Motorcycle accidents can result in severe injuries because of the lack of safety features and the ease with which a bike can lose traction and fall. Even what might appear to be a minor motorcycle accident could leave you battling road rash, broken bones, and traumatic brain injuries.
Suffering injuries impacts not only your quality of life but could also result in financial difficulties because of medical expenses and the need to miss work as you recover. Fortunately, in California, if the collision was the result of another party’s conduct, you may have the right to begin a personal injury claim or lawsuit and recover your losses.
A motorcycle accident lawsuit is a complex legal process that requires an in-depth understanding of the law and the skills to negotiate effectively with insurance companies. To have the best chance of receiving the compensation you deserve in a motorcycle accident claim, you need help from experienced personal injury lawyers. But exactly what happens in a motorcycle accident lawsuit?
Understanding the Motorcycle Accident Lawsuit Process
California is a fault state when it comes to traffic accidents. When looking at what to expect in a motorcycle accident lawsuit, the first thing to remember is that you’ll have to demonstrate that the other party was negligent. That means they failed to act with the level of care that a reasonable person would have shown in the same situation.
The lawsuit process for motorcycle accidents requires establishing that the other driver owed you a duty of care that they breached. The breach must have led directly to your injuries, and these injuries should be compensable. If you can’t meet these requirements, it’s not likely that you’ll be able to file a motorcycle crash claim.
Once you have established that negligence took place, you may have to counter arguments from the other party that you contributed to your injuries. California has pure comparative negligence laws, so you can still recover losses even in this case as long as you were not entirely at fault for the crash. Your settlement amount may be reduced, however, by the percentage of fault you’re assigned.
Initial Steps After a Motorcycle Accident: Preparing for a Lawsuit
Taking the right steps after a motorcycle accident can make a significant difference when you begin a personal injury lawsuit.
Seek Medical Treatment
The motorcycle accident lawsuit process starts by ensuring you receive the medical assistance you need to manage your injuries. Motorcycle accident victims often try to move right after the collision, but it’s important to remain still, especially if you suffered a head injury or if you’re in significant pain. If you were wearing a motorcycle helmet, don’t remove it until help arrives.
Getting paramedics to the accident scene of the crash allows you to get fast medical treatment while also beginning a record of the injuries sustained in the collision. In the days following the crash, make sure to follow all of your doctor’s orders and keep a record of all of the bills you receive.
Ensure the Police Get to the Scene
You will need a police report to file a motorcycle accident lawsuit in San Francisco. If no one has called the police after the crash, ensure you do so yourself. Provide as much information as you can about what happened, and ask law enforcement how to get a copy of the police report.
The police report will typically contain a significant amount of vital information. It will present an overview of what the officer’s impression was of the accident and may feature a diagram that demonstrates where the vehicles were located and where eyewitnesses were standing. If there were witnesses, officers may obtain their information so that they can be contacted later.
Your attorney can use this report to build a strong case, but keep in mind it’s not the only evidence available at the scene.
Gather Evidence
Unless you suffered serious injuries that require emergency care, take the time to get evidence from the scene of the accident. Take pictures and videos of your bike and the other vehicle, as well as of road signs or anything else that can demonstrate fault.
Look around for eyewitnesses who can offer their testimonies. If they don’t provide their statement at the scene, make sure to get their contact information.
It’s a good idea to record your impressions, as well. What level of pain are you experiencing? What do you remember of the moments leading up to the accident? After such a stressful event, the adrenaline might have given you a chance to notice all manner of details, but these impressions can fade as the shock of the accident passes.
Speak With the Other Driver
You will also need to exchange information with the other party. It’s essential that you keep this conversation short and that you avoid getting into arguments.
Don’t admit to fault or apologize for anything because this could later be used against you to show that you admitted to being responsible for the accident. Be polite, but keep the conversation to only the basics.
Contact a Motorcycle Accident Lawyer in San Francisco
To file a motorcycle accident claim, it’s crucial to hire an attorney who has experience with these cases. You should not pursue a claim on your own because you could end up with a much lower settlement amount than you deserve.
Filing the Motorcycle Accident Lawsuit: What to Expect
With the help of an experienced motorcycle accident lawyer, you can file a claim. But what does this process involve? First, you will have to consult with a lawyer to see if you have a viable case. By assessing the police report and all other evidence you have, your motorcycle accident attorney can help you understand the kind of damages you could receive.
Your lawyer can then file a claim with the other driver’s insurance company stating what economic and non-economic damages you’re seeking to help you pay medical bills, cover lost wages, and address pain and suffering.
The insurance adjuster will review the claim, and negotiations can begin. If the negotiations fail and a fair settlement isn’t possible, your lawyer can file a lawsuit.
