Seeking compensation for a motorcycle accident that wasn’t your fault isn’t easy. For help, team up with a Pasadena motorcycle crash lawyer. You were extra careful with your motorcycle. You bought the insurance, and you wore your helmet, but the unthinkable happened—you were hurt in a motorcycle accident.
It’s an all-too-common story on Pasadena’s roads, often ending with sky-high medical expenses and other financial hardships. Now, you’re probably wondering what to do next. If you need compensation to get your life back on track, you’ll likely want to work with a Pasadena motorcycle accident lawyer at Haffner Law as you seek compensation through a personal injury claim.
We’re ready to provide a qualified legal ally who will stand by and advocate for you through the many challenges you’re likely to face.
Why Do I Need a Motorcycle Accident Lawyer in California?
While having a lawyer handle your motorcycle accident claim in California is unnecessary, motorcyclists must be highly cautious when depending on insurance adjusters to obtain the financial assistance they seek. Insurance companies like using old “reckless motorcyclist” stereotypes and frequently attempt to transfer blame to the rider, regardless of what a police accident report shows.
Our competent Pasadena motorcycle accident lawyer conducts extensive investigations on behalf of a client to ensure that insurance companies are held accountable. If not, motorcycle accident victims may be forced to pay for half or more of their medical expenses out of their wallets.
A motorcycle rider also has a significantly higher risk of serious injury than someone in a better-protected vehicle, SUV, or truck. Medical treatment is frequently far more expensive and may even be required throughout a lifetime. Insurance firms must be held liable for every recovery expense and lost salary a victim incurs.
We closely monitor all communications with insurance providers to ensure that you receive a fair settlement to safeguard your money now and in the future. We will also send a strong message to the insurance company that they may face a court date if they refuse to extend a reasonable settlement offer.
As insurance adjusters try to avoid being dragged before a judge and jury, this might mean thousands of dollars more in a settlement award.
Facing Biker Stereotypes
Most motorcyclists are aware of the negative stereotypes about bikers—that they’re reckless and careless, often failing to observe traffic laws. You know that’s untrue, but did you know this stereotype could still affect your compensation claim? That’s because insurance companies jump at the opportunity to point to that unfair picture of motorcyclists as evidence that you must hold some of the blame for your accident.
If you hold the blame, you receive less compensation, and the insurance company gets to keep its money. A Pasadena motorcycle accident injury lawyer can help you fight back against those kinds of insurance company tactics.
The Many Causes of Motorcycle Accidents
Many factors can contribute to a motorcycle accident, but a large number of Pasadena motorcycle crashes are caused by the negligence of another driver. If that’s the case in your crash, that means you can hold the negligent driver accountable for your damages. Driver negligence could include driving at an unreasonable speed, texting while driving, driving under the influence of alcohol or drugs, and a host of other behaviors.
However, you’ll have to prove that the other party was negligent and caused your motorcycle accident. That’s something your attorney will be able to help you with.
What Are the Other Leading Causes of Motorcycle Accidents in California?
Although riding a motorbike is a popular pastime in the state due to the beauty and weather, accident statistics should give all riders pause. Incidents are frequently caused by motorcyclists, although other motorists on the road cause the majority of accidents.
- Intoxicated Driving
- Reckless Driving
- Unsafe Speed
- Incorrect Turn
- Driving While Distracted
- Following Too Closely
- Lane Splitting
- Collision With a Fixed Object
- Hazardous Roads
- Car Doors
- Motorcycles That Are Malfunctioning or Defective
- Inexperienced Motorcyclists and Drivers
What Are the Most Common Motorcycle Accident Injuries?
According to the National Highway Traffic Safety Administration, riding a motorbike puts you nine times more at risk of injury than driving a car. Each of these injuries has the potential to be extremely serious, even life-threatening, and you should always seek medical assistance following a motorcycle accident (even if you feel fine).
Here’s a list of some types of motorbike accident injuries.
