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These can be extremely challenging cases for everyone involved. You might face a long road ahead to recovery from the injuries you suffered in the accident. It is our job to make sure you know exactly what your case is worth and then seek a fair result from the insurers of those at fault. Compensation that you may be able to receive as a result of a motorcycle accident include:

• Damages for lost wages

• Reimbursement of medical expenses

• Damages to property

• Pain and suffering

• Wrongful death claims if you lost a loved one in the crash

We do everything we can to bring your case to an end as efficiently as possible. But even in cases involving serious injuries, the insurance companies may refuse to make a reasonable offer or try to delay your case for as long as possible. If this is happening to you, we will be ready to go to trial. We are not strangers to the courtroom, and we will aggressively protect your rights throughout the process.

COMMON MOTORCYCLE CRASH

INJURIES

Any vehicle accident comes with the risk of a serious injury. Motorcycle collisions, however, are particularly hazardous because little or nothing is protecting you as a rider from an oncoming vehicle or in the event you are thrown from the bike. That’s not to mention that unsafe roads and poor weather can raise specific hazards for motorcyclists.

Some of the injuries most frequently sustained in motorcycle accidents include:

• Broken Bones - Because bikers’ limbs are often exposed, broken arms and legs are a common result of collisions. Broken bones are a relatively common injury, but they can have lasting effects, which includes your ability to go to work and eventually get back on your bike.

• Burns and Lacerations - These relatively minor injuries encompass a wide range of cuts, burns, bumps and bruises, which typically happen in low-speed crashes with minimal impacts. Deeper lacerations, especially those that involve significant bleeding that isn’t stopping, should be treated as soon as possible.

• Head and Traumatic Brain Injuries - Head trauma can result in a wide range of injuries, from concussions to more serious impairments that bring on a coma or brain death. Headaches, blurred vision, dizziness, vomiting, seizures and trouble seeing are all possible signs of a brain injury.

• Spine cord, Neck and Back Injuries - Spinal cord damage is a real possibility in motorcycle accidents. The spine plays an important role in balance and motor function. These injuries span a wide range of severity, from localized loss of muscle control and sensation to full paralysis.

• Amputations - Sadly the injuries suffered in a motorcycle accident may result in the loss of a limb or other body part due to the severity of the impact. Even the most experienced riders can suffer significant injuries resulting in an amputation as a result of the negligence of another driver.

• Death - Unfortunately, the truth is that some accidents are fatal. Even if you are wearing a helmet and operating your bike safely, the possibility of a serious, life-ending crash looms anytime you hit the road.

These and other injuries often at first seem less severe than they actually are, sometimes because you may be in a state of shock. They can, however, have significant long-term consequences, which includes requiring extensive medical treatment and limiting the type of work you can perform. A motorcycle accident lawyer can help advise you on the types of long-term damages you should seek. 

Treatment, Recovery and Costs

Different types of injuries require different treatments and costs; but some predictions can be made based on the type of injury.

• Minor treatment and recovery: Cuts and bruises, minor broken bones, and similar injuries often require only minimal care. Long hospital stays are not required, though additional checkups or appointments may be necessary. This treatment can cost you in medical bills and lost wages due to missed days at work.

• Long-term care: More serious injuries, such as extensive damage to the limbs or multiple broken bones, can require longer care. These may involve a long hospital stay, the need for in-home care for a few months, and additional expenses. Medical bills, weeks or months of lost salary, and other expenses can all come up with such treatment.

• Physical therapy: Even after an accident victim’s initial treatment and care, there might be additional long-term requirements like physical therapy. This results in long-term medical costs, loss in immediate salary, and can result in loss of future salary due to changes in lifestyle or missed career opportunities.

• Lifelong recovery: Injuries that result in paralysis or similar conditions require lifelong therapy or treatment and have tremendous costs. Medical expenses, loss in salary, alterations to your home and vehicle, and other future costs can be difficult to calculate or even imagine on your own. Having an experienced attorney on your side can help relieve you of such burdens.

MONETARY DAMAGES FOR

MOTORCYCLE ACCIDENT INJURIES

If you are injured in a motorcycle or other accident, you have the legal right to seek compensation for your injuries and any property damage. The extent of the monetary damages to which you may be entitled varies based on the specific circumstances of the accident. This is why we recommend contacting a motorcycle accident attorney.

In California, if you are injured in a motorcycle collision, you can seek compensation for medical bills directly related to those injuries as well as the expected cost of future medical treatment. You can also recoup money for any missed wages as a result of time away from work resulting from the injuries. That’s not to mention any decrease in your future earning capacity that is related to the injuries.

Your loved ones may also have the right to seek certain noneconomic damages. That includes “loss of consortium,” or the loss of companionship, moral support and intimacy stemming from the injuries.

