Many people living in Fresno and surrounding communities of California enjoy riding motorcycles, and it’s important for every rider to know the risks these vehicles present. Even the most cautious and experienced riders with the highest-quality safety gear can suffer catastrophic or even fatal injuries due to the negligence or misconduct of other drivers. When motorcycle accidents happen, victims and their loved ones need to know their legal rights and the options available to them for recovering their losses.
The attorneys at the Law Offices of David Davidi, APLC, have years of experience providing compassionate and comprehensive legal counsel to victims of all types of personal injuries in Fresno, including those arising from motorcycle accidents. When these accidents happen, victims must prepare for complex legal proceedings in the form of auto insurance claims and civil suits. While every driver must have auto insurance that will cover any damages they cause in an accident, insurance alone may not fully cover the damages from a serious accident.
Whatever your motorcycle accident claim may entail, the team at the Law Offices of David Davidi, APLC, will guide you through each step of the recovery process. Our team has the resources and experience to determine what evidence you will need to firmly prove liability, how to maximize your insurance claim settlement, and what to do if you must file a personal injury claim to recover damages that insurance won’t cover.
The first step in recovering from a motorcycle accident or any other personal injury in Fresno is proving exactly how the accident happened. Your Fresno motorcycle accident attorney will help you obtain physical evidence, digital records, and witness testimony to support your claim. Most motorcycle accidents that occur in Fresno are the result of negligence, or failure to exercise reasonable care behind the wheel. When negligence causes an accident, the plaintiff must identify the at-fault driver and then prove they were negligent in a manner resulting in their claimed damages.
It is also possible for intentional misconduct behind the wheel to cause a motorcycle accident. Driving under the influence (DUI) is one of the most common examples of this, and the penalties for DUI typically include a heavy fine, jail time, and a driver’s license suspension. The defendant may also be required to complete a substance abuse treatment program and/or driver safety course. Penalties for DUI, reckless driving, and other criminal acts increase automatically when those actions result in bodily injury or death.
Your Fresno motorcycle accident attorney can assist you in gathering statements from anyone who saw the accident happen. Other drivers and bystanders can provide testimony to help an injured rider prove fault for their damages. Vehicle computer records, cell phone records, and traffic camera recordings often come into play in these cases. Ultimately, every motorcycle accident victim will face unique challenges in their recovery efforts, but having trustworthy legal counsel is beneficial to any plaintiff in various ways.
It’s important for all motorcycle riders to know the risks they face when it comes to injuries from accidents. A motorcycle offers very little physical protection when an accident occurs. Unlike larger enclosed vehicles that have crash-resistant frames, airbags, and seatbelts, a motorcycle offers very little protection from crash impact forces. A motorcyclist can suffer severe traumatic injuries both from an initial impact with another vehicle and a secondary impact from hitting the ground.
The risks of severe injury and death are much higher in a motorcycle accident than it is in any other vehicle accident. Many victims suffer broken bones, lacerations, injuries from road rash, or friction burn caused by sliding on asphalt, and traumatic brain injuries. A properly fitted helmet may reduce the risk of a catastrophic or fatal head injury, but it cannot eliminate the risk entirely. Riders who suffer severe injuries from their accidents will in turn face expensive medical bills and further financial strain from the inability to work and earn income as they recover.
Your Fresno motorcycle accident attorney will not only be an invaluable asset for helping you prove fault for your motorcycle accident but also for proving the full extent of the damages you can claim from the defendant. Under California law, you can seek compensation for both economic damages and non-economic damages.
The first option you have for recovering damages from a motorcycle accident is filing a claim against the at-fault driver’s insurance policy. Every driver in the state must have auto insurance that provides bodily injury liability coverage and property damage liability coverage if they cause an accident. Unfortunately, dealing with any auto insurance carrier representative can be incredibly stressful, and insurance companies have no incentive to pay out settlements. They tend to look for all the reasons they can find to deny claims or justify the lowest possible settlement offers.
