- November 10, 2022
- In motorcycle Accident
In addition to the more than 5,000 bikers and motorcyclists who suffer fatal injuries in crashes every year in the U.S., another 80,000+ motorcycle riders suffer non-fatal injuries that are serious enough to warrant emergency medical attention. Many of these non-fatal accidents are temporarily or permanently life-changing. Managing medical care costs, the impact of lost wages, and the burden of pain and suffering associated with such trauma can be costly.
If you’ve recently been injured in a motorcycle accident, don’t wait for your family’s finances to buckle under the weight of crash-related consequences before speaking with an attorney about your situation. Instead, be as proactive as you can be – speaking with a lawyer will help you to avoid unmanageable financial challenges related to your accident. Maximizing any compensation you’re rightfully owed will take time, but if you act quickly, our firm can do its utmost to secure that compensation as efficiently and effectively as possible.
Grounds For Civil Action
Generally speaking, you likely have substantial grounds to file a motorcycle accident lawsuit if another’s negligence, recklessness, or intentionally dangerous conduct directly contributed to your injuries’ cause(s). This “another” could be a company, such as a manufacturer of defective motorcycle parts, a person, a distracted motorist, or even a government agency responsible for safely maintaining local roads.
Whomever you name as a defendant in your lawsuit, you’ll need to prove that their conduct directly caused your injuries. The only notable exception to this rule is if a defective part on your motorcycle allows you to sue a manufacturer under a strict liability theory. Under these circumstances, you wouldn’t need to prove negligence to recover compensation. You would simply need to confirm that the part in question was defective and that its flawed nature directly contributed to your harm’s cause(s).
Partial Fault Concerns
If you file your personal injury lawsuit in California, you won’t need to prove that a defendant was 100% responsible for the harm you’ve suffered to recover compensation. You may be owed personal injury damages even if your conduct was reckless, negligent, or intentionally dangerous and contributed to the cause(s) of your harm in some way. As long as you can prove that at least one other party also contributed to the cause(s) of your injury due to negligence, recklessness, or intentionally dangerous conduct, you can seek damages in proportion to the degree of fault assigned to each party.
For example, say you’re suing a distracted motorist and a parts manufacturer for damages. The total value of the harm you’ve suffered is $400,000. The manufacturer is assigned 25% of the blame, as are you. The motorist is assigned the remaining 50% of the responsibility. In this scenario, you’d be in a position to pursue $200,000 from the distracted driver and an additional $100,000 from the manufacturer. You won’t be able to follow the final $100,000 in damages that make up the total value of your harm because that number represents the amount of liability you’re responsible for. However, depending on your coverage, you may be able to recoup some of this total from an insurance policy.
The “Respect Factor”
All too often, motorcycle riders and bikers suffer from a disadvantage they haven’t earned when navigating the legal aftermath of a crash. Subconscious and conscious biases that insurance representatives, law enforcement, and jury members may harbor about biker riding habits and lifestyles have the potential to impact the outcome of a case. Therefore, you’ll want to work with an attorney who understands these challenges and how to overcome them effectively. You’re a traveler and an injury victim no more or less deserving of compassion and respect than any other injury victim. Our firm will do its utmost to ensure that everyone involved in your case affords you the care and consideration you deserve.
Insurance Claim Negotiations
Insurance companies aren’t always fair when processing claims submitted by injured motorcycle riders. They are often too quick to assume that riders are totally or significantly at fault for their harm. Know that we understand how to negotiate with insurance companies effectively on behalf of injured riders. Allow us to assume this task so that you can focus your energy on healing from your injuries, and we can focus on securing you the fairly-valued settlement offer that you deserve.
Speak With A Respected California Personal Injury Lawyer Today For Assistance
Not all personal injury firms are skilled in the representation of motorcycle riders. Due to the unfounded biases that many of these riders experience, it’s essential to work with legal advocates who understand the unique needs of injured motorcycle riders and bikers and the nuanced strategies that may need to be employed to maximize their opportunities for compensation. The dedicated and knowledgeable legal team at The Law Offices of Samer Habbas & Associates, PC, have the skills and experience necessary to advocate successfully on behalf of injured riders. As a result, if you’ve recently been injured in a motorcycle crash, don’t hesitate to reach out to us for assistance.
Our firm offers risk-free, no-cost legal consultations to injured riders so they may be empowered to make informed choices about their rights and options under the law. To schedule a complimentary case evaluation with a respected legal team member, call (888) 848-5084 or contact us online. If you’re not yet feeling well enough to travel to our offices, don’t delay your effort at scheduling a consultation. We’re here for you, and we’ll figure out how to make it happen. We look forward to speaking with you.
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