Tracy Motorcycle Accident Attorney (209) 227-1931

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 are an All-Too-Common Occurrence in California

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. In 2014, over 4,500 people died in accidents involving a motorcycle, according to data released from the Governors Highway Safety Association. That death rate is double the number of motorcycle accident fatalities from the 1990s. For example, motorcycle wreck fatalities accounted for only five percent of all U.S. automobile deaths in 1997.

Pursue Financial Restitution Through a Tracy Motorcycle Accident Injury Claim

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.

The Types of Monetary Compensation You Can Obtain Through a Motorcycle Injury Claim

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 the Costs Related to Your Medical Care

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 contingent fee. This arrangement allows you to hire a top-notch attorney without having to pay any money up front 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.

Skilled and Aggressive Tracy Motorcycle Accident Lawyer Can Help

I’m Ed Smith, a Tracy Motorcycle Accident Lawyer. 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.

No Fees Up Front

I take cases on a contingency fee basis. This means there are no fees due up front. I get paid only after the successful conclusion of your case. Also, it is free to call and talk to me – so why not call today?

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.

See some of the verdicts and settlements I have obtained for my clients.

Read my client reviews on these three platforms:

 

:sb bw [cs 1180] 10.3.17 L@T

Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely, Alex & Dinah M. ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T. ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M. ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D. ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M. ★★★★★