Manteca Motorcycle Accident Attorney
It takes a motorcycle owner to truly appreciate the danger that bikers endure on the roadways on a daily basis. Despite aggressive ad campaigns trying to raise awareness of motorcycle accidents, collisions between cars and motorcycles remain quite common in and around Manteca.
Statistics bear out the conclusion that traveling by motorcycle is still one of the most dangerous ways to travel. In fact, motorcyclists are estimated to be 29 times more likely than car occupants to lose their life in a collision and almost five times more likely to be injured, according to the Insurance Information Institute.
Simply because motorcycles are considered to be a more dangerous form of transportation does not mean that accident victims do not deserve financial restitution for their injuries. California law provides just as much protection to motorcycle riders as to motorists and pedestrians. Cars have a legal duty to share the road and not drive to the reckless abandon of motorcyclists.Frequent Causes of Manteca Motorcycle Accidents
Accidents involving a motorcycle and another vehicle can occur in many different ways including:
- A driver rear-ending a motorcyclist
- The city or state negligently placed dangerous and hazardous objects in the road
- A driver failed to yield
- Hit and run accidents
- Distracted driver colliding with a motorcyclist
- Drunk driver colliding with a motorcyclist
While automobile safety features have dramatically improved over the years, no one disputes that motorcycles, scooters, and mopeds simply do not provide the same level of protection that cars, trucks, and vans offer to the operators of these vehicles. This is why it is so common for a motorcyclist to bear the brunt of the bodily damage when they are hit by another vehicle or are forced off the road by a negligent driver.
Motorcycle accident injuries can be severe including lacerations, scarring, broken bones, open wounds, paralysis, brain damage, ligament damage, loss of limbs, etc.Types of Recoverable Damages
California’s personal injury laws generally allow motorcycle accident victims to pursue a financial recovery for their harms and losses. You can pursue through compensation either by going to court or by settling with the other driver’s insurance company. The types of damages you could conceivably recover include economic damages such as reimbursement for your medical bills. This often includes the cost of surgery and emergency room care, as well as future medical costs like rehabilitation treatment and prescription medications.Wage Loss Claim
Along with your medical bills, you can pursue reimbursement for wages you lost because you had to miss work to recover from your injuries or take time off to go visit your doctor(s). Lost wages can include wages that would have been earned during the injury recovery period as well as any wages that would have been earned in the future if you are permanently disabled as a proximate result of the collision.Pain and Suffering
In addition to economic damages, you can pursue recovery of non-economic damages. These are commonly referred to as pain and suffering damages. This includes compensation for the mental anguish, inconvenience, and anxiety associated with the collision. These are those harms and losses that are difficult to calculate and put on a spreadsheet. For example, what dollar value can you place on the ability to walk? Or the loss of a limb?Punitive Damages
In rare instances, you may be able to seek a punitive damages award from a jury. These are monetary damage specifically intended to harm the at-fault driver. But they are typically only available when there is clear evidence that the other driver’s conduct was shocking and outrageous.Why You Need a Manteca Motorcycle Accident Lawyer
Motorcycle accidents often pose complex factual and legal issues. Savvy insurance adjusters and insurance defense attorneys will often contest liability and try to devalue your claim in an effort to intimidate you or hope that you miss the statutory deadline for filing a personal injury lawsuit. This is why it makes so much sense to have the services of an experienced Manteca motorcycle accident lawyer on your side. Not only can a lawyer navigate through the sly defense tactics, but they can also provide peace of mind that your case is being taken care of in a responsible and professional manner. They help level the proverbial playing field.Proving a Motorcycle Accident Claim
Having an attorney on your side is also beneficial because proving a motorcycle accident claim is not easy. California law requires that a plaintiff prove, by a preponderance of the evidence, that the other driver was negligent. This means that your lawyer needs to introduce evidence showing that the defendant driver acted unreasonably under the circumstances (i.e. breached a duty of care) and that breach proximately caused your harms and losses. To present sufficient evidence, there needs to be an extensive investigation into the accident, interviews of witnesses, reviewing photographs of the accident and other relevant issues. A seasoned Manteca motorcycle accident lawyer is ready and able to handle these tasks.Be Cognizant of Statutory Deadlines
In California, a motorcycle accident lawsuit must be filed within two years of the accident to be eligible for financial recovery. This is due to the statute of limitations. Each state has its own set of such statutory deadlines for civil claims and California is no different. This is why it is so critical to contact a Manteca motorcycle accident attorney right away so they can begin working on your case.Holding the At-Fault Party Responsible
A serious motorcycle accident can have life-altering consequences. A serious injury can take weeks, months, or years, to fully recover from, if ever. You may have to endure multiple surgeries and spend a significant amount of time visiting doctors. These are major harms and you should hold the at-fault driver responsible for their negligence.
Watch the following YouTube video for more information on what to look for in a motorcycle accident lawyer.Manteca Motorcycle Accident Attorney
I’m Ed Smith, a Manteca motorcycle accident lawyer. If you or someone you hold dear has been injured or passed away in a motorcycle accident due to a negligent motorist, please reach out to me today for free and friendly advice. I can be reached by calling (209) 227-1931 or (800) 404-5400. It won’t cost you anything to call and talk to me. I take cases by contingency fee. You pay nothing up front. I get paid if and when I win your case.
You can see Verdicts and Settlements I’ve obtained here.:sb bw [cs 1173]Photo by PixabayEditor’s Note: This page has been updated for accuracy and relevancy [cha 7.3.19]