Motorcycles are very popular in Los Angeles and throughout California, and while most riders enjoy their time on their bikes without issue, it is crucial for all motorcyclists to acknowledge the risks they face when riding. Motorcycles lack the safety features found in enclosed passenger cars, like crash-resistant frames, airbags, and seatbelts, and this makes them some of the most inherently dangerous vehicles on the road. Additionally, when a motorcycle accident happens, the rider not only faces the risk of injury from the initial impact with the other vehicle but also the secondary impact of hitting the ground with tremendous force.
If you or a member of your family recently suffered injuries in a motorcycle accident that someone else caused, you have the right to hold them accountable for the damages they caused. However, this is often a more challenging process than the average person is prepared to confront, and having legal counsel you can trust for your motorcycle accident case is essential if you want to reach a positive conclusion. It may be technically possible to pursue your recovery on your own, but you face many risks in doing so, and even if you manage to succeed, you could end up with a much smaller amount of compensation than an attorney could have secured on your behalf.
The team at Belgum, Fry & Van Allen has years of professional experience handling all types of personal injury claims in Los Angeles, including motorcycle accident cases. We know the damage these incidents can cause and the many legal challenges victims often encounter as they seek compensation for their losses. Whatever your case entails, you can trust our firm to provide compassionate and responsive legal support through every step of your recovery efforts.
The state requires injured drivers to prove fault for their accident before they can recover compensation for their losses. You must identify the driver who caused your motorcycle accident and then prove that their actions directly resulted in your claimed damages, and this may be more difficult than you initially expected. Many people who experience motorcycle accidents are seriously hurt in these incidents and may not remember exactly how their accidents happened. It is also possible for an at-fault driver to flee the scene of a crash, leaving the victim wondering how they can ensure accountability and compensation for their losses.
After the initial aftermath of your accident, you should reach out to a Los Angeles motorcycle accident lawyer as soon as possible. The sooner you secure legal counsel, the sooner your attorney can begin gathering the evidence you will need to firmly establish liability for your motorcycle accident. A few of the most commonly cited causes of motorcycle accidents in the Los Angeles area include:
These are only a few examples of how motorcycle accidents might happen in the Los Angeles area. Whether you remember the details of your accident or have no recollection due to the severity of your injuries, your Los Angeles motorcycle accident attorney can provide guidance and support as you gather whatever evidence you need to firmly establish fault for the crash in question. Once you have identified the at-fault driver, you can proceed with filing an insurance claim against them to recover your losses, and if this does not yield full compensation for your damages, you may then proceed with a personal injury claim to recover the rest.
Every driver in the state is legally required to have auto insurance that meets the state’s minimum coverage requirements. An individual auto insurance policy must include at least $15,000 in bodily injury liability coverage for a single person, at least $30,000 in total accident liability coverage, and at least $5,000 to cover property damage. This may cover the damages from a minor accident, but even if you think you can recover through insurance alone, this does not mean the insurance company will process your claim efficiently or in good faith.
Having a Los Angeles motorcycle accident attorney representing you makes the insurance claim filing process much easier. Your attorney can draft a demand letter to the insurance carrier on your behalf, and if the insurance company pushes back against your claim, your attorney will know how to resolve any such issues with your case. Once you have received your claim payout, any remaining damages may be recovered through a personal injury suit against the at-fault driver.
The objective of a personal injury claim is for the plaintiff to recover compensation for the losses a defendant inflicted with their negligence or misconduct. The plaintiff must identify the defendant they believe to be responsible for their damages and then prove the defendant directly caused their damages. In other words, the plaintiff must prove their damages did not result from some other cause.
Effectively leveraging the evidence and witness testimony available in your case will ensure you receive appropriate compensation for the losses you suffered from the defendant’s actions. Under California’s personal injury statutes, the plaintiff has the right to seek full repayment of all economic losses they suffered from the accident, which are likely to include:
After calculating the extent of your immediate and future economic damages from your accident, you may be surprised to discover that your claim is worth much more than you originally anticipated. However, you also have the right to seek compensation for the pain and suffering you experienced from the accident.
It’s normal for the plaintiff in a civil suit to feel bewildered when it comes to assessing fair monetary value for intangible losses like physical pain and emotional suffering. However, your Los Angeles motorcycle accident attorney can provide guidance on this aspect of your claim and help you maximize the compensation won from the defendant.
