Tracy Motorcycle Accident Attorney
Motorcycle accidents can be quite horrific in many instances. Since a motorcycle is smaller than your typical commuter car or pickup truck, the person on the motorcycle is more likely to incur a serious bodily injury.Serious Motorcycle Accidents
Motorcycle accident deaths are disturbingly high. For example, motorcyclists only account for three percent of vehicles on the U.S. roads and highways, yet they accounted for fourteen percent of all U.S. motor vehicle-related fatalities, according to the Los Angeles Times.
The National Highway Traffic Safety Administration (NHTSA) estimates that 4,885 motorcyclists in the U.S. were killed in traffic accidents in 2017. Of those killed, 28-percent were alcohol-related, while 32-percent were due to speeding.Pursue Financial Restitution
If you or a family member was seriously injured in an accident while riding your motorcycle, you have the ability to pursue financial restitution for your harms and losses through a Tracy motorcycle accident injury claim.Types of Monetary Compensation
Generally, there are two types of damages you can recover through this type of claim – economic damages and non-economic damages. Basically, economic damages are those harms and losses you can easily calculate with invoices, pay stubs, and receipts. Non-economic damages are not so easily calculable. They usually include the mental anguish, stress, frustration, and psychological damage associated with the accident. Below is a brief overview of each form of compensation.Reimbursement for Medical Costs
Reimbursable medical expenses are those costs you’ve incurred in treating the bodily injuries you suffered from the collision. Since they are measurable, they are part of economic damages. The medical expenses that can be reimbursed include the medical bills you incurred as a result of the collision and future medical expenditures such as physical therapy, surgery, prescription pain medications, etc.Reimbursement For Lost Income
When you get involved in a motorcycle accident, you might be unable to work for a period of time. It could be days, weeks, or months (typically depending on the severity of the collision). You can seek reimbursement for the loss of your present wages. This can be established by submitting evidence of past pay stubs or tax returns. In most instances, your loss of present wages doesn’t mean you can’t work anymore. It is intended to compensate you for the income you would have earned had it not been for the motorcycle accident.Reimbursement for Losing Future Income
In addition to present wages, you may be able to pursue future wages. This usually applies when your injuries are so severe that you cannot return to work for an extended period of time or you are permanently disabled. Calculating future earnings can get quite complex, especially if you will need to project out years or decades of earnings. Your Tracy motorcycle accident attorney can retain the services of an economist to help determine future earning potential.Compensation For Your Pain and Suffering
The pain and suffering you endure because of the accident is more intangible and less concrete than your medical expenses and lost wages. They include waking up in the middle of the night with a pounding headache or low back pain. They include missing your child’s baseball game or tennis match because you had to go visit the physical therapist. They include not being able to help your spouse take care of the house or make dinner. A good way to express these damages to a judge or jury is by keeping a daily journal describing the inconvenience and troublesome aspects of trying to manage daily activities with a serious bodily injury.Understanding Comparative Negligence
The liability of both you and the defendant is also a great determiner of the measure of compensation you can reasonably receive through this type of claim. If the defendant is not fully liable and you contributed to causing the collision, you can still obtain financial compensation, but it may be reduced.
This is because California adheres to the theory of comparative negligence to determine the amount of compensation that may be awarded in a Tracy personal injury claim, including a motorcycle accident claim.
For example, let’s say you have $75,000 in economic and non-economic damages. However, you were found to be 25 percent at fault by a jury for causing the accident. The compensation you would likely get will be reduced by 25 percent.Legal Fee Contingent on Getting a Financial Recovery for You
Most defense lawyers and corporate lawyers charge hourly rates for cases they handle. However, the vast majority of Tracy motorcycle accident attorneys do not charge clients an hourly fee or ask for a big retainer fee. Instead, motorcycle accident attorneys work on a contingency fee. This arrangement allows you to hire a top-notch attorney without having to pay any money upfront and you do not pay anything during the course of your personal injury claim. Your lawyer only gets paid when they obtain a financial recovery for you through a settlement or jury verdict. When the lawyer obtains a settlement or verdict for you, they will usually receive a percentage of the total amount recovered, which can range from between 33 percent and 40 percent.Understanding the Statute of Limitations
You need to file your motorcycle accident injury case within two years of the accident. This is because of the statute of limitations period that has been established under California law. If you do not file your lawsuit within the two-year period, there is a very good chance your lawsuit will get thrown out of court.
If you or a family member has been in an accident while operating a motorcycle, you probably have so many unanswered questions. Let an experienced and skilled Tracy motorcycle accident attorney assist you during this difficult time.
Watch the following YouTube video for more on how the contingency fee works.Motorcycle Accident Attorneys in Tracy
I’m Ed Smith, a Tracy Motorcycle Accident Attorney. If you or your loved one has been seriously injured or passed away in an accident due to a careless motorist, please call me today for compassionate, free and friendly advice. I can be reached at (209) 227-1931 or (800) 404-5400.
I am a Million Dollar Forum member. This group contains injury lawyers who have obtained settlements and/or verdicts in excess of $1 million for a past client.
I'm also a member of the National Association of Distinguished Counsel.
See some of the verdicts and settlements we have obtained for our clients.
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Editor’s Note: This page has been updated for accuracy and relevancy [cha 12.17.19]