Motorcycle accidents tend to be very serious due to the lack of protection that motorcyclists have compared to other vehicles on the road. Further, dealing with complicated insurance and negligence laws, high medical bills, and paperwork can make the entire experience and process following the accident more frustrating.
However, the team of experienced Pomona motorcycle accident lawyers at Kash Legal is here to help ease this process. We will take care of all the paperwork and deal with any issues arising from insurance so that you can focus on your health and recovery. Our Pomona motorcycle accident attorneys will do everything we can to ensure you receive fair compensation according to the details of your case.
What Should I Do After a Motorcycle Accident?
If you have been in a motorcycle accident, make sure you and anyone else involved in the accident first receives medical attention. Even if you think your injuries are small, it is advised to get medical assistance. Some injuries may take time to manifest or appear minor to the naked eye, but later prove serious.
Then, once you are safe, contact the authorities. If possible, try to get the insurance and contact information of any other drivers, as well as the contact information of any eyewitnesses at the scene of the accident.
Finally, it’s important to get in touch with an experienced Pomona motorcycle accident lawyer as soon as you can, especially before speaking to any insurance claims officer.
Common Injuries Associated With Motorcycle Accidents
Unlike other motor vehicles, motorbikes offer little protection in a crash. Therefore, your body takes the full impact of the accident, which may cause serious or life-threatening injuries. The following are the most common injuries sustained in motorbike accidents:
- Traumatic brain injuries
- Friction burns
- Knee injuries
- Spinal cord injuries
- Neck and back injuries
- Broken bones and fractures
- Bruising, scarring, disfigurement
- Internal organ damage
- Wrongful death
Recovery from such injuries requires time, lifestyle changes, and treatment. In such cases, you should be able to recover compensation for the damages you sustained due to the accident.
Proving Fault for a Motorcycle Accident in California
California is a comparative negligence state. This means that the plaintiff needs to prove negligence on the part of the defendant so as to get compensated for their damages.
Further, fault can be shared by multiple parties according to their degree of liability. For example, more than two drivers can be liable in a motorcycle accident. Therefore, the compensation awarded to you will be paid by each party according to their respective percentage of fault. To prove negligence in a personal injury claim, the plaintiff needs to establish the following elements of negligence:
- Duty of Care: Motor vehicle drivers owe other road users, including motorcyclists, a duty of care by driving safely and obeying traffic rules.
- Breach of Duty of Care: The defendant failed to uphold this duty of care by being careless, distracted, or exhausted while driving.
- Causation: The failure to uphold the duty of care directly caused the plaintiff’s injuries.
- Damages: Damages suffered as a result of the accident.
Working with a motorcycle accident lawyer can help make sure the responsible parties are held liable and that you get the compensation you deserve following an accident.
Damages Available in a Motorcycle Accident Claim
Every driver in California must carry auto insurance that meets the minimum requirements in the state. Unfortunately, the minimum requirement may be unable to cover the full damages of a severe motorcycle accident.
The at-fault party pays the plaintiff compensatory damages as directed by the court. Besides compensatory damages, California law allows for punitive damages to be awarded in cases of gross negligence, such as distracted or intoxicated driving. Punitive damages are meant to punish the at-fault driver and to serve as a deterrent for other drivers.
Compensatory damages are awarded in two forms:
Economic Damages
These are monetary damages suffered due to the accident. They can be proved using receipts, invoices, or other billing forms. They include future and current treatment costs, lost wages, lost earning capacity, and property damage. California allows personal injury plaintiffs to seek full repayment for all economic damages from the accident.
Non-Economic Damages
These are non-monetary damages that victims who sustained catastrophic injuries can claim. They include pain and suffering, emotional distress, and permanent disfigurement. This type of compensation is more difficult to quantify. However, your motorcycle accident lawyer will be able to estimate the non-economic compensation you can receive.
The Statute of Limitations in California
The state allows plaintiffs two years from the date of the accident to pursue a personal injury claim. However, if your claim is against a government entity, this time is reduced to six months. Because these cases can take months or even years to resolve, you need to speak to a motorcycle accident lawyer as soon as possible to start your claim.
Contact Our Pomona Motorcycle Accident Attorneys Today
The qualified team at Kash Legal understands how frustrating and stressful the time following a motorcycle accident can be. We also understand that your full focus should be on your or your loved one’s recovery. That is why we are here to help you with all legal matters and to help you get the highest possible compensation for your injuries.
Contact our experienced Pomona motorcycle accident lawyers to get started on your case. We offer a free consultation where we analyze the details of your case and determine whether you are eligible to file a claim. Use our online contact form or call us today at (888) 527-4128.
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