- Road Rash
- Fractures of the Face
- Bone Fractures
- Injuries to the Soft Tissues
- TBI (Traumatic Brain Injury)
- Injuries to the Neck
- Injuries to the Spinal Cord
What Are the Steps You Must Do Following a Motorcycle Accident?
Even while wearing a helmet, a motorbike rider is rarely unharmed in an accident. That’s why the steps injured riders take after a crash may make or break their physical, mental, and financial well-being in the long run.
Following a collision, injured motorcyclists may be in pain, unconscious, or unable to move. If at all possible, you should try to do the following after a motorbike accident:
Remain Calm
Your adrenaline and emotions may be racing, but now is the moment to keep them under control. Take a few seconds to compose yourself before proceeding with the remaining procedures.
Get Safety
Move from the street, the flow of traffic, and any risks such as gas leaks, fires, or damaged structures.
Examine Yourself for Injuries
Even seemingly small injuries that go untreated might result in future medical bills. Look for any injuries you may have incurred, but don’t think you’re fine simply because you feel well—adrenaline may hide your symptoms both during and after a motorbike accident.
Notify Emergency Services
If anyone has been injured in the collision, call 911 right away. Request an official accident report from the police—a police record is frequently your greatest chance of establishing your motorbike accident claim.
Record the Accident
Exchange insurance and contact information with all other parties involved. Take photographs of the accident site and document whatever you recall about it that may be beneficial – for example, the time, location, and damage to your property can all assist show that the other person or parties are at fault.
Finally, share contact information with any witnesses to your accident so that you may obtain a written statement from them later.
Don’t Admit Fault
Following your collision, you must speak with multiple parties, including the police, the at-fault motorist, and an insurance adjuster. You must not confess blame since doing so might be used against you during settlement discussions.
Consult a Motorcycle Accident Lawyer
Insurance companies will do everything in their power to reduce the value of your claim. You need a law firm that isn’t afraid to fight back, and that’s where Haffner Law comes in. Our competent Pasadena motorcycle accident lawyer can help you get your life back on track by shortening the timeline of your motorcycle accident claim.
Helmets are the only strategy demonstrated to reduce motorcycle collision deaths.
Who is to Blame Following a Motorcycle Accident?
Riders must use safe riding techniques to address recognized dangers predictably to ride a motorbike responsibly and defensibly. These measures can go well beyond simply understanding fundamental driving laws and regulations. If a car driver does not drive safely near a motorcyclist, they may be held liable for injuring the motorbike accident victim.
On the other hand, a motorcyclist might be found negligent if they were careless while riding. Our knowledgeable Pasadena motorcycle accident lawyer is well-versed in assessing faults in motorcycle accidents.
What If I Didn’t Have a Helmet?
California has been designated as a comparative negligence state. This means that if someone is injured in an accident, they may share some liability for the accident or injuries. However, with the assistance of our Pasadena motorcycle accident lawyer at Haffner Law, victims may still be entitled to compensation.
California law, for example, requires all motorcycle drivers and passengers to wear a helmet at all times. If you are riding a motorbike and are involved in an accident that causes injuries, you may be partially liable if you were not wearing a helmet at the time of the accident.
The comparative negligence ruling in California enables you to seek compensation if you are injured in a motorcycle accident, even if you were not wearing a helmet.
What If I Don’t Have Insurance?
Even if you did not have insurance at the time of the motorbike accident, you could still seek compensation for your injuries if the other party was at fault. Because of the lack of liability coverage, the compensation will be restricted. In California, all drivers must have liability insurance, which is distinct for vehicles and motorbikes.
If you are at fault in an accident, this covers the injuries of others. If you are injured in a motorbike accident and do not have insurance but are not at fault, you will still be punished. The punishment is that you cannot claim compensation for your pain and suffering. You can only seek monetary compensation (including property damage, medical bills, and lost wages).
