can evaluate a case and confirm the fairness of the proposed resolution.
2. Have You Been Offered Non-Economic Damages?
Motorcycle accident victims are entitled to compensation for any financial losses associated with the accident that the at-fault party caused. These are called economic damages and typically include out-of-pocket expenses, like medical bills, loss of wages, and property damage.
While California law allows Bakersfield motorcycle accident victims to seek compensation for non-economic damages, insurance companies often attempt to minimize or avoid paying for these losses.
However, a Bakersfield motorcycle accident lawyer can identify all areas of loss to calculate the true value of motorcycle accident claims. These types of damages may include:
- Pain and suffering (both physical and emotional)
- Disfigurement
- Diminished quality of life
- Other intangible losses resulting from the motorcycle crash
By assessing these factors, an attorney can help ensure that victims receive fair compensation for the full extent of their motorcycle accident injuries and other damages.
3. Are You ALSO at Fault for the Motorcycle Accident?
Because California follows the pure comparative negligence rule, a rider responsible for causing a motorcycle accident in Bakersfield may still recover financial compensation.
However, it will be challenging to maximize compensation–or recover it at all. Insurance companies aggressively seek to place as much blame on injured motorcyclists as possible, ultimately dodging financial responsibility for the motorcycle crash.
While hiring a motorcycle accident attorney is not mandatory, having strong legal representation can significantly enhance the chances of recovering compensation in shared-fault accidents.
Losing a motorcycle accident case not only jeopardizes the right to compensation but may also result in being held liable for damages to the other party.
Experienced Bakersfield motorcycle accident lawyers protect clients’ rights throughout the legal proceedings, ensuring that insurance companies do not evade liability, even in cases where fault is shared.
4. Were You Wearing a Helmet?
A common misconception many injured motorcyclists face is that they cannot file a motorcycle accident claim if they are partially responsible for causing their own injuries, like failing to wear a helmet.
While all motorcyclists in California are required to wear federally approved motorcycle helmets, if the rider was not wearing one at the time of the motorcycle crash, compensation may still be available.
Similar to cases involving two negligent parties, motorcycle accidents with shared fault are subject to comparative negligence laws. The court will assess the accident and allocate a percentage of fault to each party. The compensation awarded will be reduced by the percentage of fault attributed to the motorcycle rider not wearing a helmet.
For example, if a speeding driver is found 80% at fault in an accident resulting in $100,000 in damages, and the motorcycle rider who was not wearing a helmet is found 20% responsible for causing their own injuries, the rider would be awarded $80,000 in compensation.
5. Do You Know the Value of Your Motorcycle Accident Claim?
Each motorcycle accident claim is unique, and its value significantly varies. Insurance companies know that many victims are unaware of this and try to capitalize on it.
The severity of injuries and the associated medical expenses significantly impact the overall value of motorcycle accident claims. Therefore, anyone still undergoing medical treatment or without a detailed estimate for bike repairs or replacement is advised to decline any insurance company proposals.
Unless a legal professional not associated with the insurance company has verified a settlement offer, it is best to avoid contractually or verbally agreeing to anything. Instead, consult with an experienced lawyer in Kern County regarding the motorcycle accident injury claim.
A free case evaluation with a motorcycle accident lawyer will offer valuable insights, ensuring that only a fair settlement is acceptable.
6. Will Your Case Have to Go to Trial?
While many personal injury cases, including motorcycle accident cases, are resolved through negotiations, there are instances where an insurance company refuses to offer a fair settlement.
When this occurs, filing a motorcycle accident lawsuit and proceeding to court may be necessary.
During litigation, both the plaintiff (injured motorcyclist) and the defendant (other involved party) present their evidence and legal arguments to a judge or jury. The court then determines liability and the appropriate amount of compensation.
Having professional legal representation is highly beneficial to the plaintiff during this stage, as the process can be complex.
Additionally, the involvement of an attorney sometimes prompts insurance companies to reconsider their stance, as going to trial can be costly for all parties.
7. Do You Know When Your Filing Date Expires?
In California, the statute of limitations for filing a motor vehicle claim, including a motorcycle accident injury claim, is generally two years from the date of the accident. However, there are exceptions to be aware of.
Motorcycle accidents involving government agencies, such as city vehicles or entities, have a shorter statute of limitations of just six months.
Conversely, if the injury was not immediately discovered, the statute of limitations begins to run one year from the date of discovery, so do not be discouraged if it is believed that the filing period was missed. This is particularly relevant in wrongful death cases.
Regardless of the allotted filing period, it’s important to act promptly, as the strength of a case can diminish over time due to the loss or unavailability of evidence.
Consulting with a Bakersfield motorcycle accident lawyer can provide specific guidance regarding the statute of limitations and help ensure claims are filed within the appropriate timeframe.
What a Motorcycle Accident Victim Must Know About the Personal Injury Case
The financial compensation sought in a motorcycle accident claim is primarily influenced by two key factors: the severity of the injuries and the cause of the accident. Until the full extent of damages has been determined, it is advisable to avoid filing a claim.
