Motorcyclists enjoy exploring countless miles of roadways in San Bernardino, the city within the biggest county in California and the United States. But sadly, motorcycle accidents occur on a daily basis here. The aftermath is a series of mild and grave injuries or even death in some instances.
Some victims sustain long-lasting damage while others may take weeks or months to recover. This could take a massive toll on the victim's dependents, both emotionally and financially. A San Bernardino motorcycle accident lawyer can help you get the compensation you deserve.
REQUEST A FREE CONSULTATIONEstablishing Responsibility After a San Bernardino Motorcycle Accident
While there are specific risks associated with riding a motorbike, this does not mean that a motorcyclist is always (or even typically) to blame for a crash. The injuries sustained by the victim are the responsibility of the party who was negligent and triggered the incident.
Various entities who frequently cause motorbike accidents include:
Reckless Drivers
When another vehicle is involved in the collision, your San Bernardino motorcycle accident lawyer may hold the operator of that vehicle accountable if they were reckless. They have a responsibility of being alert on the road, and they can be deemed negligent if they:
- Neglect to check blind spots or fail to obey traffic lights
- Drive while intoxicated or inattentive
- Drive too close or too fast
- Create an unjustifiable obstruction, like opening a door into a motorcycle’s path
Even though you may have a good sense of what characterizes negligence from a driver’s behavior, you should consult a lawyer to determine the strength of the evidence in your particular case. Expecially if the driver is operating under a common carrier license or company. While they are held to higher legally duty of care, many accidents caused by common carriers are the result of the same negligence exercised by standard driver. Yet, holding them responsibly can be difficuilt if not for the help of an attorney with experience going up larger commerical companies and municipalities.
Mechanics or Automakers
If the motorbike or another vehicle engaged in the collision malfunctioned and contributed to the collision, you should determine whether negligence lies in improper assembling or repairing of the vehicle. If it does, any injuries sustained are the manufacturer’s or the mechanic’s fault.
Whatever mechanical fault is pertinent, such as brake problems, tire flaws, poorly installed parts like handlebars, as well as the unsafe implementation of any safety mechanisms need special attention.
You can seek specialists with the aid of a San Bernardino motorcycle accident attorney to make sure you have foolproof evidence of the vehicle’s flaws.
Federal Agencies and Local Authorities
Motorcycling is very risky on poorly maintained roads or other traffic dangers. An attorney can assist you in determining whether you are eligible for compensation from a government body, such as a local authority, that has failed to meet its obligations regarding road upkeep.
Damages Payable in a Motorcycle Accident in San Bernardino
You have a right to be compensated for your damages after proving that another person’s negligence or purposeful behavior caused the accident and your wounds. Damages often mean covering any losses you could have sustained because of the crash. If you sustain a fracture to your knee verus suffering damage that prevents knee mobility, the damages you receive will depend on whether your knee injury will eventually heal or not.
Therefore, it is crucial to account for all ailments, besides the actual medical costs. Additional damages include:
- Non-obvious medical costs: This includes the expenses allotted to ambulance services, prescription drugs, future care—such as physiotherapy, home adaptations, and transport to and from the doctor.
- Lost earnings: You’ll need to provide any adverse effects on your current and future earning potential in your claim for lost income. Your lawyer will work with specialists in calculating these damages.
- Property damages: If your bike is damaged in your accident, you may be able to receive compensation for that.
- Lack of enjoyment: This caters to the loss you suffer when you don’t engage in worthwhile activities, like playing sports or emotional suffering.
- Punitive/exemplary damages: These don’t apply very often. Instead of making up for a victim’s losses, these damages penalize the accused for outrageous actions.
Your San Bernardino motorcycle accident attorney will build a thorough damages evaluation that may assist you in comprehending the damages due and working with the relevant professionals for insight. This will allow you to better assess any settlement offer made by the other side.
The Statute of Limitations on Motorcycle Accident Claims?
The state specifies a deadline for submitting a San Bernardino motorcycle accident claim. You have just two years from the day of the incident to launch a civil personal injury claim, even if you suffered severe injuries or lost use of the bike because of the crash.
However, your time reduces to just six months when a government entity is involved. This means that you should take action as soon as you can after the accident to increase your chances of receiving fair compensation.
How a San Bernardino Motorcycle Accident Lawyer Can Help
When engaging with an at-fault party’s insurer, victims frequently experience bias. To lessen their responsibility for the collision, the other party will probably try to blame you. A knowledgeable accident lawyer will ensure your case is strong and that you receive fair treatment.
The first step your attorney will take is to get tangible proof of the other party’s negligence. This might include:
- Police reports
- Witness accounts
- Medical files
- Records of lost wages
- Any video evidence from traffic cameras or nearby buildings
- Photo proof from the location of the accident
The likelihood of receiving appropriate compensation when negotiating a deal with the insurer significantly increases if you have a lawyer on your side. By appointing legal counsel, you strengthen the likelihood of a suit. This may highly motivate the underwriter to strike a settlement agreement.
Another reason to get legal assistance as soon as possible is so that your case can be filed within California’s statute of limitations. The statute of limitations is a law that mandates the timeframe to file a personal injury claim. In California, the statute is two years from the date of your motorcycle accident.
If you fail to file your lawsuit within the two-year statute, your right to use the civil court system to recover money for your damages no longer exists. Your Los Angeles motorcycle accident attorney will be keenly aware of when the statute of limitations expires in your case and will work to ensure this deadline is not missed.
Contact Kash Legal Today to Speak With a Seasoned San Bernardino Motorcycle Accident Lawyer
With motorcycle collisions, motorcyclists are less protected than drivers of other automobiles. Cuts and bruises, amputations, organ damage, spinal cord injuries, and fatalities are all potential outcomes of motorcycle crashes. Such and other damages deserve fair compensation.
At Kash Legal, our attorneys are dedicated to working collaboratively with you in order to get fair recompense for your damages. For a free consultation, call (888) 527-4128 now or fill out our contact form.
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