When a motorcycle is involved in a collision with another vehicle, the motorcyclist is likely to take the brunt of the damage. Because of the minimal protection that these vehicles offer their riders, the potential for catastrophic injuries is quite high. Following a severe motorcycle injury, recovering compensation from the liable party can be essential for covering your expenses.
To ensure you are able to collect the money you require, you should consider hiring an experienced personal injury lawyer in Rancho Cordova. While you may be able to recover some money on your own, it is doubtful that you will secure the full value of your claim. At Triumph Law, we have helped countless accident victims to get back on their feet.
Four Elements of Negligence
Before you can collect compensation for your damages, you must first determine who is at fault. Proving that another party either willfully or negligently caused your accident can be a challenge. Fortunately, an experienced motorcycle accident attorney serving Rancho Cordova can help.
To prove another party’s negligence caused your injuries, four elements of negligence must be established:
- That they owed you a duty of care
- That they breached that duty of care
- That you incurred damages
- That the breach of their duty of care directly caused your damages
Duty of Care
When driving, all those on the road owe a duty of care to everyone around them. Operating a motor vehicle is a serious responsibility, and failing to take the proper precautions can be deadly. If the party you are attempting to recover compensation from was driving a vehicle involved in the crash, establishing a duty of care is simple.
Of course, there are other parties that can be at fault as well. For example, a car manufacturer or the government body responsible for maintaining the roads in the area where your crash occurred could also be liable in certain situations. While establishing a duty of care can be slightly more complicated in some of these situations, it is typically still fairly straightforward.
Duty of Care Was Breached
The next step is to prove that the defendant violated their duty of care. If you can show that they were using a cell phone, driving under the influence, speeding, or engaging in another form of negligent behavior, you can prove that they breached their responsibility to behave in a reasonably safe manner while behind the wheel.
Proving that you suffered damages is typically the easiest part of the process. Medical records and repair bills for your motorcycle can go a long way to showing that you incurred losses. However, it is critical that you seek medical attention soon after the collision. Waiting to see a doctor will give the defense an opening to cast doubt that your injuries were related to the crash.
The Breached Duty of Care Caused Your Damages
The final step is to connect all the dots. You have to prove that the defendant’s breached duty of care directly caused your damages. An experienced motorcycle accident attorney serving Rancho Cordova will be able to help you tie all the pieces together and make a strong case for negligence.
Damages You Can Pursue Following a Motorcycle Crash
Following a motorcycle collision in Rancho Cordova, there are several types of damages you can attempt to collect from the liable party. All compensatory damages are split between economic and non-economic damages.
Economic damages are the financial losses you endured in your motorcycle accident. The most frequently collected economic damages are:
- Medical costs
- Future medical bills
- Lost income
- Lost ability to earn income
- Property damage
- Modifications to your home or vehicle to accommodate a disability
Non-economic damages are all the other, more personal, losses that result from your accident. The most frequently collected non-economic damages are:
- Pain and suffering
- Diminished ability to enjoy life
- Permanent disability
- Scars and disfigurement
- Loss of companionship
- Emotional distress
- Mental anguish
In a small portion of motorcycle accident cases, victims may also be eligible to collect punitive damages. Punitive damages are vastly different from compensatory damages. While the focus of compensatory damages is upon the losses of the accident victim, punitive damages are concerned with the actions of the at-fault party.
Punitive damages will only be awarded if the accident was the result of criminal negligence or an intentional act.
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Be Sure to File Your Motorcycle Accident Before Time Runs Out
When attempting to recover damages through a motorcycle accident lawsuit, you must pay attention to your state’s personal injury statute of limitations. California generally allows accident victims two years to file a lawsuit against the responsible party. Letting this deadline pass without taking action will likely mean the loss of your options for pursuing damages.
However, it is critical to understand that exceptions to the statute of limitations exist. Depending on the particular details of your motorcycle accident, you could find yourself in a position where you can file a lawsuit long after the standard deadline. Alternatively, you could find that you actually have far less than two years to take action.
An experienced Rancho Cordova car accident lawyer can help you determine the exact deadline that applies to you and make sure that your paperwork gets filed on time.
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Reach Out to a Rancho Cordova Motorcycle Accident Attorney Today
When attempting to recover compensation after a motorcycle accident, it is essential that you choose the right legal representation. You need to find an attorney who has handled cases similar to yours and achieved significant wins both in and out of court.
At Triumph Law, we have helped countless accident victims recover favorable compensation, both through out-of-court settlements and court judgments. Learn more about how we can help you get the money you need by giving us a call or completing the contact form on this website. We offer free case reviews, so don’t hesitate to get started today.
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