When a motorcycle operator or passenger falls to the ground in a serious crash, the accident victim can suffer extremely serious and sometimes permanent injuries. In many cases, motorcycle crashes are the result of negligent driving. For example, the at-fault driver might have violated a traffic law, such as by running a red light or breaking the speed limit, resulting in the motorcycle collision.
If you have been injured in a motorcycle crash, it is important that you have knowledgeable legal counsel on your side representing you every step of the way. An experienced California motorcycle accident attorney can review the circumstances behind your accident with you and can help you determine if you’re eligible to file a claim for monetary compensation and damages. If you are, your attorney could assist you throughout the claims-filing process, and if necessary, litigate your case to a favorable conclusion in the California state court system.
How California Motorcycle Accidents Frequently Happen
Motorcyclists are at a serious disadvantage when it comes to crashes and accidents. Specifically, they do not have a significant amount of protection surrounding them at the time of their accident. Therefore, if they fall to the ground in a collision, they can suffer extremely serious injuries that may require hospitalization, medical treatment, surgery, and/or physical therapy. Injuries sustained in California motorcycle accidents often include traumatic head and brain injuries, bone fractures, and soft tissue injuries.
In many instances, these accidents occur because another motor vehicle driver is negligent. That is to say that the motor vehicle driver behaves in an unreasonable manner under the circumstances. California motorcycle accidents also happen when a driver violates a rule of the road. For example, the at-fault driver might be following the motorcyclist too closely, or the driver might be speeding. At other times, the negligent driver might fail to yield the right-of-way to a motorcyclist, such as by running a red light at a traffic intersection.
Since California is a fault state when it comes to traffic accidents, you might be in a position to file a claim or lawsuit against the driver who caused your accident. That driver’s insurance company would then step in and provide the necessary coverage and potentially monetary compensation for your injuries. A knowledgeable California motorcycle accident attorney could assist you with filing your claim and pursuing the compensation that you need.
Filing a Claim Arising from a Motorcycle Accident in California
In order to file a successful personal injury claim arising from a California motorcycle accident, the accident victim must be able to demonstrate that the at-fault driver acted negligently, carelessly, recklessly, or unreasonably under the circumstances. In addition, the cyclist must be able to show that this breach of the standard of care caused the motorcycle accident. Further, the accident victim must show that he or she suffered one or more injuries as a direct and proximate result of the motorcycle accident.
When you file a claim with the at-fault driver’s insurance company, the adjuster who is assigned to the case will likely review all of the documentation, and he or she may make a monetary offer to resolve the case through settlement. Your attorney can assist you with fielding settlement offers and negotiating with the adjuster in hopes of reaching a favorable offer. If the insurance company is unwilling to offer you fair compensation for the injuries you suffered in your motorcycle accident, your attorney could assist you with filing a lawsuit and pursuing litigation in the California state court system. Contact us today for expert legal guidance.