A skilled Bakersfield motorcycle accident attorney can negotiate a fair settlement after thoroughly reviewing these details to accurately reflect the total value of your losses.
Common Injuries of Motorcycle Accidents
Documenting the victim’s medical journey is crucial for strengthening the claim in motorcycle accident cases involving serious injuries. This includes all medical expenses, such as surgery, hospitalization, physical therapy, and prescription medications.
Common motorcycle accident injuries that qualify for compensation include:
Bone Fractures
Bone breaks are common in motorcycle accidents, often occurring in the lower extremities but potentially affecting the arms, wrists, skull, or spine. While some fractures may heal with proper care, they can lead to chronic pain and limited mobility.
Head and Brain Injuries
Traumatic brain injuries (TBIs) is a serious injury that often goes undetected if the victim does not seek immediate medical care. A brain injury can result in comas, severe cognitive impairments, motor deficits, or emotional disturbances. Even with a helmet, the skull and brain can still suffer permanent damage.
Neck and Spine Injuries
Depending on the circumstances of the accident, motorcycle riders may experience injuries to the neck, back, or spine. Severe impacts can result in spinal cord injuries, leading to lifelong paralysis and significant medical expenses.
Scarring and Burns
Road rash, a severe burn-like injury with embedded road grime, poses a risk of infection and often leaves disfiguring scars on motorcycle riders.
Additionally, due to the lack of shielding, motorcycle accidents can also cause deep cuts or burns that result in permanent scarring.
Common Causes of Motorcycle Accidents
In 2023, the Office of Traffic Safety reported that 74.2% of Californians identified distracted driving (texting or talking) as the most significant traffic safety concern.
In relation, motorcycle accidents occur due to negligent behavior on the part of other road users, such as drivers of passenger vehicles and larger motor vehicles. Establishing the cause of the accident is crucial for determining the defendant’s liability. Common causes of motorcycle accidents in Bakersfield include
Speeding
Excessive speed can impair a driver’s ability to stop in time, leading to rear-end collisions with motorcycle riders. Driving too fast in certain road conditions can also result in loss of control, endangering both the driver and other motorists.
Failure to Yield the Right-of-Way
Drivers should pay strict attention to the road at all times, but that does not always happen. As a result, many drivers overlook or misjudge their distance to present motorcyclists. Sometimes, drivers fail to yield to motorcyclists due to inattention, misunderstanding of traffic laws, or negligence. Left-hand turns are particularly dangerous and the cause of many motorcycle accidents.
Driving Distracted
Engaging in activities such as texting, eating, talking to passengers, or even adjusting the radio while driving significantly increases the risk of motorcycle accidents. Because their attention is focused elsewhere, they are often caught off-guard and fail to react in time to avoid a motorcycle crash.
Roadway hazards and defects
Motorcycles are more susceptible to hazards like potholes, loose gravel, uneven shoulders, or debris that may not significantly impact larger vehicles. The city could be liable for a motorcycle accident in Bakersfield, as it is their responsibility to maintain safe roadways.
Why Trust Our Law Firm with Your Case?
Motorcycle accident lawyers are not always necessary, but keep in mind that you do not have to take on a large insurance company alone.
At Horizon Accident Lawyers, our dedicated legal team specializes in Bakersfield motorcycle accidents, so we are equipped to offer the following benefits.
- Personalized Consultation: The initial meeting is free and allows prospective clients to share their experiences and ask questions about the case.
- Thorough Investigation: Motorcycle crashes require an in-depth investigation, so crucial evidence supporting the case and proving fault can be gathered.
- Insurance Negotiations: Our Bakersfield motorcycle accident lawyers will aggressively advocate for our clients during negotiations and, if necessary, in litigation.
- Customized Legal Strategy: Every case is unique. Therefore, we develop a tailored legal strategy designed to achieve the optimal outcome for each motorcycle accident claim.
No Fees, Unless We Win
At Horizon Accident Lawyers, we understand the financial challenges that can arise after a motorcycle accident. To alleviate these concerns, we offer contingency fee arrangements for our legal services.
This means no upfront legal fees or hourly rates; our fees are contingent upon securing a favorable settlement or verdict in your case. Our personal injury law firm is committed to representing the rights of motorcycle accident victims and is dedicated to providing compassionate and effective legal services.
Initial consultations are free, confidential, and carry no obligation to sign with us. Speak with a Bakersfield motorcycle accident lawyer today.
Contact Horizon Accident Lawyers in Bakersfield, CA
If you were injured in a motorcycle accident due to another party’s negligence, you deserve compensation for medical bills, lost wages, your damaged bike, and all other damages suffered–not the combative nature of insurance companies. Horizon Accident Lawyers is here to help.
Schedule a free consultation with our Bakersfield motorcycle accident attorneys so we may begin constructing your winning case.
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