If you ride your motorcycle in Citrus Heights, CA, and get into an accident due to someone else’s negligence, hold the at-fault party accountable. You can do so as part of a legal claim. To get started, partner with a Citrus Heights personal injury lawyer.
Hire a legal team that you can trust to represent you during your motorcycle crash case. At Triumph Law, P.C., we can help you secure the maximum amount of compensation possible. Contact us today to speak with our Citrus Heights motorcycle accident lawyer.
Common Types of Motorcycle Accidents
In the United States, motorcycles represent 3% of all registered vehicles, according to the National Safety Council (NSC). Motorcycle crashes are reported every day across the country. They occur for many reasons, such as:
- Lane splitting
- Poor weather or road conditions
- Intoxicated driving
If you are involved in a motorcycle collision, call 911, and medical personnel and police officers will come to the scene. Receive medical care, take photos and videos as evidence from the crash, and report the collision to your insurance provider. From here, your insurer should help you get compensation from any at-fault parties — but this is not guaranteed.
No matter what type of motorcycle crash happens, an insurance company is more likely to put its own best interests above yours. If you are struggling to get compensation for your claim, a Citrus Heights motorcycle accident attorney can help. They can review your case and determine if you are eligible to file a personal injury lawsuit.
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Expenses Associated with Motorcycle Accidents
You can ask for economic and non-economic compensation in a motorcycle collision lawsuit. Economic damages are quantifiable, while non-economic ones are subjective. Examples of expenses that you may incur in a crash include:
- Medical bills
- Vehicle damage
- Lost wages
- Pain and suffering
Along with these, a court may award exemplary or punitive damages, per California Civil Code §3294. These are given out to a plaintiff to deter an at-fault party from future acts of negligence. They are awarded in conjunction with economic and non-economic compensation.
A motorcycle accident lawyer in Citrus Heights can help you calculate your damages. At Triumph Law, P.C., we make it easy to file a claim for an appropriate amount of compensation. To learn more, get in touch with us.
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How to File a Claim for Compensation After a Motorcycle Collision
California has minimum insurance requirements for drivers. Per these requirements, a motorist must have insurance that covers at least $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. In many motorcycle accident claims, a rider can submit a request for compensation to the at-fault driver’s insurer, which will cover the cost.
There are instances where a motorist does not have insurance, or their insurer does not cover the claim. At these times, it is beneficial to have a motorcycle accident attorney in Citrus Heights at your side. Your lawyer works with an at-fault party and their insurance provider to help you get the compensation you want.
If an at-fault motorist or their insurer refuses to pay your claim, your lawyer can file a personal injury lawsuit. In California, there is a two-year statute of limitations for submitting this type of lawsuit. If you do not discover your injury right away, you have up to one year from the date you find out about it to ask for damages.
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Who to Sue in a Motorcycle Accident Lawsuit
The motorist who crashed their car into you while you were riding your motorcycle is often responsible for the collision. For example, a distracted driver is not focused on safe travel and slams their vehicle into a motorcyclist. In this example, the rider may sue the driver.
There are times when a motorcycle manufacturer is held responsible for a collision. For instance, a motorcycle’s brakes may malfunction due to a manufacturing defect, and a rider may get into an accident. At this point, the rider may file a claim against the manufacturer.
You may be able to request compensation from the City of Citrus Heights government as well. To get damages, you may have to prove that a road defect contributed to your motorcycle collision. A lawyer can help you gather evidence and witness statements to support your claim.
How Much Your Motorcycle Accident Case Is Worth
It is impossible to put a dollar figure on a motorcycle crash case without reviewing all of the facts associated with it. Initially, a motorcycle collision lawyer learns about your case and the losses that you have incurred. They also answer frequently asked questions and many others about personal injury lawsuits to help you make an informed decision about whether to move forward with a claim.
To determine the value of your claim, a lawyer looks at your immediate and long-term losses. They consider the strength of your case as well. From here, your attorney submits your claim and crafts your argument.
California is considered a pure comparative negligence state, and your percentage of fault can determine how much money you receive. You can request compensation even if you are 99% responsible for your motorcycle crash. Regardless of your percentage of fault, you must prove that the defendant in your case was negligent to be awarded damages.
How to Prove Negligence in a Motorcycle Accident Case
Per California Evid. Code, §115, there is a burden of proof that you must meet to get damages in a personal injury lawsuit. You must provide evidence that makes it clear to a judge or jury that someone else caused your motorcycle collision. How you do so depends on your case.
As an example, you may use a police report from your crash as evidence. The report can include details about who was involved and other relevant information. It may be used in conjunction with accident scene photos and videos, medical records, and other pieces of evidence to compel a judge or jury to rule in your favor.
If you want help proving negligence in your motorcycle crash case, the team at Triumph Law, P.C. can assist. We have more than two decades of experience with personal injury lawsuits and apply what we know to every case. To schedule a confidential consultation, contact us today.