If you did not have insurance at the time of your accident but were not at fault, contact our skilled Pasadena motorcycle accident lawyer from Haffner Law now.
How is Negligence Established in a Motorcycle Accident Lawsuit?
If you file a personal injury lawsuit following a motorcycle accident, you will almost certainly include a claim or claims for negligence against the at-fault motorist. Negligence is defined as failing to behave with the level of care that a reasonable person would have used in the same or similar circumstances.
A standard negligence lawsuit in California consists of five factors. An “element” is a crucial component of a legal claim. Your claim will fail if you cannot demonstrate all of the following elements by a preponderance of the evidence.
Duty
The defendant must be legally obligated to act specifically toward the injured motorcyclists. The “defendant” in a motorcycle accident involving a passenger vehicle or commercial truck is the at-fault driver. Drivers of passenger vehicles and commercial trucks nearly always have a legal obligation to exhibit reasonable care toward motorcyclists on the road.
Breach of Duty
The motorist must have violated his or her duty of reasonable care. If a motorist violates a traffic law and hits a motorcycle, the court may immediately conclude that the driver failed his or her duty of care under a legal doctrine known as “negligence per se” in California.
Cause-in-Fact
The injured motorcyclists must prove that the driver was responsible for their injuries and other damages. This aspect is commonly referred to as “but-for” causation since the injured motorcycle rider must demonstrate that his or her injuries and other losses would not have occurred for the driver’s conduct.
Proximate Cause
In a motorcycle accident lawsuit, the driver will only be legally and financially accountable (or “liable”) for the injuries incurred by the motorcyclist that were reasonably foreseeable due to the collision. Serious injuries are considered to be predictable results of careless driving in most motorcycle accident claims in California, and proximate cause is shown.
Damages
The injured rider must demonstrate that the motorcycle accident resulted in legally recognized harm, such as bodily injury, financial losses, or damage to his or her motorbike and other property.
Compensation for Your Pasadena Motorcycle Accident
Motorcycle accident injuries can range from minor cuts and bruises to death. Almost all motorcycle crashes lead to significant expenses, however. A Pasadena motorcycle wreck lawyer can help you determine what your claim is worth. Your attorney may advise you to seek compensation for the following damages:
Commonly recovered damages in motorcycle accident cases:
- Wages lost during your recovery or due to disability
- Medical bills and expenses, including future healthcare costs
- Motorcycle damage
- Reduced quality of life
- Pain and suffering
- Wrongful death
How to File a Wrongful Death Claim After a Motorcycle Crash?
Every year, thousands of motorcycle riders are killed in accidents. California law now permits families to seek compensation for the death of a loved one who was killed in an accident caused by a careless or reckless motorist. Depending on the circumstances, survivors may be entitled to the following compensation:
- Lost financial assistance
- Lost household services
- Lost love, caring, companionship, and emotional support
- Funeral and burial costs
It’s hard to place a monetary worth on the loss of a close family member, and no amount of money will ever be able to bring them back. However, the surviving family is entitled to the full recovery provided by the law in the event of wrongful death.
Furthermore, a successful wrongful death claim may force the at-fault party to take measures to prevent others from experiencing the same fate.
Statute of Limitations for Pasadena Motorcycle Accidents
Keep in mind that the statute of limitations establishes a time limit for you to file your motorcycle injury claim. In California, this period is two years from the day you are injured. If you fail to meet this deadline, you will miss your chance for compensation.
Speak With a Pasadena Motorcycle Accident Attorney
Motorcycle accidents shouldn’t be taken lightly, and you shouldn’t take your compensation claim lightly, either. That’s because you will face significant resistance as you pursue the compensation you’re entitled to. Without the right help, you might not get what you’re owed.
To boost your chance of being compensated after your motorcycle accident, get in touch with Haffner Law. You can schedule a consultation with a Pasadena motorcycle accident lawyer today by calling us or filling out our online contact form, which can be found at the bottom of this page.
