Lodi Motorcycle Accident Attorney
A motorcycle ассіdеnt саn have devastating, life-altering consequences for the motorcyclist. If you or a loved one have bееn іnvоlvеd іn a ѕеvеrе motorcycle ассіdеnt, speaking to an experienced personal injury attorney is strongly recommended. A Lodi motorcycle accident lаwуеr will be a trusted partner in gеttіng the proper соmреnѕаtіоn уоu dеѕеrvе.Common Accidents In and Around Lodi
The California Office of Traffic Safety reported that roughly 12,000 California motorcyclists suffered devastating injuries in collisions in 2013 alone. If that was not bad enough, nearly 500 people died in motorcycle accidents. This means thousands of lives are adversely affected by motorcycle wrecks each year, just in California.Motorcycle Accidents and Catastrophic Injuries
When someone riding a motorcycle gets hit by another vehicle, the harms and losses are often devastating and potentially permanent. This is because the motorcyclist typically absorbs the entire force of the collision while the occupant of a larger vehicle is shielded by airbags and other safety devices.
A major study was conducted by the Centers for Disease Control, and Prevention (CDC) concerning the traumatic injuries motorcyclists endure when they are involved in a collision. The results were shocking. They showed that approximately 30 percent of injuries to bikers are in the lower extremities (including legs and feet). Also, 22 percent of motorcyclists suffered severe injuries to their head and/or neck.
Other types of serious injuries include the following:
- bone fractures and sprains
- Facial lacerations
- Brain trauma
- Spinal cord injuries, including paralysis
- Knee injuries
- Back and neck injuries
- Shoulder injuries
- Muscle Tears
- Nerve damage
As you can see, these injuries are quite severe and may require months or weeks of rehab to fully recover, if ever. This is why it makes sense to speak to a Lodi motorcycle accident attorney about pursuing a personal injury claim.What Can Be Pursued Through a Motorcycle Accident Injury Claim
An injured motorcyclist can pursue compensation for the following economic and non-economic damages:
- Medical expenses such as emergency room bills, rehabilitative care, prescription medication, and so forth.
- Lost wages as a result of missing time from work
- Pain and suffering damages, including emotional stress, psychological damage, and mental anguish associated with the wreck.
The amount of compensation you can reasonably expect to recover through a personal injury claim depends, in a great measure, on the amount of the available automobile insurance coverage between the reckless driver that hit you and your own policy. Unfortunately, many California drivers only carry a bare minimum automobile insurance policy. If that is the case and your injuries are catastrophic, you should consider filing a separate injury claim through the uninsured or underinsured motorist coverage that you have under your own auto insurance policy.What Needs to Be Proven in a Motorcycle Accident Injury Case
In a motorcycle accident injury lawsuit, the burden is on you to prove that the other driver was liable for your harms and losses. This means specific legal elements need to be proven by a preponderance of the evidence. The key legal elements include showing that the other driver owed a duty, they breached that duty, that breach caused your injuries and actual damages.
For example, drivers in California owe a duty of care to other motorists on the road to operate their vehicles in a safe and reasonable manner, including motorcyclists. If a driver was drunk, changing lanes abruptly, was texting and driving when they hit your motorcycle, that would constitute a breach. You must then prove that the collision caused your harm (fairly easy to prove) and that you suffered economic and non-economic damages.Why You Need a Lodi Motorcycle Accident Lawyer
The process of filing and negotiating a motorcycle accident claim can be complex and overwhelming for someone who has never had to deal with an insurance adjuster. Motorcycle accident injury lawsuits feature multiple moving parts and deadlines including pre-trial discovery, settlement negotiations, speaking to witnesses, etc. A lawyer can help by handling these tasks so you can focus on your recovery.
Hiring a Lodi motorcycle accident lawyer is also wise because you will likely receive a larger settlement from the other driver’s insurance company. No one can guarantee how your injury case will turn out, but there is statistical data showing that individuals who are represented by a lawyer obtain larger settlements and jury verdicts when compared to others who lacked legal counsel.
The following YouTube video explains more how why you should hire a motorcycle accident lawyer.Statute of Limitations Limits Time to File Lawsuit
The California legislature enacted a statute of limitations that limits the amount of time a claimant may file suit against a defendant. According to California Civil Procedure Section 335.1, an injured individual has two years from the date of the accident to file a lawsuit against the other driver. This means if you fail to get the lawsuit filed within two years, your motorcycle accident case will likely be barred from going forward. As you can see, you should not delay in taking legal action. Taking action right away is also beneficial because your lawyer needs time to develop a persuasive case, collect evidence, interview witnesses, etc.The Traumatic Nature of Motorcycle Accidents
Suffering an injury from a motorcycle accident can be a traumatic and stressful experience. Your injuries may be so serious that multiple surgeries and weeks of rehabilitation are required to get back to 100 percent. This is why you need to hire an experienced Lodi motorcycle accident attorney who has a track record of securing large settlements and jury verdicts on behalf of their clients. A link to my past verdicts and settlements appear below.Contingency Fee Basis – No Upfront Fees
I take cases on a contingency fee basis. This means you pay no fees upfront. I don’t get paid until the successful outcome of your case. So why not call today? It is free to call and talk to me. When you contact me, we will go over the details of the motorcycle accident and see how best to proceed.Lodi Motorcycle Accident Attorney
I’m Ed Smith, a Lodi Motorcycle accident attorney. If you or someone you love has been injured in a motorcycle accident or suffered wrongful death as a result of one, please call me as soon as possible for free, friendly advice at (209) 227-1931 or (800) 404-5400.
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Editor’s Note: This page has been updated for accuracy and relevancy [cha 11.18.19]