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Motorcyclists are particularly vulnerable to accidents in a way that drivers of cars can sometimes forget. The lack of protection around them, including unenforced safety gear, can lead to a higher risk of injury. If you are seeking compensation for damages incurred during an accident, an Upland motorcycle accident lawyer from the Law Offices of Christian J. Amendt can help you through the personal injury case.
Motorcycle accidents are, unfortunately, common in California. Some of the most common causes of accidents in the state are:
It is important to note that accidents do not always occur due to negligence alone. Weather conditions can make roads unexpectedly unsafe, causing safe drivers to experience unmanageable driving circumstances. However, drivers are responsible for adjusting their driving habits to the weather conditions.
Right after you have been in an accident, move yourself to a safe area away from the road. Check yourself for any blatant injuries, as well as the other parties involved. Local law enforcement must be contacted immediately if any injuries have been sustained, someone has been killed, or there has been significant property damage to anyone’s vehicle.
California requires that you report the accident to your own insurance company within ten days of the accident. The company may send an in-person insurance adjuster to you to assess damages or conduct a virtual check of your motorcycle.
Although you have ten days to report the accident to your insurance, you have two years from the date of the accident to file a personal injury claim and three years to file a claim for property damages. If you miss these deadlines and file a claim late, it’s likely that your case will be automatically dismissed.
At every stage, documentation is crucial. Take photos at the scene of the accident of any property damages everyone incurred and visual evidence of any injuries acquired. Remember to collect contact information from witnesses. Witnesses can be especially useful during the claim period when lawyers are building a case for compensation. For optimal outcomes, you will need to prove fault for the accident, which can be corroborated through witness testimony.
Compensation for property damages and personal injury claims is calculated by examining a number of factors, including:
California uses what is known as a “pure comparative negligence” rule, wherein your compensation is dependent on how liable you were for causing the accident. Some states will only approve compensation for you if you are less than 50% liable for the accident. Some exclude you from compensation if you are even 1% liable. California allows you to be up to 99% liable for an accident, in which case you would only be capable of receiving 1% of the compensation you requested.
The attorneys at the Law Offices of Christian J. Amendt are knowledgeable about working with insurance companies. We are familiar with predatory practices and potential arguments against your case. Our experience handling a variety of accident cases in Upland makes us a strong contender to fight for compensation on your behalf. Let us take on the heavy lifting of legal proceedings so that you can focus on recovering from your injuries.
If you have been in a motorcycle accident, move yourself to safety and assess yourself for any injuries. Report the accident to the police and emergency services if anyone has been injured. You should also alert your insurance provider. To start a personal injury claim, you will need to follow up with a medical professional to determine the extent and treatment of your injuries.
The right motorcycle accident lawyer should have the ability to look at all the facts of your case and create a compelling argument regarding your liability and that of the other party. Determinations of liability can drastically affect the amount of compensation you are paid. Your lawyer should have experience in negotiating with insurance companies and success in presenting claims in court.
It is difficult to calculate the average motorcycle accident settlement in CA because it depends on the unique circumstances of each accident. Motorcycle riders who are only affected by property damages will have a drastically different experience and settlement than riders who become paralyzed. An accident attorney should be committed to getting you the compensation you need regardless of the extent of the damages.
The recovery process for a motorcycle accident is dependent on the details of the accident. Accidents on the road can result in injuries as small as scrapes or as permanent as death or disability. It is important to remember that you do not have to tackle the recovery process alone. While you are focusing on your recovery, a motorcycle accident attorney can handle the strenuous legal processes for you, getting you the compensation you deserve.
If you need a skilled Upland motorcycle accident lawyer to help you navigate your case, we are here for you. At the Law Offices of Christian J. Amendt, we handle vehicle accident claims of all kinds. To learn how we can help you, schedule a consultation today.