Few types of motor vehicle crashes caused injuries as life-threatening as motorcycle accidents. This is partly because motorcyclists are not surrounded by protection the same way other types of motorists are. Without this protection, bikers are far more likely to suffer debilitating and catastrophic injuries.
If your injuries have taken a toll on your life and you do not know where to turn for help, do not hesitate. Contact a reputable Costa Mesa motorcycle accident lawyer at Simmrin Law Group for a free consultation. When you do, you can further discuss your legal options for financial relief, find out how much your claim is worth, and learn more about how the motorcycle accident claims process works.
Causes of Motorcycle Accidents in Costa Mesa
Your motorcycle accident lawyer in Costa Mesa, CA, will need to evaluate because of your collision so we can determine which parties should be held accountable for your damages.
Although you might believe it is obvious who is responsible for causing your injuries, you might be surprised to learn other parties could share the blame or multiple entities are accountable for your injuries. With that in mind, some of the most prevalent causes of car accidents include:
- Potholes
- Failure to check blind spots
- Following too closely
- Drunk driving
- Driving under the influence of drugs
- Aggressive driving
- Reckless driving
- Failure to use a turn signal
- Failure to stop
- Driving over the speed limit
- Improperly secured road work zones
- Failure to replace missing street signs
- Failure to fix broken traffic lights
- Failure to install street lamps
- Distracted driving
- Failure to yield to the right of way
Proving Negligence and Liability for Your Motorcycle Accident Damages
Your motorcycle accident lawyer will be tasked with proving the defendant’s liability based on a preponderance of the evidence. We must present compelling evidence that leaves a little doubt in the minds of the judge and jury that the accused is responsible for your damages.
The type of motorcycle accident you were involved in will help us uncover the liable party’s identities. For exa drunk driver caused your motorcycle accident, you might be ready to take legal action against the driver that hit you. However, you might be surprised to learn that besides the drunk driver being responsible, local social hosts or dram shops, according to California’s dram shop liability laws.
For this reason, you will need to rely on your motorcycle accident attorney in Costa Mesa, CA, to conduct a thorough investigation. This way, we cannot cover the identities of all parties who contributed to your injuries. Then, we can move forward with your insurance and civil claims against them.
California Comparative Negligence Laws
It would help if you prepared yourself for being accused of sharing the blame for the injuries you sustained. This is one of the top ways liable parties avoid being held accountable to the fullest extent of the law. If they can argue you are partially to blame for your injuries, your settlement could be reduced in proportion to your percentage of fault.
This is because California follows a pure comparative negligence system. Here, you are not prevented from recovering compensation for your damages if you share fault, but your settlement will be reduced to account for your percentage of liability. For example, if you were not wearing a motorcycle helmet during the accident, the defense might argue you share the blame for your injuries.
If the judge agrees, they will assign you a percentage of liability. For this example, let’s say they set your portion of liability at 25%. In that case, you could expect your settlement to be reduced by 25% as well. For this reason, having your motorcycle accident lawyer ensure fault is always evaluated correctly is crucial.
Ways to Recover Total Compensation for Your Damages
When you have suffered critical injuries in a motorcycle wreck, you might be confused about what to do next. Several legal options could be available, depending on how your injuries occurred in the individual circumstances of your case.
Generally, you have the option of filing a claim with the insurance company, bringing your case to court, or a combination of both. However, when you file a claim with the insurance company, be aware you may be limited by how much coverage the policyholder purchased. Since California follows fault insurance laws, after an accident, you file a claim with the at-fault party’s insurer.
This means the compensation you can receive is tied to how much coverage the policyholder purchased. If they only purchase the minimum amount of coverage by law, you might find this insurance settlement does not cover your damages in full. Thankfully, you can file a civil lawsuit against the liable party whereby you can recover your remaining damages and access total rent reimbursement of your losses.
How Insurance Companies Handle Motorcycle Accident Claims in Costa Mesa
Do not expect your insurance claim to be settled quickly. Although you have the right to compensation for your damages, and the insurance company is obligated to compensate you, that does not mean they will do so without putting up a fight. The insurer will lose money by settling your claim.
This means they are going to take their time and look for opportunities to reduce your payout or deny you the compensation you deserve to protect their own profits. We do not have the patience for advantageous insurance companies. We will negotiate with the insurance company and be prepared to hold them accountable to the fullest extent of the law if they attempt to handle your claim in bad faith or make you an insultingly low settlement offer.
Reach Out to a Costa Mesa Motorcycle Accident Attorney for Help Today
You do not need to cover the costs of your damages when another party’s wrongful, negligent, or reckless conduct is the cause of your injuries. You can demand they be held accountable and compelled to compensate you for every loss.
While you recuperate from your injuries, get a dedicated Costa Mesa motorcycle accident lawyer at Simmrin Law Group working for you. Schedule your no-cost, risk-free consultation as soon as today when you call our office or fill out our convenient contact form.