California LGBT Motorcycle Accident Attorney
Motorcycles are known to be more dangerous than cars. California alone has only 9 million registered motorcycles, but motorcycles comprise a disproportionate amount of the state’s accidents and injuries. In 2013, motorcycle fatalities accounted for 14% of all traffic fatalities, even though they comprise only 3% of all registered vehicles. If you have been involved in a motorcycle accident, Pride Legal advises consulting an LGBT Motorcycle Accident Attorney.
Motorcycle accidents are more fatal than car accidents simply because of a motorcycle’s lack of safety. Motorcyclists are 6 times more likely to be involved in accidents than car passengers. For motorcyclists, minor accidents can cause serious injuries. Also, only 65% of motorcyclists wear helmets when riding. The vast majority of motorcyclists wear helmets when riding on the freeway, but many refuse to wear helmets for shorter trips. Furthermore, driving under the influence accounted for 25% of all motorcycle accidents.
With such a high rate of motorcycle injuries, California sees a high rate of motorcycle accident lawsuits. Motorcycle accident lawsuits can be filed by individuals injured in a motorcycle accident or a family member of a loved one who passed away due to the accident.
Motorcycle Accident Lawsuit Compensation
Your Pride Legal LGBT Motorcycle Accident Attorney will seek the maximum compensation for your injuries. Receiving sufficient compensation for your injuries is imperative to your full recovery. You may be eligible for compensation for the following motorcycle accident injuries:
- Medical costs, including surgery, medication, and hospitalization bills
- Future medical costs, or expected medical costs necessary for your full recovery
- Rehabilitation costs
- Motorcycle repair costs, if your motorcycle was damaged in the accident
- Lost wages, if you could not go to work due to your inability to work after the accident. Your compensation may include potential wages, normal benefits, promotion benefits, tips, etc.
- Loss of future income, or lost wages expected in the future time of recovery
- Disability pay, if you are unable to work for a long period of time due to your motorcycle accident injuries
- Pain and suffering damages, usually determined by the objective level of physical pain and emotional distress caused by the accident
- Punitive damages: These are granted when the negligent party deliberately harmed you. Although rarely awarded, punitive damages are monetary compensation substitutes for jail time.
- Wrongful death expenses: These are often granted to the deceased victim’s loved one, and usually include funeral costs, burial costs, loss of consortium, loss of inheritance, loss of relations, etc.
Types of Motorcycle Accidents Injuries
Motorcycle accidents are often the most fatal type of vehicle accident. This is mostly because a motorcycle does not include the same level of protection as a car. All cars are equipped with airbags, steel enforcement, cushions, and seat belts to protect you in the event of an accident. On the other hand, the only thing protecting you in a motorcycle accident is your clothing and helmet. Motorcyclists often fall victim in crashes through no fault of their own.
Here are some potential motorcycle accident injuries:
- Lacerations and abrasions
- Torn muscles
- Nerve damage
- Broken bones
- Crushing injuries
- Puncture Wounds
- Traumatic brain injuries
- Knee and hip damage
- Herniated discs
- Internal organ damage
- Spinal cord injuries
- Severed limbs and digits
- Neck damage
It is imperative for motorcyclists to wear protective clothing and helmets whenever on the road. Avoid all circumstances that may lead to injuries.
Filing a Motorcycle Accident Lawsuit
It is imperative for all drivers on the road to follow the laws and drive cautiously. Motorcyclists should especially be cautious due to the dangerous nature of motorcycles.
In order to have a viable motorcycle accident claim, you must prove that a negligent party is responsible for your injuries. In order to be viable, all personal injury cases must meet the following requirements:
- You were owed a duty of care by other motorists (For example, all vehicles must make a full stop before turning right at a red light.)
- A motorist breached this duty, (For example, a car turns right at a red light without slowing down.)
