Getting into any sort of accident is a scary and dangerous experience, but an accident when you are on a motorcycle can be even more catastrophic than a car crash, even at low speeds. This is because of a few different factors, namely because of the lack of structural protection that someone on a motorcycle has compared to someone in a car or truck with a full frame surrounding them, along with airbags, seatbelts, and other sorts of safety devices and restraints. When a motorcycle rider is in an accident, they are thrown from the vehicle and therefore suffer a secondary impact with the road following the initial impact with the other vehicle.
These types of accidents require the help of an experienced San Diego motorcycle accident attorney that can help you determine things like who was at fault, what your rights as a victim are, and how much money you deserve for compensation, either through a full lawsuit or an out-of-court settlement. If you believe that you may have been partially at-fault for the accident, then you will need to work with someone who understands the right way to handle California comparative negligence in a way that ensures you are still able to receive a fair award.
Who Is At Fault In a Motorcycle Accident?
No two accidents are alike, so it is unreasonable to think that fault can be assigned based on simply going through some general information and assigning a percentage of responsibility. Instead, you will need to consider things like eyewitness accounts, police reports, your own account, the other driver’s statement to the police and their insurer, and more. Once this information has been gathered, it is up to your attorney and the insurance company to reach an agreement on comparative fault.
In states like California that use comparative fault, even someone who is partially responsible for an accident is entitled to compensation, although their final award will be reduced by the percentage of fault they contributed, up to 50%. If someone is more than 50% responsible for the accident, then they are not entitled to any damages.
Calculating Damages After a Motorcycle Accident
Once an understanding of the levels of fault assigned to each person involved in the accident, the next step will be to determine how much the victim (or victims) are entitled to for compensatory damages. Because the injuries that a motorcycle rider may sustain can be more severe than the injuries that a car passenger may suffer in a similar accident, it is likely that the economic damages such as medical bills may be higher in the motorcycle accident.
Your attorney will go through all of the details of your injuries, the financial impacts that the accident has had on your life, as well as the “intangible” effects such as the pain and suffering of your injuries, the emotional trauma you have endured, and other non-economic damages. Once they have calculated these damages, they will be able to negotiate with the insurance company representing the other driver in order to hopefully reach a final settlement agreement.
Settlement or Lawsuit?
Many people do not realize at the start of their insurance claim, but they are able to negotiate for a better settlement without needing to file a lawsuit or go through a trial. Once an insurance company makes an initial offer, an experienced attorney will then counter that offer with their own calculations, and go from there in an attempt to reach a reasonable middle ground. If your attorney is unable to reach an agreement that makes financial sense for you, the next step will be to file a formal complaint with the California courts and begin to prepare for trial.
