California ranks #1 in the US for the number of registered motorcycle licenses, which also puts the state at the top for motorcycle accidents.
According to the California Office of Traffic Safety statistics, there were 16,505 motorcycle crashes in 2016, leading to 548 fatalities and injuring more than 15,500. Due to the size difference between a passenger vehicle and motorcycle, it’s not surprising that the injuries are often catastrophic.
At GJEL Accident Attorneys, our Fresno
motorcycle accident lawyers are dedicated to fighting for
the rights of victims who suffer devastating losses in such a crash. Please
contact our office to set up a no-cost case evaluation regarding your options,
and read on for some important information about these cases.
How California Motorcycle Accident Cases Work
As with most traffic crashes, the vast
majority of motorcycle collisions in California occur because someone was
careless or reckless. In the legal field, this concept is termed negligence and
it requires you to prove four elements to recover compensation:
- You need to show that the other driver had a
duty to operate the vehicle safely;
- You must prove that the responsible motorist
failed in this duty;
- You have to establish a direct link between
the breach of duty and the motorcycle accident in which you were injured;
- You need to prove that you sustained losses
as a result of your injuries.
Filing a Claim for Motorcycle Accident Injuries
Because motorists in California are
required to carry auto insurance, your first step in seeking compensation for
your losses is to file a claim with the insurer. These companies operate to
make a profit, so your claim is a threat to this business objective. You
shouldn’t expect an easy claims process, as you’re more likely to receive a
rejection or low counteroffer. With an attorney’s help, you’re in a better
position to obtain a settlement amount you deserve.
If the insurance company won’t resolve
your claim for a fair, reasonable amount, you may need to file a lawsuit in
court. The litigation process is very complicated, encompassing high-level
legal concepts and strict court procedural rules. For one, you must comply with
California’s statute of limitations. You have two years from the date of your
motorcycle accident to sue the responsible parties. Your claim is barred
forever if you don’t comply with this time limitations.
Just as with the claims process, it’s
important to have a lawyer represent your interests if it becomes necessary to
seek compensation through legal action. With an attorney’s help, you can
recover for such losses as:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Emotional distress; and,
- Many more.
Contact Our Fresno Motorcycle Accident Lawyers to Discuss Your Rights
For more information on your legal
options as the victim of a motorcycle accident, please contact GJEL Accident
Attorneys right away. You can schedule a free consultation with an attorney by
calling 866-249-2142 or visiting us online. We can explain
the claims process and other remedies after reviewing the details of your case.