This legal process starts with your lawyer filing an official complaint. The content of this complaint generally states the serious injuries you sustained, the further losses you suffered, and the settlement that you need.
The Discovery Phase: Gathering Evidence and Building Your Case
San Francisco motorcycle accident expectations often lead people to believe that just sending a complaint to the insurance company is enough to get them to negotiate in good faith, but that’s rarely so. Instead, the next step in the formal proceedings is usually to begin discovery.
The discovery phase allows you to learn vital information on how the motorcycle accident occurred. This information could reveal the other driver’s negligence, the severity of all of the injuries involved, the extent of the property damage, and a number of additional factors that could impact your motorcycle accident case.
During discovery, you and witnesses might be required to answer written questions or allow inspections of your property. In some instances, you may even have to testify under oath about the case.
Expert witnesses may also be called up to offer insight into how certain injuries occurred. Aside from medical professionals, accident reconstruction experts could also be used to show the potential reasons the motorcycle collision occurred. This can be helpful in multi-vehicle accidents.
Throughout the discovery phase, both parties can file motions to have the court rule on specific concerns. If, for example, the at-fault driver refuses to disclose certain information, a motion in court could order them to do so. It’s also possible to file to have an expert barred from testifying if there are credibility concerns.
At any point during the discovery phase, it’s possible to achieve a fair settlement. If that’s the case, there’s no need to continue the lawsuit.
Settlement Negotiations vs. Trial: What to Expect
Achieving a motorcycle accident settlement is typically the goal. Settlements allow you to get the compensation you need more rapidly. That’s not the case with trials. At trial, a judge or jury decides on the damages you receive, but getting to that point can take a substantial amount of time.
All of the pre-trial motions that each side may file slow the process because each motion depends on the court’s schedule. Insurance companies are known for doing everything they can to delay both settlements and trials.
This is a tactic they use to get the victims of accidents to accept low offers. You can expect them to try to do the same if you go to court to get compensation for your motorcycle accident injuries.
Once the trial starts, each side will present evidence, including expert and eyewitness testimonies. The burden of proving that the defendant is liable for the crash falls on the plaintiff, so having an experienced motorcycle accident attorney to gather and present the evidence is paramount.
If you have a jury trial, the jurors will deliberate and decide on an outcome. In some instances, only a judge may hear the case, and they will offer a verdict. The court will address the exact amount of economic and non-economic damages you’re entitled to.
How the Statute of Limitations Affects Your Motorcycle Accident Lawsuit
When considering what to expect in a motorcycle accident lawsuit, you also should keep in mind that you don’t have an unlimited amount of time to file a claim or lawsuit. In California, you generally have two years from the date of the accident to file a motorcycle injury claim. There could be factors that shorten this timeline further, though, putting you at risk of missing the deadline if you’re not paying close attention.
If you don’t file the claim or lawsuit on time, you can be barred from recovering any losses. Having experienced representation can help ensure that this doesn’t happen, especially if you’re dealing with a complex case that involves government entities or a number of parties.
Verdict and Compensation: What Happens After a Lawsuit?
Once a verdict comes in, either from the jury or a judge, there could be additional motions that you or the other party could file. Appeals are possible, which prevents you from getting compensation until that process is handled. This is another reason why personal injury lawyers often prefer to settle.
If there are no appeals, you should be able to collect compensation. Your winnings will typically go first toward paying your attorney’s fees, since they work on contingency. The exact amount you will pay them will depend on many factors, including the complexity of the case and how much the award is for.
Your lawyer may then pay further expenses, like your medical bills, before giving you the rest of the award. The goal is to receive enough compensation to cover your lost wages and medical expenses, including future ones, as well as address the emotional and physical distress you experienced because of the crash.
Why Delfino Green & Green Is the Right Law Firm for Your Motorcycle Accident Lawsuit
Experiencing a motorcycle accident can leave you with medical bills you don’t know how to pay and injuries that prevent you from living your life as you used to. By hiring an experienced motorcycle accident lawyer, however, you can have a chance to recover the losses you sustained.
At Delfino Green & Green, our seasoned team of personal injury lawyers can help you understand your rights and fight to protect them. We have decades of experience representing people just like you who have suffered because of the actions of others, and because we are trained litigators, we don’t hesitate to take cases to trial if that is in our clients’ best interests.
We understand the distress you’ve experienced, which is why you can depend on us to provide the compassionate and personalized assistance you deserve. Whether you have suffered minor injuries or you need extensive medical treatment, you can trust us to support you throughout the process.
Contact our dedicated team of motorcycle accident attorneys to schedule a free consultation today.