Far too often, motorcyclists are painted in a negative light, thanks to social media and online video sites, for a disregard for following the proper safety rules, causing accidents by cutting in and out of traffic, driving at high speeds, or attempting to perform tricks on their bikes. However, what you do not see are those people who are safe cyclists, but who end up getting hurt as a result of someone else not paying attention. If everyone on the road took extra care and paid better attention, many motorcycle injury accidents could be avoided.
Distractions Are the Cause of Most Accidents
People get distracted with their cell phones, kids in the back seat, trying to eat or put makeup on, or other such distractions. As a result, they forget to check their blind spot before changing lanes, take their eyes off the road, or run stop signs or red lights. Sometimes they get lucky and no one is in the other lane, or there is no cross traffic, or someone else notices they are not paying attention, so they get out of the way to avoid the accident.
But it is only a matter of time before their luck runs out — and they end up running you over while you are on your motorcycle. The extent of your injuries can be more serious because you have little protection between you and the other vehicle. If the accident was not your fault, you may have grounds for filing a personal injury lawsuit against the other person and their insurance company. To find out your legal rights and see if you have a case, it never hurts to take advantage of our free consultation.
Being in a motorcycle accident frequently results in the cyclist sustaining serious injuries. This is due to the lack of protection around the motorcycle, as well as the types of clothing and protective gear the cyclist is wearing. Most people wear helmets to protect their heads, but the rest of their bodies are left exposed and unprotected. Even if they wear jeans and jackets, the impact of being thrown from their bikes does result in broken bones and spinal damage.
If you or someone you love has been hurt in a motorcycle accident caused by someone else, you could have certain legal rights to sue them for monetary compensation. This type of claim is a civil suit filed through a personal injury attorney. The amount you can seek is based upon the extent of your injuries, as well as other factors your lawyer will discuss during your free consultation. Some attorneys meet with you wherever it is convenient, if you are unable to come to their office — including your hospital room or home.
When selecting a personal injury attorney to review your motorcycle accident and determine whether you have grounds for filing a case, you should look for one that works on a contingency basis. What this means is the lawyer does not charge you any retainer fees or other charges up front. They only get paid if they are able to win your case through a settlement or verdict in your favor, in the event your case goes to court.
Motorcycle accidents are some of the most severe of all types of vehicular accidents. When riding a motorcycle, you do not have the added protections a vehicle brings, and only have your protective helmet and possibly special padding in your jacket and pants. If you get hit and thrown off your bike, you may be seriously injured and hurt. While your helmet protects your head, the rest of your body could end up with broken bones. You might find yourself confined to a wheelchair after the accident, and your quality of life drastically changed because of someone else’s negligence.
Luckily, you do have legal rights that you can exercise against the other person who caused your injuries. In order to use these rights, you need to retain a qualified and experienced motorcycle injury attorney in your area. Your attorney works on your behalf to file your claim based on the evidence they gather from your initial free consultation, as well as medical reports, police reports, and accident reports. This information is also used to establish the monetary amount of damages you are able to seek under the law.
Your motorcycle injury attorney should also work on your case on a contingency basis. What this means is he or she does not require any payment upfront to represent you. Further, they only get paid if they win your case, either through an acceptable settlement or a verdict in your favor in a court of law. The amount you have to pay your attorney after winning your case is typically around a third of the settlement or verdict amount awarded.
Motorcycle injury accidents are some of the most severe of vehicular accidents today. The numbers of motorcycles on the road are higher than in the past, due to their fuel efficiency. Since there is virtually no barrier between the rider and the road, as well as other vehicles, accidents result in an alarming 98 percent of some form of injury and are 26 times more likely to result in death.
The serious injury or death of a loved one from a motorcycle accident can be a sensitive time. You often experience a wide range of emotions and question why this happened. In the event the accident was the fault of another person, you have certain legal rights you need to protect. Even though you may not be fully prepared to deal with legal issues, you do not want to let the statute of limitations run out and risk losing your right to seek monetary damages from the other party.
While a monetary settlement or verdict in your favor may not restore the former livelihood of your loved one or bring them back from the dead, it does help prepare you financially for supporting your family on your own. You might have relied upon your loved one’s income to cover living expenses and pay other obligations. With this income no longer coming in, you can face serious hardships, which could be avoided by filing a personal injury claim with one of our experienced personal injury lawyers, here at Madison Law Group. We are understanding and sensitive to your needs and will work on your behalf to ensure you receive the maximum amount possible under the law.
Prior to seeking the assistance of a motorcycle injury attorney after an accident, there are three main items you need to evaluate. By taking the time to perform your own evaluation, you are able to get an idea of whether you have grounds to sue. The first thing you need to decide is whether the accident was clear-cut. In other words, was the other person entirely at fault, or did you contribute partially towards the accident? This is important, as it determines the amount of monetary damages you are able to seek.
The next thing to evaluate is whether you want to pursue a settlement or take your case to court. Court proceedings can become costly, especially when the other person’s insurance company wants to avoid having to pay a verdict in your favor. You could opt for a settlement, instead of going to court in situations where you want to avoid a lengthy court proceeding, or if your liability towards the accident may be used against you in front of a judge and jury.
The last item you need to consider is whether the other party is worth filing a lawsuit against. Do they have insurance? If not, if you file a suit, you might be able to obtain a judgment against them, but no real monetary settlement or verdict. However, even if they do not have insurance, and the accident was the result of faulty equipment in their vehicle, you could still have grounds for filing a case. After performing your own evaluation, it is always a good idea to obtain a second opinion from an experienced motorcycle injury attorney.