Your Fresno motorcycle accident attorney will explain how you can avoid any such issues with the at-fault driver’s insurance carrier. They will assist you in drafting and submitting your demand letter to the insurance company, and once the insurance company sees that you have legal counsel it will be disinclined to attempt any bad faith handling of your claim. Your attorney will verify that the settlement offer is both fair and reasonable under the terms of the policy in question, and they will be ready to assist you should any issues arise with the insurer’s handling of your case.
After you have secured the maximum amount of compensation possible from the at-fault driver’s insurance policy, you can proceed with a personal injury claim if their insurance did not fully cover your damages. California law allows the victim of someone else’s negligence or misconduct to hold that at-fault party accountable for all the financial losses they caused. When you have an experienced Fresno motorcycle accident attorney working on your case, they can assist you in claiming compensation for the following:
You might be surprised to learn that your claimable economic damages amount to much more than you initially expected. When you hire the Law Offices of David Davidi, APLC, to represent you in a motorcycle accident claim, our goal is to maximize the economic damages you recover from the at-fault driver. However, you also have the right to claim compensation for your pain and suffering.
There is no limit to the amount of pain and suffering compensation a plaintiff in a motorcycle accident case can seek from a defendant in the state. The amount they claim must reflect the seriousness of their condition following their accident. If you suffered life-changing injuries that permanently disabled you, your attorney might seek a large lump sum calculated by multiplying your total economic losses by a factor of one to five. Alternatively, if you are expected to make a full recovery in the near future, they may seek a per diem settlement instead that awards compensation for each day you spend in recovery.
If you hire the Law Offices of David Davidi, APLC, to represent you in your recovery efforts, we will do everything possible to maximize the insurance settlement you receive and secure as much compensation as possible if you must file a personal injury suit as well. We have provided comprehensive legal counsel to many past clients in the Fresno area, and we’re ready to apply this experience to your recovery from a motorcycle accident someone else caused.
Liability for the damages resulting from a motorcycle accident falls to whichever driver caused the accident. In California, fault must be proven before an injured driver can recover compensation for their damages through insurance and/or a personal injury claim. If you are unsure who caused your accident or if you do not remember due to the seriousness of your injuries, it’s important to consult a Fresno motorcycle accident attorney as quickly as possible.
Under state law, the party responsible for causing a motorcycle accident bears liability for all associated damages. The total value of your motorcycle accident claim depends on the scope of the losses the at-fault driver inflicted with their negligence or misconduct. You have the right to hold the responsible driver accountable for all the economic losses you suffered from the accident, and you can claim pain and suffering compensation as well.
The time your case will take to be resolved depends on whether the at-fault driver accepts liability for your damages and agrees to a settlement. If they do, it should only take a few weeks to complete your insurance claim process and settle a subsequent personal injury case. However, many unexpected variables may arise to complicate your recovery process. If the defendant’s insurance company disputes your claim or the defendant refuses to accept responsibility for their actions, these factors could extend the time it takes you to recover your losses.
Technically, there is no law that states you must have legal counsel after a motorcycle accident or any other motor vehicle accident. However, you face several significant risks by trying to handle your recovery on your own. Working with an experienced attorney will streamline your recovery process and significantly reduce the chances of encountering problems you will now know how to resolve by yourself. Your attorney is also likely to secure more compensation for your damages than you may initially expect.
The Law Offices of David Davidi, APLC, can provide the legal counsel you need after a motorcycle accident, regardless of your financial situation. We take personal injury clients on a contingency basis, meaning there are no legal fees for our firm’s representation until we win our client’s case. The contingency fee paid at the end of a successful case is a percentage of the total amount recovered for the client, removing any risk of legal fees eclipsing their recovery.
The Fresno personal injury attorneys at the Law Offices of David Davidi, APLC, have successfully represented many vehicle accident clients in Fresno and surrounding communities. We know the legal challenges the average person is likely to face as they seek compensation for the damages they suffered because of someone else’s negligence or misconduct, and we strive to provide reassurance and effective legal support to our clients in these situations. Contact us today and schedule a conference with an experienced Fresno motorcycle accident attorney as quickly as possible to learn more about the legal services we offer.