Motorcycle riders are the most vulnerable drivers on the road. The motorcycle accident attorney in San Diego knows that San Diego has more than its fair share of injuries and deaths from accidents involving motorcycles each year.
You might feel your stomach roll when you come upon a motorcycle on your way home from work. You recognize the danger that a biker faces every time they are on the road. Your instinct is to back off and give the biker more room. You don’t want to risk hitting them and causing what is highly likely would be serious injuries. But all drivers don’t have the same respect for the two-wheeled drivers on our roads.
Increasingly, drivers are becoming biased against motorcycles, believing they are reckless by nature. Some drivers resent bikers enough that they simply refuse to give them the right-of-way. Others fail to see motorcycles and may turn in front of them or clip them when changing lanes. The action or inaction of a driver can result in an accident that leads to serious or deadly injuries to the motorcycle rider. When it does, proving fault is the motorcycle accident attorney’s first priority.
Personal Injury Claims
A personal injury claim is one that a person makes after they are hurt due to another person’s negligence or a willful act. When a motorcycle rider is injured, the other driver is at fault if they failed to see him, deliberately hit him, or failed to give him the same respect as other drivers on the road.
Motorcycle injuries are often severe, leading to high medical bills that grow progressively larger over time. They may require surgery, medication, or treatment for the rest of their life. Their injuries can keep them from working, spending time with their family, or having the freedom to drive ever again.
To collect compensation to pay medical bills, pain and suffering, and to replace their income, the biker will submit a personal injury claim. The odds of winning his personal injury case depend on the attorney’s ability to prove that the other driver was at fault. He needs an experienced motorcycle accident attorney in San Diego to meet this challenge.
Common Problems in Proving Fault
To the onlooker, proving fault might look like a simple task. They probably think that it was obvious that the biker or the other driver was to blame. The conclusion that a person comes to about fault in a motorcycle wreck usually depends on their attitude towards bikers to start with.
The attorney will look for evidence that proves the motorcyclist was not violating any traffic laws at the time the accident occurred. In addition, he must find proof that the other driver was negligent or that they committed a traffic law violation at the time of the accident.
Like many drivers, the insurance company is more likely to point a finger at the biker. If he wasn’t wearing a helmet or he was driving fast, they will try to put all of the blame on him. This makes it even more challenging for the motorcycle rider. He must prove that he didn’t cause the accident and also that the other driver did. To make things more complicated, California is a “ opens in a new windowshared negligence” state. This means that the law considers the degree of fault by both parties evenly. You should know that even if you are found partly at fault for causing the accident, you can still collect a percentage of the damage that you obtained.
The Cost of a Motorcycle Accident
The possibility of being killed in a motorcycle accident is opens in a new windowthirty times greater than in an automobile crash. If you survive the crash but have serious injuries, your costs could easily exceed a million dollars.
There is very little protection between you and the pavement or the other car. When something as heavy as a car runs into you, the odds of surviving without being seriously injured are very slim. Even the best health insurance policy won’t pay for all of your medical treatment. You will have co-pays and deductibles, not to mention the services that they won’t cover at all. Getting the money you need to pay these bills lies in the hands of your attorney and his ability to prove fault in your personal injury case.
Why You Need a Motorcycle Accident Attorney in San Diego
If you have been severely injured in a motorcycle accident that was caused by another person, you have the right to compensation. The most important decision you will make after your accident is which attorney to hire.
Make no mistake, an attorney who is not experienced in this area of the law is not prepared to handle your case as efficiently as you need. The other team will come at you aggressively to disprove your case. There are many tactics that insurance companies use to keep from paying you. You need someone who is just as aggressive and who has an even deeper knowledge of the law to fight for your rights. He knows what to do from filing the paperwork, to collecting evidence, to negotiating a fair settlement with the insurance company.
A motorcycle accident attorney in San Diego has access to information about the accident and the other driver to help him prove fault in your case. He will look at the accident report, eye witness testimony, skid marks at the scene, and the damage caused by the accident to prove the other driver was at fault. Not only do you need compensation for your current needs, but also for the treatment you may require in the future.
Who Pays the Winner of the Personal Injury Case?
When you file a personal injury claim, it will begin the process to collect money from the at-fault driver’s insurance company. This means that you won’t be battling just with the other driver, but with the insurance company and the adjuster who represents them.
Your personal injury attorney has a great deal of experience arguing for motorcycle rider’s rights and for making great deals. He knows the law, what a fair settlement for you would be, and what it takes to negotiate the settlement to get you the best outcome for your case.
While your attorney is working hard to prove the other driver’s guilt, the other side will work hard to put the guilt onto you. They will try to dismiss your injuries, make claims that you were driving recklessly and that you were speeding. Expect the insurance company to use every available tactic. They have just as much to lose as you have to gain.
An Ounce of Prevention
In California, all motorcycle drivers and passengers are required to wear a helmet. No other piece of safety equipment is more important if you are in a motorcycle crash. Take the next step and make your helmet colorful so that it improves visibility. When drivers claim that they hit a motorcycle because they didn’t see them, that puts the fault in the hands of the other driver. Still, it is always better to prevent accidents from happening in the first place so that you never face the challenge of providing fault.
Learn to Drive Defensively
Defensive driving is different for motorcycle drivers than for car drivers. For example, you should wear the right equipment. Wearing regular motorcycle clothing will protect your knees, elbows, and shoulders from fractures during a crash. These areas usually contact the pavement first and additional padding will help protect them.
Road rash is another reason that motorcycle riders should choose their gear carefully. If the impact is strong enough, you could end up with severe damage to the skin, soft tissues, or the bones.
Stay current on laws that pertain to motorcycle riders and observe them. Never be aggressive with other vehicles or their drivers. Maintain a level of confidence and always put safety above any desire to show off. Your life could easily be depending on it.
Improve visibility by wearing bright clothing, keeping your lights on while driving all the time, and be aware of other drivers. If you pay attention to what the other guy is doing, you never have to worry about a motorcycle accident attorney in San Diego pointing a finger of blame at you.
Get Under-Insured and Uninsured Motorist Insurance
Few drivers really understand what the terms on their insurance policies mean until they have an accident. It’s always a good idea to know what circumstances your insurance covers and those that they don’t. Under-insured and Uninsured motorists insurance is there to protect you when a driver with too little insurance strikes you. When you get these types of coverage, it can help you get the money you need to pay bills or prevent you from being sued.
Batta Fulkerson is an experienced personal injury firm that helps victims of motorcycle accidents get the compensation they need and deserve. Contact us when you need an experienced motorcycle accident attorney in San Diego to prove fault in your case.