The amount of damages you are entitled to seek by filing a motorcycle injury case using a personal injury lawyer depends upon the extent of your injuries. It is important to remember, you cannot file a personal injury case to have your motorcycle repaired, or to cover any losses to the bike not covered by yours or the other party’s vehicle insurance. However, you are able to seek reimbursement for medical expenses, lost wages from work, and pain and suffering. Further, if the accident has drastically affected your quality of life, such as leaving you partially paralyzed or disabled, you may be entitled to a larger monetary amount. Additionally, in order to have grounds for a personal injury case, the other party has to been at least partially at fault. If the accident was entirely your fault, you do not have grounds for filing a case.
It should be noted, the maximum amount you are able to seek in a motorcycle injury case is often directly related to the maximum amounts provided under the other party’s insurance policy. If the other party does not have any substantial assets, there is no reason to seek additional damages. However, if they do have assets, your attorney could include them in your lawsuit. The reason they do this is when you are entitled to more compensation than the insurance company is able to pay. If the person who caused your injuries was operating a company-owned vehicle, your attorney may also recommend including their employer, the company’s owners, and the company’s insurance company in your law suit.
Many people often forget that there are more motorcycles on the road, today, as a result of higher gas prices. As fuel costs continue to swell, people are looking for other cost-saving methods to cut their commuting expenses. One viable option is to purchase and use a motorcycle. This type of transportation provides improved fuel-efficiency and is ideal for one person to get the most out of their gas money. However, with an increase in the number of motorcyclists on the road, there, too, has been an increase in the number of motorcycle-related accidents.
The reason there has been an increase in motorcycle accidents is because vehicle drivers are not fully paying attention. For instance, when making a lane change, most motorists simply check their mirrors, but fail to check their blind spot. Because a motorcycle is much smaller, it is easier for a motorcyclist to be hiding in the blind spot. Many of these accidents can result in serious injury to the motorcyclist. If you are hurt because someone else was not paying attention, you could be entitled to file a personal injury claim with an attorney.
Common causes for motorcycle accidents in California include left turn collisions, running stop signs, running red lights, speeding, drunk drivers, rear-end accidents, unsafe lane changes, broadside collisions, and out of control motor vehicles. If you have sustained any injury from an accident while riding your motorcycle, it is worth your time to discuss your situation with our personal injury attorney. We offer a free consultation, so there is no upfront expense or cost out of your pocket. As long as the other party involved in the accident is at least partially at fault, you could have grounds for filing a personal injury claim to help pay for your medical expenses, lost time from work, and other such damages.
One common type of case handled by personal injury lawyers are slip and fall cases. These cases are where you are injured due to the negligence of another party. Few people fully understand their legal rights, and often overlook filing a claim to get reimbursed for medical bills incurred as a result of the accident. Instead, they use their own health insurance, money out of their own pocket, and any money the other party’s insurance is willing to pay.
You should not have to pay out-of-pocket expenses, or use your own insurance, in situations where you have an actual slip-and-fall claim. The other party’s insurance company needs to be held fully accountable for covering any and all related medical expenses. In addition, any wages you lost because you were unable to work, such as if you had to have surgery, or broke a limb, could qualify you for further monetary damages.
Because the nature of slip and fall cases can be complicated, you will want to schedule a free case evaluation with one of our personal injury lawyers. Your attorney meets with you to discuss the details of your accident. From there, he obtains additional information, such as medical reports, police reports, accident and injury reports filed by the other party, and other such details, to determine if there was negligence present. As long as the other party is at least partially at fault, in most cases you do have a legal right to file a claim.
There are several things you need to consider after being involved in a motorcycle accident where you sustained serious injuries. The most important is whether the accident was your fault, or caused by another party. In cases where you were fully to blame for the accident, you do not have any legal recourse against the other party, and have to pay for your medical bills and other expenses through your own insurance or out of your own pocket. On the other hand, if the accident was even partially the fault of a second party, you could have a legal claim for monetary damages. In this case, your next step would be to set up a free consultation and speak to an attorney at our law firm experienced in motorcycle injury cases.
When you schedule your free consultation appointment, you may be asked to bring certain types of documentation along with you. During your visit with your motorcycle injury attorney, he might ask you for police reports, hospital reports, medical reports, or other such information. These reports, plus your own personal account of events, are necessary in order to determine and establish the level of negligence of the other party involved in the accident. Additionally, the extent of your injuries is used to figure out the maximum amount you are able to seek for monetary damages. In some situations, in addition to seeking money to cover all related medical bills, you could be entitled to pain and suffering, and lost wages.
Motorcycle injury accidents often result in victims being hurt more extensively. This is because the only protection a motorcycle operator has is the helmet on their head. When they are involved in an accident and hit by another vehicle, they can be thrown from their bike, causing damage to their back, spine, head and other areas of the body. In extreme cases, the operator may be left permanently disabled; or worse, could die. If the accident was caused by the negligence of another person, you need to make sure to contact a personal injury lawyer to ensure you receive the settlement you deserve. Surviving family members are also able to file a case in situations where the motorcycle operator did not survive the accident.
There Has to Be Negligence in a Motorcycle Injury CaseAn important aspect to a motorcycle injury case is the amount of negligence contributed by each party. In order to have a valid claim against another party, they must have contributed towards causing the accident, to a certain degree. For example, if the other party ran a red light and hit the motorcycle, then they could be deemed entirely at fault. However, on the other hand, if the motorcycle operator was driving at excessive speeds, cutting in and out of traffic, and was hit because someone else was changing lanes, then the amount of negligence may be distributed between both parties involved in the accident. Even in cases where the other party is not entirely at fault for the accident, but is partially responsible, you might still have grounds for a personal injury claim.