Concord Motorcycle Accident Attorney
Without a doubt, motorcycle riders often get the short end of the stick when involved in traffic collisions in Concord, CA. That is because they do not have the same level of protection as a motor vehicle, leaving them susceptible to being ejected off a bike and suffering serious injuries. Parties injured in motorcycle crashes often require extensive medical care, and time is taken off work to recover. To make matters worse, insurance companies may prove challenging to work with regarding the claims process. Recovering financial compensation for resulting losses will require the assistance of the best motorcycle accident attorney in the area.
Our experienced attorneys at AutoAccident.com are committed to protecting your rights when you have been injured in a motorcycle accident in Concord, CA. Give us a call today to schedule a meeting and receive free, friendly case advice from one of our lawyers at (925) 428-5220 or (800) 404-5400.
At AutoAccident.com, our law firm has handled personal injury cases arising from motorcycle collisions since 1982. Our legal team will use our extensive experience, skills, and resources to work for you and your case in insurance negotiations and civil court. We are here to help you recover the financial compensation you need to move forward with your life after getting injured in a crash as a motorcyclist. Give us a call today to schedule a free case evaluation and learn more about how our attorneys can help you through this difficult time. We serve Contra Costa County as well as other counties throughout the state of California.Why Do Motor Vehicle Drivers Tend to Crash into Bikers?
Motorcyclists are often susceptible to traffic collisions because of negligent road drivers. Most motorcycle crashes are often the result of the following reasons:
- Driving too closely to motorcyclists
- Failure to yield the right-of-way to bikers
- Failure to check blind spots before turning or passing
- Not using the mirrors when backing up
- Opening the door of a vehicle in the direct path of motorcycle riders
When it has been determined through substantial evidence that the driver of a motor vehicle was responsible for the incident, they may be held liable for damages incurred. The injured motorcyclist may bring a bodily injury claim with the insurance company representing the other party to seek financial recovery.What Types of Damages are Recoverable in a Motorcycle Accident Case?
When a motorcyclist is involved in a crash caused by another party or entity, they may be entitled to the financial recovery of accident-related losses. Compensation may come in two types, economic damages, and non-economic damages. The former represents the financial losses the injured motorcycle rider has suffered because of the incident. In contrast, the latter considers the intangible harms they have endured in connection with the collision. Some of the damages that are recoverable through these cases may include but are not limited to:
- Medical expenses for treatment of injuries suffered in a motorcycle crash
- Lost wages for any earnings that have been lost because of recovery from accident-related injuries and to attend medical appointments
- Pain and suffering for the emotional suffering and physical pain the injured biker has endured
Costs of medical treatment for injuries suffered in a motorcycle collision may be staggering. Some injured parties may not be able to make a full recovery and require ongoing care. Working with the best motorcycle accident attorney in Concord, CA, will ensure that you are fairly compensated for any losses that you will reasonably incur in the future.What if the Other Driver Does Not Have Insurance?
It is not uncommon for motorcyclists to be involved in crashes caused by drivers with little liability coverage. That is because California was ranked as the tenth highest state, with the percentage of uninsured drivers at 16.6 percent, according to 2019 data in a report by the Insurance Information Institute (III). When faced with such a high risk, it is essential to carry higher uninsured and underinsured motorist (UM and UIM) coverage limits to protect yourself if you are involved in a crash caused by a driver with insufficient or no auto insurance.
How UM and UIM protection works is that it may fully cover or supplement damages not paid for by the at-fault party and their insurance provider, that is, if they have one. Even if the at-fault party has insurance, their plan may not go into effect if there is a lapse in coverage from failing to keep up with the payments. Having UM and UIM protection gives you peace of mind knowing that you will be covered in the event of a motorcycle accident up to the limits of your policy.
Remember that despite bringing a claim under your UM and UIM coverage, your insurer may not be fair regarding an insurance settlement. That is why working with a top-rated injury lawyer is essential if you have been hurt in a motorcycle accident in the Concord area. Unlike the insurance carrier, your attorney will have your needs and goals in mind throughout the legal process and work with difficult insurers and defense counsel to facilitate a successful resolution. Find the best attorney in your area by watching the video below.Why is it Necessary to Wear a Motorcycle Helmet?
According to the National Highway Traffic Safety Administration (NHTSA), the lives of 1,872 motorcycle riders were saved by helmets in 2017. An additional 802 lives would have been saved that year had all bikers worn helmets. Safety gear is crucial for protecting bikers from elements such as small debris and sun exposure and may also provide vital protection in the event of a traffic collision.
