As per the National Highway Traffic Safety Administration’s Fatal Analysis Reporting System, California witnessed about 2,655 fatal crashes that involved motorcycles between 2014 and 2018. The state also experiences an average of 666 fatal motorcycle accidents each year. These staggering figures prove just how vulnerable motorcyclists are on the road. In a motor vehicle accident, bikers take the brunt of the impact and sustain severe injuries.
If you were involved in a motorcycle accident that resulted in serious injuries due to the negligence of another driver, you can hold them responsible for their actions and get them to pay for the losses you suffered. Before filing a personal injury claim to recover damages, you need to hire an experienced motorcycle accident lawyer in Reseda.
The Law Offices of Rosenstock and Azran can help you with your case and represent your interests. Schedule a free consultation with us now.
Motorcycle Accident Lawsuit Process
If you’re thinking of filing a motorcycle accident lawsuit against the culprit for causing your injuries, it’s best to familiarize yourself with the legal process to do things the right way. Here is a summary of the motorcycle accident lawsuit process.
The Accident
A motorcycle accident occurs when a motorcyclist suffers injuries in a motor vehicle crash. The cause of the accident could be reckless driving, distracted driving, DUI, or hazardous road conditions. Even if you were partially responsible for the crash, you could recover some damages, as California follows the pure comparative negligence rules.
Medical Treatment
If the victim suffered injuries in the accident, they’d have to get immediate medical treatment. Even in the case of minor injuries, it’s ideal to see a doctor once rather than taking a risk, as delayed pain is not uncommon if the victim also suffered shock after the accident. At the hospital, you’d be expected to document your injuries and ask for your medical records from the doctor. This would validate your accident injuries and help prove that you were indeed the victim of the crash and deserve compensation for the medical bills.
Investigation
The next step is investigating the accident to prove negligence on the other driver’s part. The investigation would include collecting evidence that proves liability, including photos and videos of the crash and statements of witnesses. You’d be required to jot down the personal information of the witnesses so their testimonies could be later used in your favor. While you’re at it, you should also note down the personal information of all the other parties involved and the information of their vehicles. At this stage, it’s best to hire a personal injury lawyer. Schedule a free consultation with The Law Offices of Rosenstock and Azran.
Calculation of Damages
To determine your case’s worth once you’ve hired a lawyer, they would calculate the total damages you suffered, including medical bills, lost wages, property damages, and other losses. This will help your lawyer develop a figure to start negotiations with the insurance company.
Demand Letter
Your lawyer would then write a demand letter to the insurance company and the defendant, urging them to pay the compensation amount. The letter would include the warning that they would have to file a lawsuit to recover the money if they failed to pay the required amount.
Negotiations
Your lawyer would start the negotiations with the insurance company and persuade them to pay you fair compensation. Most insurers try to avoid lawsuits, so if you have a skilled negotiator doing your bidding, you could reach an out-of-court settlement and save yourself from going to trial. It would be your decision to accept the settlement amount or not. If you’re not satisfied with what the insurance company offers, you can file a lawsuit.
Lawsuit
If the insurance company refuses to give you the desired settlement, you can file a complaint against them, provided that you do so within two years of the accident. The at-fault party would have 30 days to respond to the complaint. Filing the complaints cost money. The filing costs could be added to your compensation amount the more the at-fault party fails to respond.
Discovery and Motions
Both the parties would share necessary evidence and calculate their chances of winning if the case goes to trial. This allows both parties to reassess their situation. During the discovery phase, could the defendant give in and pay the amount if they realize that they have a low chance of winning the trial. But if there are other legal concerns, either of the parties could file a motion.
Trial Schedule
If no agreement can be reached between the parties, a trial will get scheduled. Both the parties would be notified of the trial date, which could easily take over one year in a bustling state like California.
Trial
The judge or jury would hear both sides of the story and analyze all the evidence. The trial would consist of the presentation of evidence and cross-examination. In the end, the judge would decide the verdict. To get a favorable court verdict, you need to have an experienced lawyer presenting your case. Call The Law Offices of Rosenstock and Azran now.
The Law Offices of Rosenstock and Azran
The Law Offices of Rosenstock and Azran is a personal injury law firm with 30 years of experience in fighting motorcycle accident cases. For example, we have successfully recovered $1.85 million in a wrongful death/motor vehicle accident cases, thanks to our expertise and commitment to getting all our clients justice. If you want a lawyer who would dedicate all their resources to win your motorcycle accident case, schedule a free consultation with us now.
Frequently Asked Questions (FAQs)
How can a lawyer help me?
Dealing with negligent parties, insurance companies, and navigating the legal process is difficult, and when you are physically injured and traumatized due to the accident, everything can drain you. Moreover, you may be intimated into accepting a lesser settlement. Hiring a lawyer can benefit you as they do all the work for you – research the facts, build the case, and negotiate on your behalf.
How long does it take to resolve a case?
Unfortunately, there is no definite timeline as a personal injury claim depends on many factors, such as the cooperation between both parties and the amount of evidence you have to support your claim. However, we can offer more information once we discuss your case and see the relevant facts. Contact us.
We will stay in touch with you throughout the case and give our all to getting you the compensation that you deserve for your pain and suffering. If you or any of your loved ones have been involved in the motorcycle crash in California, call us now.