As one of the nation’s most populated states, it’s no surprise that there are a lot of motor vehicles on California’s roads. Motorists don’t only share the road with other cars, but also with motorcycles and a motorcyclist is among the most vulnerable travelers on our thoroughfares. When a motorcyclist comes into contact with another car, it is the motorcyclist who usually suffers the most damages. Although it is every driver’s responsibility to reasonably prevent accidents by driving safely, we know all too well that accidents happen. If you or a loved one have been involved in a motorcycle accident, here are a few things you can do.
Find an Experienced Attorney
In California, once you have been involved in a traffic accident, the law gives you a limited amount of time to pursue your claim. Finding an experienced attorney quickly can help you file a strong claim to assist you with your damages before you lose that protection.
When choosing an experienced attorney, it is important to pick someone who can guide you through important issues. Since most cases take time to resolve, you want an attorney who will be available to guide you in obtaining necessary evidence to document the extent of your motorcycle accident injuries. The attorneys at Dan Rose Law will ensure that you understand the legal requirements that must be met, so that you are better prepared to build a strong case.
Even if you feel you have a strong case, retaining an attorney who will represent your interests is important. Oftentimes, the party responsible for the accident will try to shift some or all of the blame onto the motorcyclist. That’s because California follows the comparative fault doctrine. That means that the responsibility can be shared among the parties, thereby reducing the amount of damages.
Set up Your Claim for Success
A motorcycle accident claim will likely have two different resolutions: a settlement at the insurance claim stage or through litigation.
Most cases are usually settled at the insurance claim stage without having to go to trial. However, that doesn’t mean that the insurance company is just going to give away money. In any motorcycle accident claim, the injured party has to prove that they were injured. Insurance companies have skilled attorneys assessing each case and will hold you to your responsibility of proving injuries. That’s why it’s sensible that you have a skilled representative on your side and important to have documented proof of the extent of injuries, including medical records.
In other cases, even when the extent of injuries are obvious, an insurance company may still try to deny the way the accident occurred. Under California law, if the fault of the accident is shared, it lessens the monetary award for injuries suffered. Working with a skilled attorney at the early stages of a motorcycle accident claim will help to show the insurance company that you have a strong case. That way, they are more likely to settle.
If you or a loved one have been the victim of a motorcycle accident, our attorneys at Dan Rose Law will fight hard to protect your rights and to get you the compensation you deserve. We invite you to schedule a consultation, at no cost to you, by calling 415-945-8900 or contacting us online to discuss your case.