Motorcycle accidents often result in devastating injuries and complex legal challenges. Without the protective shell of a car, motorcyclists are especially vulnerable on the road. Motorcyclists face a higher risk of injury compared to other road users due to their exposure and lack of protection.
Engaging with a personal injury law firm or a lawyer who specializes in personal injury law ensures that from day one, you have a professional advocate fighting for your best interests, allowing you to focus on what matters most: your recovery.
At Delfino Green & Green, our San Francisco motorcycle accident lawyers understand how to guide injured riders through the motorcycle accident claims process. We know the Bay Area roads, the insurance companies, and the unique challenges that injured bikers face. If you or someone you love has been hurt in a motorcycle crash, securing experienced legal help can make all the difference.
When Do I Hire a Personal Injury Attorney?
The ideal time to hire a lawyer is as soon as possible after the accident. The longer you wait, the more challenging it can become to gather crucial evidence. Witnesses’ memories fade, and physical evidence from the scene can disappear.
You should strongly consider hiring an attorney if:
- You suffered significant injuries: Any accident that results in broken bones, head trauma, spinal cord injuries, or any injury requiring hospitalization or surgery warrants immediate legal consultation.
- Liability is disputed: If the other party is blaming you for the accident or their insurance company is refusing to accept fault, you need an expert to prove liability. Comparative negligence laws may apply in these situations, meaning an injured motorcyclist can still recover damages even if partially at fault, but the compensation may be reduced based on their share of responsibility.
- The insurance company’s offer seems too low: Initial settlement offers are almost always less than what a claim is worth. An attorney can properly value your claim and fight for a fair amount.
- You are feeling overwhelmed: The stress of dealing with medical appointments, bills, and insurance adjusters can be immense. Hiring a lawyer allows you to offload that burden and focus on healing.
Essentially, if the accident has caused any significant disruption to your health, finances, or daily life, seeking legal advice for motorcycle accidents is a prudent step.
The Role of a Motorcycle Accident Attorney
So, what exactly does a motorcycle accident attorney do? Their role extends far beyond simply filing paperwork. They are your investigator, your negotiator, your advocate, and your guide through every stage of the legal process. An experienced lawyer is essential for managing the intricate details of your motorcycle accident case.
- Conduct Investigations: One of their first and most critical tasks is to conduct a thorough investigation into the crash. This involves gathering the police report, interviewing witnesses, collecting photographic and video evidence, documenting the other vehicle involved in the accident, and, if necessary, hiring accident reconstruction experts to analyze the scene. This meticulous evidence collection is vital for establishing who was at fault.
- Determining liability: Another key aspect of your attorney’s role is to determine liability and identify all responsible parties. The attorney will identify all other parties and other vehicles that may have contributed to the traffic collision. While it may seem obvious that the other driver is to blame, there can be other contributing factors. Was a defective part on the motorcycle to blame? Did a hazardous road condition, like a pothole or unmarked construction zone, cause the crash?
- Negotiating with insurance Companies: Perhaps the most recognized function of a motorcycle accident attorney is dealing with insurance companies. Insurers are businesses, and their primary goal is to protect their bottom line by paying out as little as possible. They often employ adjusters who are trained to get statements that can be used against you or to offer quick, lowball settlements before the true extent of your injuries is known.
Having legal help after a motorcycle crash means you have a professional shield. Your attorney will handle all communications with the insurance companies, preventing you from inadvertently harming your case and aggressively negotiating for a settlement that reflects the true value of your claim.
Why Do You Need a Motorcycle Wreck Attorney?
Ultimately, the primary goal of your legal representation is to secure the maximum motorcycle injury compensation possible. This compensation is meant to cover a wide range of damages, both economic and non-economic. This includes:
- Medical Expenses: All costs related to your medical treatment, including emergency services, hospital stays, surgeries, physical therapy, medication, and any future medical care you may require. This covers the full range of injuries suffered in motorcycle accidents, from minor injuries to severe injuries and catastrophic injuries.
- Lost Wages: Reimbursement for the income you have lost due to being unable to work during your recovery.
- Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or earning the same level of income, or if you have suffered a permanent disability, you can be compensated for this future loss.
- Pain and Suffering: Compensation for the physical pain, emotional distress, anxiety, and loss of enjoyment of life resulting from the accident and your injuries.
- Property Damage: The cost to repair or replace your motorcycle and any other damaged personal property.
Motorcycle accident victims who have suffered severe injuries, serious injuries, or catastrophic injuries may require additional compensation to address long-term medical needs and the impact on their quality of life. Your attorney will carefully calculate these damages to ensure the settlement demand covers the full scope of your losses, advocating for injury victims and considering all injuries suffered, whether minor or severe.
Motorcycle Accident Insurance Coverage: Essential Insights for Riders
Understanding insurance coverage is crucial when it comes to filing a claim after a motorcycle accident. California law requires motorcycle riders to carry certain minimum insurance coverage, and understanding these requirements, as well as relevant traffic laws, is essential for protecting your rights after an accident.
Most motorcycle riders opt for liability insurance, which is designed to cover the costs associated with damages or injuries they cause to others in the event of an accident. This includes property damage, medical expenses, and other related costs for the other party involved.