Helmet use is of utmost importance for motorcycle riders in the event of a crash. The reason is that a severe head injury is common among bikers killed in accidents. With helmets being approximately 67 percent effective in preventing brain injuries and 37 percent effective in preventing deaths among motorcyclists, according to NHTSA, it is undoubtedly the most crucial form of protective gear to use when riding a motorcycle.What If I Wasn't Wearing a Helmet and Got into a Motorcycle Crash?
Unique challenges may present in the personal injury claims process in the case of a motorcycle crash, leaving a biker with head trauma. The state of California follows a system of comparative fault. Under this legal doctrine, an injured party may receive financial compensation that is reduced based upon the percentage of negligence assigned to them. Evidence must be clear and convincing in that the injured individual had a role in the incident and their resulting injuries.
Not wearing a helmet while riding a motorcycle may qualify as comparative fault and reduce the financial recovery an injured motorcyclist receives. That is because the insurance company representing the other party may dispute the severity of serious injuries regarding helmet use. Questions may arise regarding whether the injured motorcyclist was wearing the helmet properly, utilizing a helmet that meets industry certification standards, and whether the helmet would have influenced the severity of head injuries.
Under these circumstances, a top-rated Concord motorcycle accident attorney may retain an expert witness that may provide insight on head trauma and helmet use. This may include a biomechanical expert with formalized anatomy, physiology, and engineering mechanics training. Such injury cases may prove challenging, but when you have the best lawyer, you may rest assured that your interests and rights as a motorcycle rider will be protected throughout the legal process.Is There a Time Limit on Personal Injury Cases?
The state of California imposes a strict filing deadline on personal injury claims known as the statute of limitations. Under the California Code of Civil Procedure Section 335.1, a lawsuit must be filed in civil court within two years of the incident date. The same deadline applies to wrongful death cases arising from fatal motorcycle crashes. Conversely, the filing deadline may be shortened to six months if a government entity is an at-fault party, as outlined in California Government Code Section 911.2.
Filing the case after the statute of limitations has expired may result in the court dismissing it and the claimant's loss of the right to financial recovery. Working with the best motorcycle accident attorney in Concord is imperative to the successful outcome of your case. A lawyer will work to ensure that all filing criteria and deadlines are met accordingly.Is it Worth Hiring an Attorney for a Motorcycle Accident Case?
When you have suffered traumatic injuries in a motorcycle collision, your priority should be your health and time spent with your family. You will have the time to do so when you retain legal counsel that will serve as your advocate and work on obtaining the financial compensation you need and deserve. Having the right attorney represent you is critical as they may assist with the following steps in the legal process:
- Conduct an independent investigation of the incident and determine the sequence of events leading up to the motorcycle collision
- Gather and preserve evidence that is related to the accident before it is lost or destroyed over time and send letters of preservation of evidence if necessary
- Communicate with insurance companies and defense counsel regarding the personal injury case on your behalf
- Negotiate a fair settlement that reflects past and future losses in connection to accident-related injuries
- Retain expert witnesses such as an accident reconstruction expert to determine the cause of the collision and a life care planner to provide insight on potential expenses in the future
- File the case in civil court if all attempts at a fair settlement agreement have been unsuccessful with the other side
- Take the case to trial for a judge or jury to decide an appropriate award for the injured party
When you are ready to discuss your motorcycle accident case with an experienced lawyer, give our law firm a call to schedule a free consultation. We would be honored to put our expertise and knowledge to work for you and your motorcycle accident injury case.Contact a Motorcycle Accident Lawyer in Concord, CA Today
Our skilled and experienced legal team at AutoAccident.com has advocated for injured motorcyclists and families of decedents in Contra Costa County and throughout California for over three decades. When you turn to us for legal representation, we will stop at nothing to obtain the financial compensation you need and deserve to move forward with your life.
Give us a call today at (925) 428-5220 or (800) 404-5400 to schedule a free case evaluation with one of our accident attorneys. We are available anytime to review your motorcycle crash case, discuss your options, and advise you on what to expect from your claim moving forward. We handle cases on a contingency fee basis, which means you don't owe us anything unless we obtain a successful resolution on your behalf.
Editor's Note: This page has been updated for accuracy and relevancy [cha 7.6.22]
Photo Credit: By "SplitShire" via Pixabay
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