2024 What to Do After a Motorcycle Accident in California?

2024 What to Do After a Motorcycle Accident in California?
Sep 28, 2023

Motorcycles may be fun to ride, but it is vital for every rider to acknowledge the inherent risks these vehicles present. Motorcycles lack the safety features found in most enclosed passenger cars, such as airbags, seatbelts, and frames designed to crumple and absorb crash impacts. When a motorcycle accident happens, the rider can very easily suffer catastrophic or even fatal injuries.

If you are involved in a motorcycle accident, the first steps you take in the aftermath can have dramatic effects on your recovery efforts. The recovery process after a vehicle accident typically begins with an auto insurance claim, and then the victim must file a personal injury claim against the at-fault driver when insurance alone cannot compensate them for their losses. Navigating these recovery efforts will be easier when you have legal counsel you can trust on your side.

First Steps After a Motorcycle Accident

Your health and safety should be your primary concern after motorcycle, bicycle or any vehicle accident. If you are seriously hurt, do not move and risk making your injuries worse. Wait for first responders to arrive, and they will render medical care and transport you to the nearest hospital. If you feel well enough to move, do so carefully and report the accident to 911 immediately if no one has already done so. California law requires drivers to report all accidents resulting in property damage, bodily injury, or death.

After the police arrive at the scene, they will want to question everyone involved. If you are seriously hurt, they may visit you in the hospital after you stabilize. It’s important that you refrain from admitting any type of fault for the accident, even if you think you may be partially responsible for causing it. Answer their questions honestly and concisely, and then reach out to a motorcycle accident attorney you can trust to help you recover.

Your attorney can be invaluable for every step of your recovery process. The state’s fault rule means that you must prove liability for the accident before you can recover any compensation through an auto insurance claim and/or personal injury suit. Your attorney can help gather the evidence needed to prove fault, assist you in calculating the full extent of the damages you can claim from the at-fault driver, and determine the optimal path to recover as fully as possible.

There is a short time limit for filing an auto insurance claim after any accident, and you will face the statute of limitations if you intend to pursue a personal injury claim when insurance cannot fully compensate your losses. In both of these recovery efforts, an experienced attorney is an invaluable asset who can not only help you succeed with your claims but also maximize the compensation you obtain from the at-fault driver.

FAQs

How Common Are Motorcycle Accidents?

Motorcycle accidents are less common than passenger vehicle accidents, but this is only due to the fact that there are far fewer motorcycles on roads than passenger cars. Motorcyclists not only face the same risks as all other drivers but also greater danger in certain situations due to their small size compared to most other vehicles. Additionally, motorcycle accidents are more likely to cause catastrophic or fatal injuries due to their lack of safety features compared to enclosed passenger cars.

How Do You Prove Fault for a Motorcycle Accident?

Proving liability for your motorcycle accident is likely to require a combination of different types of evidence, including physical evidence from the scene of the crash, witness testimony, and even input from expert witnesses. California follows the pure comparative fault rule, so it is possible for more than one party to bear liability for an accident, including the plaintiff filing the claim. An experienced attorney can help their client gather the proof they need to establish liability for the accident.

How Much Compensation Can You Claim for a Motorcycle Accident?

The total potential value of any motorcycle accident case hinges on the nature of the victim’s damages. Once they prove fault for the accident, they will have the right to claim full repayment of all economic damages they suffered, along with compensation for their pain and suffering. You may be able to identify immediate economic damages on your own, but accurately calculating the full long-term impact of your accident will be difficult without legal counsel advising you.

Do I Need to Hire an Attorney After a Motorcycle Accident?

You are not obligated to hire legal counsel for a motorcycle accident claim, but having legal counsel you can trust on your side will make facing your proceedings easier. The right attorney can help maximize your case award and streamline the process of securing the compensation you deserve from the at-fault driver. You are more likely to succeed with any recovery efforts you attempt in the aftermath of a motorcycle accident when you have an experienced legal representative defending you.

What Will It Cost to Hire a Motorcycle Accident Attorney?

The majority of personal injury attorneys accept cases on a contingency fee basis. This means the client is not required to pay any attorneys’ fees upfront, nor do they pay ongoing attorneys’ fees during their case proceedings. Instead, the attorney takes a percentage of the final case award they win for the client, but only if they win the case. There is no fee for the client if the attorney is unsuccessful with their claim, eliminating the financial risk of hiring an attorney.

A motorcycle accident has a high chance of causing serious bodily injuries and extensive economic harm to the victim and their family. If you find yourself in the aftermath of a motorcycle accident, one of the most important things you can do to improve your chances of recovering as fully as possible is to connect with an attorney you can trust with your case. Contact the Law Offices of David Davidi, APLC, today to schedule a free consultation with our team and learn how we can assist with your recovery.