However, if the other driver is found to be at fault for the accident, their insurance should ideally cover your losses. Despite this, challenges often arise in the claims process when the following situations occur:
1. Underinsured or Uninsured Drivers
If the at-fault driver does not have enough insurance coverage to adequately compensate you for your losses or lacks insurance altogether, you may find yourself at a disadvantage. This is where having uninsured/underinsured motorist coverage becomes essential. This type of policy can help ensure that you are not left to shoulder the financial burden if the responsible party cannot cover the expenses.
2. Disputed Fault
Determining who is at fault in an accident can sometimes be a contentious issue. If the insurance company contests liability, it can lead to delays in your claim process or even a dispute regarding the compensation you are entitled to receive. Gathering solid evidence, such as photographs from the scene, eyewitness statements, and police reports, can be crucial in supporting your case.
3. Inadequate Policy Limits
In some cases, the at-fault driver’s insurance policy limits may be insufficient to cover the full extent of your damages. Medical bills, motorcycle repairs, and loss of income can quickly accumulate, and if the limits are too low, you may struggle to get fully compensated.
In light of these potential issues, it’s highly advisable to consult with an attorney who specializes in motorcycle accidents. An experienced attorney can help you navigate the complexities of insurance policies and identify all potential sources of compensation. This can include pursuing claims through your own uninsured/underinsured motorist coverage or exploring third-party liability claims, such as if a defective motorcycle part contributed to the accident or if hazardous road conditions played a role.
Ultimately, understanding your insurance coverage and knowing your rights can empower you to effectively manage the aftermath of a motorcycle accident and ensure that you receive the compensation you deserve.
How Much Do Most Injury Lawyers Charge?
One of the biggest concerns for accident victims is the cost of legal help. The good news is that nearly all reputable personal injury law firms, including Delfino Green & Green, operate on a contingency fee basis, making legal help accessible to all.
What does this mean? It means you pay no upfront fees to hire the attorney. The law firm covers all the costs of investigating and litigating your case, such as filing fees, expert witness costs, and deposition expenses. You only pay the attorney’s fee if and when they win your case, either through a negotiated settlement or a court verdict.
The fee is calculated as a pre-agreed-upon percentage of the total recovery. This arrangement provides everyone, regardless of their financial situation, with access to high-quality legal representation. It also gives your attorney a powerful incentive to fight for the maximum possible compensation on your behalf. The contingency fee structure aligns your interests with your lawyer’s—you both succeed together.
What to Expect During the Claims Process
Here’s a general overview of what happens when you begin pursuing motorcycle injury compensation:
- Consultation: You’ll meet with a motorcycle wreck attorney for a free case evaluation.
- Investigation: Your attorney will collect evidence, interview witnesses, and analyze accident reports. They may obtain accident reports from the California Highway Patrol or the San Francisco police to support your case.
- Medical Review: Your injuries and treatment are documented to determine the full extent of damages.
- Demand Letter: The lawyer will send a letter to the at-fault party’s insurer demanding fair compensation.
- Negotiations: Most cases settle out of court, but if the insurer won’t pay fairly, your attorney may file a lawsuit.
- Litigation: If needed, your attorney will prepare your case for trial to fight for maximum damages.
Having an experienced lawyer guide you through this complex process can relieve stress and improve your chances of a successful outcome.
Real-World Scenarios: When Hiring a Motorcycle Lawyer Matters
Here are some examples of cases where hiring a motorcycle accident attorney can make a significant difference. Our firm has successfully handled numerous motorcycle accident cases, achieving positive outcomes and substantial settlements for our clients:
Case 1: Disputed Liability
John, an experienced rider, was hit by a driver who ran a red light. The driver claimed John was speeding. The insurance company denied the claim. With the help of a motorcycle wreck attorney, John obtained surveillance footage and traffic light data that proved he had the right of way. He received a six-figure settlement for his injuries.
Case 2: Uninsured Driver
Maria was rear-ended by an uninsured driver while stopped at a red light. Her lawyer helped her access compensation through her uninsured motorist coverage and guided her through the process without delays.
Case 3: Dangerous Road Conditions
Kevin wiped out on a sharp turn due to loose gravel left after nearby construction. His attorney investigated and found that the city had been notified of the hazard but failed to act. A claim was filed against the local government for negligence, resulting in a substantial settlement.
Your Next Step: Speak with a Motorcycle Accident Lawyer Today
Motorcycle accidents are traumatic, and the road to recovery can be long. But you don’t have to face it alone. Whether you’re dealing with painful injuries, growing medical bills, or insurance runarounds, Delfino Green & Green is here to help.
Let us handle the legal side while you focus on healing. Our team is ready to provide experienced, strategic support throughout every stage of your motorcycle accident claim.
Schedule Your Free Consultation Today
Don’t wait to get the legal help you need. Contact our team for a free, no-obligation case evaluation and discover how we can help you get the compensation you deserve. Explore your legal options with our motorcycle accident attorneys in San Francisco today.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. For personalized legal assistance, please contact Delfino Green & Green directly.