When a motorcyclist is involved in an accident, the chances of them suffering a catastrophic injury are high. Motorcycles offer very little protection to their riders. Because of this lack of protection, crashing while on a motorcycle will likely result in a severe and possibly even fatal injury. The expenses you will incur after a crash can be hard to cover on your own.
Fortunately, an experienced personal injury lawyer in Elk Grove can help you recover fair compensation from the liable party. At Triumph Law, we have helped countless victims of motorcycle crashes get the money they need to get back on their feet. Contact us today to learn more through a free case evaluation.
Submit Your Motorcycle Accident Lawsuit Before Time Runs Out
When attempting to recover damages after a motorcycle accident, there are several things you need to know. One of the most critical things you need to pay attention to is the statute of limitations for filing a motorcycle accident lawsuit. In California, accident victims generally have two years to file the required paperwork.
If the deadline passes without your taking action, you will likely lose your ability to claim compensation. However, exceptions can alter the amount of time you have to file. The details of your case could permit you to file long after the typical deadline or significantly lessen the amount of time you have to take action.
The best way to figure out the exact deadline for your case is with the help of an experienced Elk Grove motorcycle accident attorney.
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Recoverable Damages Following an Elk Grove Motorcycle Accident
After suffering injuries in a motorcycle accident in Elk Grove, you will likely be eligible to pursue many types of damages. All compensatory damages you can claim are divided into the categories of economic and non-economic damages.
Any financial losses caused by a motorcycle accident are labeled as economic damages. The most commonly available economic damages include:
- Medical costs
- Future medical bills
- Property damage
- Modifications to your vehicle or home to assist with an injury
- Lost income
- Decreased ability to earn
All other losses connected to your motorcycle accident are considered non-economic damages. The most commonly available non-economic damages include:
- Mental anguish
- Loss of companionship
- Permanent disability
- Scars and disfigurement
- Diminished ability to enjoy life
- Emotional distress
- Pain and suffering
You could also potentially collect punitive damages after a motorcycle crash. However, these damages tend to be restricted to extreme cases. The main way that compensatory damages differ from punitive damages is that the former center around the losses of the accident victim, while the latter focus on the actions of the responsible party.
Punitive damages are limited to cases where the accident was the result of gross negligence or an action intended to cause harm.
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Four Elements of Negligence
When pursuing compensation after a motorcycle accident, you first need to identify who is liable for your damages. You must be able to show that another party was responsible for the accident, either through negligence or deliberate action. Proving fault can often be challenging. However, an experienced Elk Grove motorcycle accident lawyer can help.
To prove that you are owed compensation due to another party’s negligence, you need to establish the following four elements:
- The defendant had a duty of care
- That duty of care was breached
- You endured damages
- The breached duty of care was the direct cause of your damages
A Duty of Care
When operating a vehicle on the road, a driver owes a duty of care to all others around them. Because motor vehicles can cause serious damage, drivers are expected to follow safety regulations for the protection of themselves and others.
If the party from whom you are attempting to recover damages was behind the wheel of a vehicle involved in the crash, they owed you a duty of care. Along those same lines, vehicle manufacturers and mechanics are responsible for putting safe vehicles on the road. If they built or performed maintenance on an involved vehicle, they owed you a duty of care.
A Breach of Their Duty of Care
After establishing that the defendant owed you a duty of care, you must show that they violated their responsibility. If you are filing a claim against another driver, proving that they were using a cell phone, speeding, or under the influence of drugs or alcohol at the time of the accident are all ways to establish that their duty of care was breached.
Next, you will need to prove that you suffered damages in the accident. This can easily be accomplished with the help of medical records and repair bills for your motorcycle. However, failing to seek medical attention immediately after your collision will give the defense the means of creating doubt about whether your damages were caused by the accident or another incident.
The Defendant Breaching Their Duty of Care Led to Your Damages
Finally, you need to link the breached duty of care to your damages. You will need to prove that the liable negligent actions of the liable party were the direct cause of your injuries. An experienced motorcycle accident attorney in Elk Grove can help you build your case and prove negligence.
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Speak With a Motorcycle Accident Lawyer in Elk Grove Today
One of the best ways to ensure you get the money you need after an accident is by hiring the right lawyer. You need to pick an attorney with a history of recovering significant compensation for their clients in cases similar to yours. It is also important to choose someone who has achieved favorable results both through settlements and court rulings.
At Triumph Law, our motorcycle accident attorneys in Elk Grove have the skills to win both in and out of court. Contact us today by phone or by completing the contact form on this website to learn more about your options with a free consultation.