HOW YOUR MOTORCYCLE ACCIDENT

ATTORNEY WILL TRY TO PROVE

NEGLIGENCE 

To successfully recover money damages, you may have to prove that the person or entity responsible for the crash was negligent. A motorcycle accident attorney can explain this further, but this legal term refers to a person who fails to live up to what courts call a “duty of care.”

California law, for example, imposes specific responsibilities on car and motorcycle drivers. They are generally required to operate their vehicles in a reasonably safe manner and to refrain from dangerous behavior behind the wheel. That means obeying traffic laws and signs, maintaining appropriate speeds and properly signaling turns and lane changes, among other safe driving techniques. It also means refraining from drinking and driving or texting behind the wheel and avoiding distractions that can take a person’s attention off of the road ahead.

California Comparative Negligence in Motorcycle Crashes

California’s comparative negligence system allows you to generally seek money damages if you are injured in a motorcycle or other accident, even if you are partly to blame for the crash. In other words, if you are found to be 15 percent responsible for the collision, you can still recover 85 percent of the money damages that you incur. Proportionate fault is typically determined by a judge or jury. Your motorcycle accident lawyer will be sure to collect as much evidence to limit your liability as possible in order to recover the most compensation available. 

If you or a loved one has been injured in a motorcycle accident, it is vital that you seek the counsel of an experienced motorcycle accident attorney. Insurance companies often push low-ball settlement offers in the aftermath of a crash, using pressure tactics on accident victims who may not be fully aware of their legal rights. A seasoned attorney can help get you the best possible deal and preserve your right to go to court if needed.

At Sim Law Offices, your motorcycle accident attorney understands the pain, stress and confusion that can come with being involved in a crash. Our lawyers also know how insurance companies often approach these situations and what judges and juries regularly look for in these cases. We have had significant success in the courtroom and at the negotiating table for the people that we represent.

BREAKING DOWN YOUR CALIFORNIA

MOTORCYCLE ACCIDENT CLAIM

Even when you know exactly what happened, proving your legal rights after a motorcycle accident can still be extremely challenging. There are several critical steps involved in the process, and you need to be able to navigate the process effectively to recover the full compensation you deserve. Here is an overview of the steps a motorcycle accident lawyer will take to recover just compensation on your behalf:

1. Investigate the Cause of Your Motorcycle Accident

To prove that you are entitled to financial compensation, your lawyer will need to investigate the cause of the accident. In addition to sending an investigator to the scene to take photos and collect any other evidence that may still be available, this may involve various other investigative efforts. For example, your attorney may need to subpoena the driver’s phone records, traffic camera footage, or surveillance footage from a nearby home or business. At this stage, the goal is to uncover all of the evidence available to prove your claim for damages. It is imperative to act quickly since video footage can be overridden or lost and the longer you wait, the more difficult it becomes to find witnesses.

2. Determine the Extent of Your Accident-Related Losses

In addition to proving that you are entitled to compensation, your motorcycle accident lawyer will also need to prove how much compensation you are entitled to receive. This involves calculating your financial  and non-financial losses.

Your financial losses include costs such as medical bills, prescription costs, rehabilitation expenses, repair (or replacement) costs for your motorcycle, and other property damage. They also include your lost income and benefits. Your non-financial losses include your pain and suffering, emotional trauma, permanent scarring and disfigurement, loss of companionship and consortium, and loss of enjoyment of life.

3. Our Motorcycle Accident Lawyer Will Deal with the Insurance Companies

With knowledge of who is liable for your losses and how much you are entitled to recover, your lawyer can now file all available insurance claims on your behalf. In addition to a claim under the driver’s auto insurance policy (if you were hit or run off of the road), this could also potentially include claims based on product liability. For example, if your motorcycle’s brakes failed or you suffered a head injury and your helmet was not up to Snell or DOT standards, then you may have a claim against your motorcycle or helmet manufacturer. Depending on the circumstances involved, you may have other claims as well.

4. Evaluate Settlement Offers

Most motorcycle accident claims are resolved through pre-trial settlement negotiations. If an insurance company makes an offer to settle your claim, your lawyer will evaluate the offer to determine whether it represents just compensation for your motorcycle accident injuries. Your attorney will then review the offer with you and explain your options in detail, and then it will be up to you to decide whether to settle or keep fighting for more.

5. Prepare Your Case for Trial if Necessary

If you are not satisfied with any settlement offer you receive, then your lawyer will need to take your case to trial in the California courts. At trial, your motorcycle accident lawyer will present evidence of liability and damages, the insurance companies will present their evidence, and then the jury will decide how much you are entitled to recover for your financial and non-financial losses.