Oak Park Motorcycle Accident Lawyer
Lane-splitting on your motorcycle allows you to go through stalled Oak Park traffic like a hot knife through butter. But it’s also potentially dangerous when other motorists aren’t paying attention. Just a couple of weeks ago, you were cruising between two gridlocked lanes of traffic on Kanan Rd. when some jerk decided to abruptly change lanes just as you were approaching without bothering to look in her rearview mirrors. You and your brand-new motorcycle were launched into the air upon impact, landing on the pavement. You suffered a collapsed lung, numerous broken bones and contusions, and required a skin graft.
You’re still in a significant amount of pain and were just released from the hospital yesterday. You’ve missed work (and will miss a few more days), while the medical bills are starting to pile up. Whenever you condition is stable you need to get in touch with Robert and Gary Walch at Walch Law to start on your financial recovery as soon as possible. As top Oak Park motorcycle lawyers, Walch Law knows how to win these cases—call now to learn more.
It’s important to know what to expect in the event you’re injured in a motorcycle, including how liability is determined and how to determine damages (monetary claims for losses from an injury). We’ll discuss these matters and more below.Who’s at Fault for Your Oak Park Motorcycle Accident?
Even though you were at the center of the action, you missed most of it because you were in shock. This means you were unable to even realize what had happened or why you were flung into the air. Fortunately there were several witnesses who all took notes and stuck around to share information with the police and emergency personnel. The at-fault party was uninjured and did her best to stay calm and mediate the situation. She didn’t admit fault (which is advised, even when it’s obvious) but one of the witnesses obtained her insurance and contact information.
The driver who hit you was negligent when she failed to thoroughly check her surroundings before changing lanes. This means she owed you a duty of care (legal responsibility to act in a reasonable manner) but failed to do so (this is called a “breach”) and caused the accident that led to your serious injuries. The legal elements of a negligence claim are:
- The defendant (at-fault party) owed a duty of care to the plaintiff (the injured party)
- 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 (if not for the careless driver, the accident never would have happened)
- The plaintiff suffered actual damages, such as bodily injury
With the help of your Oak Park motorcycle accident lawyer, you will be able to put together a solid claim in order to have the proper leverage for settlement negotiations. Keep in mind that most injury claims never go to trial but are settled beforehand. And California is a comparative negligence state meaning that even if you play a role in your accident, you can still get paid for the percentage you were not responsible for.Claiming Damages for Your Oak Park Motorcycle Accident
You have no clue how long it will take you to get back to “normal,” nor do you even know whether life will ever be the same again. You’re probably not getting back on a motorcycle, so you anticipate a long, slow crawl through traffic to work each day. The doctors are optimistic but they said you may need to walk with a cane for the foreseeable future. There also are a few question marks about the condition of your brain after hitting your (helmeted) head hard on the pavement.
You do know that missing work is expensive, as you dip into your savings to cover the rent and your bills. Also, you’re not sure whether you’ll be able to do the same type of work again. So you’ll most certainly be claiming medical expenses and lost wages. But what else?
Some damages are more difficult to assess. But that’s why it’s so important to work with a skilled attorney. Some of the less-obvious damages include (but aren’t 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)
Although your claim is supposed to fully compensate you for the losses you suffered at the hands of a careless driver, no amount of money can erase what happened that day. Still, it’s important that you recoup some of those losses the best you can, which is best achieved with the help of experienced legal counsel. Get in touch with the legal experts at the Law Offices of Gary K. Walch, a Law Corporation and learn how they can help. The sooner you call, the sooner we can help get you paid!