There are generally two formulas used to calculate pain and suffering damages for plaintiffs in personal injury cases. Additionally, state law does not place a limit on how much the plaintiff may claim in a motorcycle accident case, so it is possible for them to receive more compensation for their pain and suffering than they obtain for their economic damages.
An attorney will generally use the multiplier method when their client has suffered severe injuries causing permanent harm. This involves multiplying their total economic losses by a factor that represents the severity of their condition after the accident. Alternatively, if the plaintiff is expected to fully recover, their attorney may use the per diem method, calculating pain and suffering for their client based on the number of days it takes them to reach maximum medical improvement.
Every motorcycle accident case is different, and there is no one-size-fits-all legal strategy that will work for every case. Beyond economic and non-economic damages, it is also possible for a plaintiff to receive punitive damages and/or restitution if the defendant caused their accident through some illegal misconduct. On the other hand, the plaintiff’s recovery could diminish if they share fault for causing the accident.
The right Los Angeles motorcycle accident attorney is an invaluable asset for maximizing the total compensation a plaintiff obtains from the defendant who caused the accident and addressing the unique variables in play in their case. When you hire Belgum, Fry & Van Allen to represent you in your recovery efforts, you are investing in years of professional experience with personal injury law and a dedicated team of legal representatives ready to provide the guidance and support you need throughout the proceedings ahead of you.
Our firm seeks to settle our clients’ cases quickly whenever possible to shorten the time it takes them to fully recover. However, we are experienced in litigation if we need to take your case to court. You have a limited time in which to begin your recovery efforts after any vehicle accident, so it’s advisable to consult a Los Angeles motorcycle accident attorney as soon as you receive medical care for your injuries and address the immediate aftermath of your accident. This ensures your legal team has the maximum time to prepare a compelling legal strategy on your behalf.
It’s possible to recover from your recent motorcycle accident on your own, but navigating the insurance claim filing process and building a personal injury case without legal representation is likely to be very challenging while enduring your medical treatment for your injuries. Hiring a Los Angeles motorcycle accident attorney to represent your case allows you to rest and recover with peace of mind while your legal team handles your case proceedings. They are also likely to reveal avenues of recovery you may not have realized were available to you, enhancing your total compensation.
California follows the fault rule for resolving vehicle accident cases, meaning it is essential to prove liability for your recent accident before you can claim compensation for your damages. An experienced Los Angeles motorcycle accident attorney can secure witness statements from individuals who saw your accident happen, obtain copies of traffic camera footage from the area around where the accident happened, and secure the other driver’s cell phone records to assist you in proving liability. Proving liability will require different types of evidence based on how an accident happened.
Yes, you can bear partial liability for your accident and still seek compensation for your losses. The state upholds a pure comparative negligence statute that applies whenever more than one party shares responsibility for damages cited in a civil claim. If a plaintiff is found partially liable, their percentage of fault is taken from their final case award as a penalty, and they keep the rest. For example, if a judge deems you to be 20% at fault for your accident, you lose 20% of the damages claimed by the defendant.
It’s possible for an at-fault driver to face criminal charges for causing a motorcycle accident if they caused the accident through some illegal misconduct. For example, if they were intoxicated behind the wheel, it would be a violation of DUI law, and they would face driver’s license suspension, fines, and jail time. Penalties for breaking the law almost always increase significantly when the defendant has injured or killed someone with their actions. Your Los Angeles motorcycle accident attorney can advise you as to how the illegal actions of the defendant could impact your recovery efforts.
The attorneys at Belgum, Fry & Van Allen accept personal injury cases on a contingency fee basis. This means that we only take a fee if and when we win our client’s case. Additionally, our fee is a percentage of the total compensation we secure for their damages, so their legal expenses will never overshadow the compensation they win from the defendant. If our team cannot secure compensation for your accident for any reason, you pay nothing in legal fees, so there is no financial risk to choosing our firm to represent your claim.
The team at Belgum, Fry & Van Allen has years of experience handling all types of vehicle accident claims for our clients in the Los Angeles area, including motorcycle accident claims. We know how devastating these accidents can be and the various legal challenges you could face as you seek accountability and compensation for the losses you suffered. If you believe you have grounds for legal recourse against the driver who caused your accident, we can help. Contact us today and schedule a free consult with a Los Angeles motorcycle accident attorney to learn more about the legal services we can provide.