With pleasant weather much of the year and some of the most spectacular scenery in the nation, many people enjoy riding their motorcycles throughout California, including in Orange County. Others rely on a motorcycle as a less expensive mode of transportation to get around Santa Ana. Unfortunately, motorcyclists often become injured due to the negligent actions of other roadway users, such as the drivers of cars and commercial trucks.
The personal injury claims process is used by motorcyclists to seek compensation for the expenses and impacts of their injury. While riders are not required to obtain a Santa Ana motorcycle accident attorney in order to use this process, the experience and guidance provided by a Santa Ana motorcycle accident lawyer—and the work provided by the Kash Legal team—are often important ingredients for the claim’s success.
The motorcycle accident injury claims process in Santa Ana generally begins when a value is established for the claim and it is filed against the at-fault party’s auto liability insurance policy. The insurance provider who services that policy assigns the claim to a claims adjuster, who will evaluate it on behalf of the insurance company and determine whether compensation is owed to the claimant, and how much. It is important to understand that the claims adjuster works to serve the interest of the insurance company, which is to pay as little as possible on claims.
The claims adjuster has three choices when dealing with a Santa Ana motorcycle accident claim. If the at-fault party’s insurance provider fails to compensate the claim in full or enter into a settlement agreement with the claimant that resolves the claim, it can be filed as a personal injury lawsuit so that a judge or jury can make determinations on matters such as liability and compensation.
Liability refers to the legal responsibility that someone has to compensate others if their negligent actions cause physical harm or property damage. The ability to prove that someone else was liable for the motorcycle accident in which the rider or their passenger was injured is the cornerstone to a successful claim. Liability in motorcycle accident cases is generally proven by showing the following elements:
A Santa Ana motorcycle accident lawyer will gather evidence and witness testimony to prove these elements and will also obtain medical and other documentation to justify the established value of the claim.
Motorcycle accident claimants in Santa Ana can seek compensation for two types of loss:
In rare cases, a motorcycle accident claimant can also seek punitive damages. Punitive damages are awarded when a claimant can prove their injuries were the result of the at-fault party’s malice, oppression, or fraud. The purpose of this type of compensation is not to repay the claimant for the expenses and impacts of their injury, but to punish the defendant for outrageous behavior.
Motorcyclists in Santa Ana face a significantly higher risk of becoming injured or killed when involved in an accident for a variety of reasons, including the lack of protective features found on motorcycles, the reduction of stability resulting from riding on two wheels rather than four, and the reduction of visibility that the rider has to other roadway users. They also face the risk of being judged or chided within the medical and legal communities for their method of transportation, despite the fact that riding a motorcycle is a legal use of a public roadway.
The Kash Legal team is committed to assisting those injured in Santa Ana motorcycle accidents to obtain the maximum amount of compensation that is available for their claim. Let our experienced Santa Ana motorcycle accident lawyers help you understand California’s personal injury claims process and evaluate your claim for free. Contact us online or by calling (888) 527-4128.
We will be in touch within 24 hours.
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