Woodland Hills Motorcycle Accidents
You and your biking buddies decided to kick off the weekend by leaving work early and riding out to the coast along the Topanga Canyon Boulevard. But you didn’t even make it out of Woodland Hills before getting sideswiped by a motorist and thrown from your prized Ducati. Your helmet (and a little luck) kept you alive, but you still suffered multiple injuries and had to be taken to the hospital by ambulance. Or worse, you are a family member of someone who died while riding their motorcycle and you are now looking for legal answers. Either way, get in touch with the highly experienced team of Woodland Hills motorcycle accident lawyers at Walch Law now.
You followed the rules of the road and took every safety precaution but now you’re off your feet, nursing broken bones and other wounds, and unable to work. The medical bills are piling up, nearing your high deductible, while your bank account quickly dwindles from the inability to work. Thankfully you have legal options, so you call a Woodland Hills motorcycle accident lawyer your friend recommended.
You’re calculating the cost of the accident in your head but it’s not so simple to put a price tag on bodily pain, fear of getting back on your motorcycle, or potential difficulties performing your job after suffering such injuries. At Walch Law, we’ll take a look at how injury liability law applies to motorcycle accidents, including how liability is determined and the meaning of “damages.” Let our 40+ years of experience guide you.Determining Liability in a Motorcycle Accident
The most common basis for injury liability is negligence. When someone is negligent, it means they owed you a duty to do something or to refrain from doing something. Motorists are required to pay attention to the road; so doing something like driving while texting is a breach of this duty. When such a breach results in an accident (and injuries), that party may be held liable.
But many roadway accidents are not clear liability and both parties play a role in the collision. If, for example, you had been speeding and cut into the other lane as you rounded a blind curve—leaving the motorist little time to react—then the accident probably would have been considered partly your own fault.
California law recognizes the legal theory of comparative negligence which means your claim could be adjusted in accordance with each party’s percentage of fault. If it can be proven that you were speeding, for example, you may share some of the blame. To put it simply, a $100,000 injury claim would be adjusted to $75,000 if the court determined that you were 25 percent at fault for the accident and resulting injuries. Your Woodland Hills motorcycle accident lawyer will understand the best way to file your claim, regardless of fault.Damages: Putting a Price Tag on Injuries
Some financial losses are obvious, such as hospital bills, lost salary due to missed work, and any other out-of-pocket expenses. Meanwhile, your medical insurer will want to be reimbursed by the responsible party (usually through their insurer). When you file an injury claim, the amount each injury is worth is referred to as “damages.” You’ll claim damages for those tangible injuries and what they cost you, but also intangible injuries. The goal of a personal injury claim is to be “made whole” for your losses, although this is limited to monetary compensation.
One of the most common intangible injuries is “pain and suffering,” which would include the actual pain suffered as a result of the injury, fear inflicted by the circumstances, and mental anguish. Another injury for which you may claim damages is “loss of consortium,” which involves the loss of love and affection from an intimate partner due to your injuries. We work hard to get you maximum compensation for these important issues you are now dealing with as a result of the accident.
It’s also important to remember that most claims are settled out of court. But your insurer won’t necessarily fight to get you a fair amount of compensation and will likely want to close out your case as soon as possible. That’s why it’s so important to speak with an attorney before accepting a settlement offer.Get Compensated: Call a Skilled Woodland Hills Motorcycle Accident Lawyer
Unless you’re an attorney, you probably don’t have much leverage when making a claim for injuries sustained in a motorcycle accident. A skilled attorney will know how to research your case, review the evidence, work with claims adjusters, and get you the compensation you deserve. How does 40+ years of experience fighting for you sound? We have that and so much more. Don’t delay; contact the experienced professionals at the Law Offices of Gary K. Walch, A Law Corporation today.