Los Angeles Motorcycle Lawyer
One of the best places in the country to ride your motorcycle is along Mulholland Drive through the Santa Monica Mountains. In fact, Los Angeles is just a great place for motorcycles in general, especially when traffic comes to a standstill (gotta love lane-splitting!). But motorcycles are, of course, dangerous. Sure, it’s a buzzkill to talk about the dangers of riding on two wheels. But if you ride a motorcycle, then you most certainly need to be prepared in advance so you know what to do if you’re involved in an accident.
Without the stability of four wheels and the protection of a steel enclosure (or airbags), you’re quite vulnerable. Still, other motorists and trucks have a responsibility to provide you with a safe following distance and to drive responsibly. If you’ve been involved in a motorcycle accident, you’ll want to speak with a Los Angeles motorcycle accident lawyer immediately to learn about your legal options. Walch Law has over 40 years of experience helping victims of motorcycle accidents. Even if you played a role in your accident, we know how to get you paid!How Liability is Determined in California Motorcycle Accidents
There’s no such thing as a simple “fender bender” when you’re in a bike accident, which is why motorists on four or more wheels need to pay special attention to motorcyclists. One of the most common types of motorcycle accidents is a rear-end collision. When two cars are involved, injuries tend to be minor (but not always), while a simple rear-end accident on a motorcycle can eject the rider and even be fatal. If you’re hit by a motorist, they can’t simply say they didn’t see you. It’s their responsibility to see you, along with bicyclists and pedestrians.
The vast majority of motorcycle accident injury claims are settled out of court, but negligence is still established as if it would be tried in court. In order to prove negligence, the injured party (plaintiff) must illustrate the following elements:
- The defendant owed a duty of care to the plaintiff (for instance, they were legally required to see you and thus not cut you off)
- The defendant breached that duty
- The plaintiff’s injuries were in fact caused by this breach
- The defendant’s actions were the proximate cause of the injury(ies), meaning, for instance, they wouldn’t have been injured had the motorist paid proper attention to their surroundings
- The plaintiff suffered actual damages, such as bodily injury and other adverse effects such as lost wages
Motorcyclists don’t always get the sympathy they deserve after accidents and are routinely blamed for their accidents, in fact they often embrace the “outlaw” image, but liability is determined by the facts surrounding each case. Your Los Angeles motorcycle accident lawyer will be able to put the pieces together and prove that the other motorist was negligent and therefore owes you compensation for your injuries. The aftermath of a motorcycle accident can not only be devastating but extremely expensive—we are here to make sure that you are not the one bearing that expense.Motorcycle Accident Injuries and Damages Claims
Civil claims, whether they’re decided in court or settled beforehand, are centered on the notion of making the plaintiff “whole” again. Of course, no settlement can erase the pain and suffering or permanent damage you may have endured from the defendant’s actions; but the goal is to seek the right amount of compensation for your injuries. These are referred to as damages. Injuries from motorcycle accidents can be quite severe, so you’d probably claim medical expenses and lost wages from missed work. When someone is killed in an accident, their loved ones may file a wrongful death lawsuit against the at-fault party.
Each case is different, but damages for a motorcycle accident may include (but are not limited to) the following:
- Loss of enjoyment of life
- Disfigurement or permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Damages aren’t always obvious at first, particularly those that impact you long after the accident or which appear later (such as some head injuries). For this and other reasons, you don’t want to accept an early offer from the insurance company. Make sure you’ve had time to fully assess your injuries and discuss your case with an attorney first.Don’t Delay: Talk to a Los Angeles Motorcycle Accident Lawyer Today
Whether you’re zooming through the canyon, biking along the coast, or just trying to get home after a day at work, always remember to exercise safe control of your motorcycle. But if you are involved in an accident caused by another motorist’s careless driving and have suffered injuries, you owe it to yourself to seek top-notch legal counsel. Talk to the experienced lawyers at the Law Offices of Gary K. Walch, a Law Corporation and get back to doing what you love. We know how to get you the most for your accident- get in touch with us today to learn more.