You enjoy riding your motorcycle in Thousand Oaks, California. However, if you get into an accident with a negligent motorist, you can suffer the consequences. At this point, you can partner with a Thousand Oaks personal injury attorney to seek damages from the at-fault driver.
Simmrin Law Group can connect you with an experienced Thousand Oaks motorcycle accident lawyer right away. To get started, please reach out to us. Our attorney can take a look at your case and help you decide if now is the ideal time to file a motorcycle accident lawsuit.
How a Negligent Motorist Can Cause a Motorcycle Accident
In the United States, motorcycles make up 3% of all registered motor vehicles, according to the National Safety Council (NSC). Many motorcyclists wear a helmet, follow the rules of the road, and take other measures to travel safely. However, a negligent motorist can hit the road at any time, and they can strike a motorcyclist without notice.
There are many reasons why negligent motorists cause motorcycle accidents, such as:
Distracted Driving
California officials have established laws to crack down on distracted driving. Yet, motorists continue to get distracted behind the wheel. A distracted motorist can get into an accident with a motorcycle rider and be held accountable for any damages.
Drunk Driving
There is no reason for a motorist to get drunk and drive. If a person is found guilty of impaired driving, they can face civil and criminal consequences. An intoxicated driver that hits a motorcycle rider can get sued, too.
Speeding
A motorist can travel faster than the posted speed limit without or without realizing it. In this situation, the motorist can strike a motorcycle rider. Following the accident, the rider can sue the negligent motorist for any costs relating to their injuries and property damage.
At Simmrin Law Group, we take the guesswork out of motorcycle accident lawsuits. For more information, please get in touch with us. Our Thousand Oaks motorcycle accident attorney can help you move forward with a personal injury lawsuit.
How to Submit a Motorcycle Accident Claim
A personal injury lawyer can help you out after a car accident wreck or any other type of motor vehicle incident. They only have a limited amount of time to do so. This is due to California’s statute of limitations for personal injury lawsuits.
California residents have up to two years from the date they suffer a personal injury to request damages from anyone responsible for it. For example, you can get into a motorcycle accident in Thousand Oaks that occurs due to no fault of your own. You have up to two years from the date of your accident to request compensation from any at-fault parties.
A motorcycle accident lawyer in Thousand Oaks can go over your case with you. If you have a legitimate claim, they can file your lawsuit in alignment with California’s statute of limitations. They will make sure you can prepare a compelling argument to show a judge or jury why you deserve compensation.
How the Settlement Negotiation Process Works in a Motorcycle Accident Lawsuit
There can be times when a motorcycle accident victim is offered a settlement from an insurance company or the negligent motorist responsible for the incident. The settlement may seem fair, but it can actually be far less than what the victim has incurred in damages to date. With help from a motorcycle accident attorney in Thousand Oaks, you can evaluate a settlement, weigh its pros and cons, and make an informed decision about it.
You and the defendant in your lawsuit can engage in settlement negotiations until your case goes to trial. Over the course of your litigation, you may receive multiple settlement offers. You are not required to accept a settlement, but it is beneficial to review each one that comes your way.
Any time the defendant in your case proposes a settlement, your lawyer notifies you. If you decline a settlement offer, there is no penalty. You and your attorney can continue to negotiate a settlement, but if no agreement is reached, you will need a trial to resolve your case.
How a Judge or Jury Decides a Motorcycle Accident Case
In a motorcycle accident trial, a judge or jury listens to what all parties involved have to say. They then render a decision in which any of the following can occur:
- You are awarded 100% of the damages you requested.
- You are awarded a percent of the damages you requested.
- You are awarded no damages.
Your lawyer commits the time, energy, and resources required to help you build an argument that resonates with a judge or jury. If your attorney succeeds, a judge or jury may share your point of view. This can lead to a favorable ruling in which you get the damages you deserve.
Why You Can Be Found Partly at Fault for Your Motorcycle Accident
California is a pure comparative negligence state. As such, the damages you are awarded in a motorcycle accident claim can be reduced based on your percentage of fault. Even if the defendant in your case is primarily responsible for your motorcycle accident, you can still collect compensation.
For example, you can file a motorcycle accident claim in which you request $10,000. If a judge or jury finds you 20% at fault, the damages you are awarded will be reduced accordingly. This means you will receive $8,000 in compensation.
Your lawyer can explain the concept of comparative negligence in detail. They will do everything they can to show a judge or jury that you are in no way responsible for your motorcycle accident. To accomplish their goal, your attorney will work with you to develop an argument that makes it clear why a negligent motorist should be required to pay all of the damages associated with your motorcycle accident.
Take the First Step to Submit a Motorcycle Accident Claim
The team at Simmrin Law Group can examine your Thousand Oaks motorcycle accident case and help you navigate the legal process. To learn more or request a free case evaluation, please contact us today.