Encino Motorcycle Accident Lawyer
The majestic Santa Monica Mountains are calling, but first you have to wind your way through Encino’s snarled traffic to get there. In fact, just getting out of your neighborhood and out of Encino can be much more dangerous than navigating the technical curves of Mulholland Drive and other popular motorcycle rides throughout the Los Angeles area. You found this out the hard way after crashing into a motorist who was changing lanes without bothering to look first. Lane-splitting, while perhaps dangerous, is legal in California. You just have to hope that motorists are paying attention.
You got tossed from your Harley and flipped into the air over their Mustang, where you landed in the street and sustained some serious road rash and a broken arm. While you feel fortunate you’re still alive, you’re in pain and it will take a while for you get back on the road again. As for the motorist whose carelessness caused this mess, your Encino motorcycle accident lawyer at Walch Law has a plan for your injury claim. In fact, we have over 45 years of experience winning motorcycle accident cases so whatever happened in your accident we have probably seen it before and won a high settlement for the rider.
Yes, motorcycles are inherently dangerous. But that doesn’t mean other motorists have a responsibility to use care when driving in the vicinity of bikers. We’ll discuss how liability is established in motorcycle accidents in California and the basics of injury claims.Determining Liability for Your Encino Motorcycle Accident Injuries
Motorcycle accidents often lead to serious injuries, given how little protection riders have. You wore a highly rated helmet and your leather motorcycle jacket, but decided to wear jeans on the day of the accident. That turned out to be a big mistake, but it doesn’t mean the negligent driver who caused the accident is any less negligent for the serious road rash covering the left side of your lower body. You may need skin grafts and there’s a chance you’ll have permanent nerve damage. It’s too early to tell, which is why your attorney is holding off on filing for damages at this point.
Your claim most likely will be paid by the motorist’s insurance company, but you’ll still have to build a compelling claim of negligence in order to collect. The elements of a negligence claim are as follows:
- The defendant (at-fault party) owed a duty of care to the plaintiff (to check their mirrors before changing lanes)
- The defendant breached that duty (did something or failed to do something, such as failing to change lanes in a safe manner)
- The plaintiff’s injuries were in fact caused by this breach
- The defendant’s actions were the proximate cause of the injury (if not for the careless driver, the accident never would have happened)
- The plaintiff suffered actual damages, such as bodily injury
While motorcyclists often embrace their “outlaw” image, most of them are very strict about following traffic laws and driving defensively, given how serious accidents can be. But they may not be given the same level of sympathy as their four-wheeled counterparts, which is why it can be so critical to work with a skilled Encino motorcycle accident lawyer before filing your injury claim.Claiming Damages for Your Encino Motorcycle Accident Injuries
When you calculate a dollar amount for the losses and setbacks you’ve suffered as a result of another party’s negligence, they’re referred to as damages. For example, you file damages for the cost of your medical care, prescriptions, follow-up visits, physical therapy (if applicable), and lost wages from time spent away from work. These types of damages are quite common, but they’re hardly the only kinds you may claim. It just depends on the actual losses you’ve incurred.
For instance, other damages may include the following:
- Loss of enjoyment of life
- Disfigurement or permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
You may not realize just how much of your life is affected by your injuries, or how to monetize them as damages, which is something your attorney will be able to help you properly assess. If you accept an early settlement offer from the insurance company, however, you may undercut the true cost of your injuries. The insurance companies are motivated by the desire to keep payouts low and settle claims quickly, but that’s not in your best interests.Work with a Top Encino Motorcycle Accident Lawyer
You took on a certain amount of risk when you bought that Harley-Davidson, so you’re not naive. However, you would hope that other motorists would pay attention and drive carefully. But accidents happen; thankfully you have the right to sue for damages. Don’t leave the claims process up to chance. Contact the legal experts at the Law Offices of Gary K. Walch, a Law Corporation to learn more. The family office of Gary and Robert Wach know how to win these cases and have been successfully getting motorcycle accident victims paid for over 45 years. Get in touch with them today to learn more about how they can not only maximize your settlement but also help with urgent things like medical care, etc.