- The breach of duty caused an accident (For example, the car strikes you, a motorcyclist, while making the turn)
- AND the accident led to your physical harm. (For example, you broke your arm upon impact)
In order to strengthen your case, it is imperative to have sufficient evidence. Your Pride Legal LGBT Motorcycle Accident Attorney will likely gather the following evidence before filing a lawsuit:
- Photos of the accident’s scene
- Documentation of your injuries, including photos and doctors’ notes
- Contact information of the negligent party
- Photos of the damage inflicted upon your motorcycle
- Supportive eyewitness testimonies
- Surveillance footage
- Helmet POV or Dashboard videos
- Medical bills
- Any other evidence that may strengthen your case
Do not hesitate to seek medical treatment after an accident. Although you may feel ok after your accident, injuries may have still occurred. The adrenaline boost you receive after an accident may lessen your pain for a short period of time but will hurt you in the long run if you do not seek medical treatment.
Receiving treatment is imperative to your recovery and strengthening your case. The stronger your evidence is, the more likely you will receive a high settlement for your motorcycle accident claim.
Your LGBT Motorcycle Accident Attorney will gather all evidence relevant to your case and submit it to your insurance agency. An insurance agent will then write a letter demanding compensation for your injuries.
Hiring a Pride Legal LGBT Motorcycle Accident Attorney is imperative to receiving your case’s maximum compensation. By having an experienced attorney that will handle your case, you can focus on your recovery.
Determining the Value of Your Case
Truth be told, there is no calculator that can estimate the value of your case. An insurance agent will value your motorcycle accident case based on a number of factors. These factors may include:
The Severity of Your Injury
The severity of your injury will be calculated in determining your case’s estimated value. For example, someone suffering from blindness due to pseudotumor cerebri will receive higher compensation than someone suffering from minor headaches.
Loss of Income
If you were unable to work and lost income due to your injuries from the Mirena IUD, then you are entitled to not only your lost wages but also your expected loss of future income. This can be calculated by a Pride Legal Personal Injury Attorney, or by a vocational expert.
Pain and Suffering Due to Your Injury
A jury may place a daily monetary value on your pain, based on the level of suffering you experienced. For example, if a jury determined the daily monetary value of your pain and suffering to be $100 and you suffered from such pain for 1,000 days, the value of your pain and suffering would be $100,000.
In addition, changes to your life caused by the injury will be valued. When determining such a figure, the jury may ask you questions such as:
“What enjoyable activity can you no longer do?”
“Has your mental health worsened due to the injury?”
“How has this injury changed your life?”
All past, present, and future medical costs due to the injury must be calculated when determining the value of your case. Keep a record of all medical statements related to your injury including medical bills, hospital bills, doctor’s diagnoses, medication, and rehabilitation bills.
The insurance agent will likely lowball the first settlement offer. Although it is ultimately your decision whether or not to accept a settlement offer, your attorney will advise you as to whether or not to accept the offer. Pride Legal suggests seriously considering your experienced attorney’s advice.
If you and your attorney decide to reject the offer, your attorney will form a counteroffer. If a settlement cannot be reached, your lawsuit may reach the courtroom.
In the courtroom, convincing the jury will be you and your attorney’s ultimate goal. Although proving fault in a motorcycle accident is often difficult, there are high rates of settlement with motorcycle accident lawsuits.
Motorcycle Accident Statute of Limitations in California
California law states that injured parties have 2 years from the date of injury to file their motorcycle accident lawsuit. In order to strengthen your case, your attorney will advise you to file your motorcycle accident lawsuit as soon as possible.
Under certain circumstances, the statutory deadline to claim personal injury may be delayed. A California court may extend the statutory deadline if:
- The injured individual suffers mental or physical incapacitation due to the injury
- The injured individual is under the age of 18. In this situation, the statutory deadline will begin once the individual becomes 18 years of age
- The injury was not revealed until after the incident took place. In this situation, the statutory deadline will begin once the injury was manifested in the eyes of the injured individual
Contact Pride Legal
If you or a loved one has been injured in a motorcycle accident, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.