Should I get a lawyer for a motorcycle accident
If you were involved in a motorcycle crash, you’ve likely sustained costly injuries and are in need of compensation.
Unfortunately, it can be difficult to get compensated after a motorcycle accident. You can opt to pursue a claim on your own, but many motorcycle crash victims find that they need to hire a personal injury attorney.
Here are some things you should consider in deciding whether to get an attorney for your motorcycle accident injuries.
Challenges In A Motorcycle Accident Injury Claim
Trying to obtain payments from the at-fault driver’s insurance company can be unexpectedly challenging. Insurance companies are known to use “delay, deny, and defend” tactics which could leave you with much less than the compensation you need and deserve.
The insurer may pressure you to accept a low-ball settlement offer, or prolong the case so that you grow desperate and become more likely to settle. They may assert that your injuries are not that serious, use your own words to devalue your claim, or argue that the injuries were not caused by the motorcycle crash.
In real-world injury claim cases, insurance companies are less likely to be dismissive if you have a lawyer on your side. This signals that you are serious about your injury claim. More than that, your attorney levels the playing field by protecting you from being taken advantage of, and helping you negotiate opposite experienced insurance representatives.
Establishing Fault In A Motorcycle Crash
California is a “fault state” or a “fault-based state,” which means that the party who caused the accident is responsible for paying your losses. Hence, establishing the other party’s liability is crucial for compensation.
California also follows the “pure comparative negligence” principle, in which each party’s percentage of fault is examined. If you were partly at fault for your own injuries, your compensation could be lowered accordingly. For example, if you were found to be 15 percent at fault, your payment may be reduced by 15 percent as well.
There are numerous potential complications in establishing fault in a motorcycle accident. For instance, California has officially legalized lane-splitting or lane-sharing, allowing motorcyclists to ride in between lanes of traffic. Motorcycle riders must follow several guidelines when splitting lanes. Yet many car drivers still see this practice as unsafe and consider it the culprit in some traffic accidents.
It takes a knowledgeable and sharp attorney to show accident liability. Your accident lawyer should help you establish the other party’s fault by promptly collecting evidence, crafting strategic arguments, and using legal resources to back your case.
Bias Against Motorcyclists
If you were the motorcycle rider in the accident, one of the biggest obstacles you’ll encounter is the unfavorable image of motorcyclists.
It is common for car drivers and other individuals to assume that motorcycle riders are less responsible motorists. Sometimes, even police officers, insurance adjusters, and jury members hold this bias, consciously or not. This bias makes it more difficult for motorcyclists to claim their rightful compensation after an accident.
As a motorcyclist, it is paramount for you to obey traffic rules and follow riding safety guidelines. But many cases have shown us that those may not be enough to protect you when you are pursuing an injury claim. You’ll want a lawyer to assert your rights and present a compelling argument on your behalf.
When The Insurance Claim Goes Nowhere
Whether you were a motorcyclist, a car driver, or another commuter hurt in the accident, your first course of action may be to claim compensation from the at-fault party’s insurance carrier. You (and your lawyer) could negotiate for a fair payment, and if all goes well, you could receive a satisfactory amount.
However, not all insurance claims go smoothly. In many cases, claimants are met with too many delays, unfairly low settlement offers, and outright bad faith insurer practices. If the negotiation process breaks down, or if you believe that you won’t be compensated fairly by the insurer, you may consider filing a personal injury lawsuit. The services of a personal injury lawyer will be indispensable in this case.
It is possible that before the trial begins, the insurance company finally becomes more agreeable to your compensation claim. In fact, most motor vehicle accident cases are settled before they go to trial. But if your case does go to court, you’ll want your lawyer to be competent in convincing the judge or jury that you are entitled to a certain amount of compensation.
Call an Experienced San Diego Motorcycle Acciodent Injury Attorney
Even if you’re not considering a lawsuit, you should consult with a motorcycle accident attorney about your injuries.
The legal guidance and protection of a lawyer can be extremely valuable in your claim for fair compensation.
If you or a loved one have been seriously injured in San Diego or Southern California, talk to us at Hamparyan Personal Injury Lawyers – we are ready to listen to you.
Robert Hamparyan is one of California’s most accomplished personal injury lawyers. Hamparyan Personal Injury Lawyers San Diego was founded so that Robert could bring more of his skill and knowledge to personal injury victims in all types of cases. Robert and his team have dealt with semi truck accidents, wrongful death cases, brain & spine injuries, and many other types of personal injury cases with soaring success.
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