California’s roads and highways offer pristine views that make for fun and enjoyable motorcycle rides. Driver neglect or misconduct can lead to an unexpected collision that can leave your motorcycle wrecked and your body severely injured. While no amount of money can make up for the trauma of going through an accident, monetary compensation can help you pay for medical bills and time missed from work. So, what is the average motorcycle accident settlement in California?

Am I Entitled to a Settlement Following a Motorcycle Accident?

Generally speaking, if someone’s negligence or misconduct leads to someone’s physical or mental harm, the victim can take legal action by working with a motorcycle accident attorney to file a personal injury claim. Your settlement payment may come from the insurance provider that insures the at-fault party, the driver, the company that hired the driver, or a combination of the three.

Many people have heard about personal injury cases involving medical malpractice and slip-and-fall accidents. These same legal protections apply to victims of a motorcycle accident. Personal injury laws allow injured parties to sue the people or groups that caused their injury.

Following a motorcycle accident, you may be entitled to take legal action in civil court. Your personal injury lawyer may investigate the accident to determine whether someone else was at fault for your injury. Even in situations where someone did not intentionally seek to cause an accident, they may still be held accountable if their actions led to your injury. Drivers have a duty of care to drive safely. They can be held financially liable for any damage they cause while driving.

You are not required to have an attorney when filing a personal injury claim, but having legal representation comes with many benefits and advantages. Your lawyer will handle the paperwork and filings on your behalf. An experienced personal injury lawyer understands filing deadlines and how to draft motions so they are accepted by the court.

The vast majority of cases do not go to trial. They are usually settled through a settlement outside of court. When both sides agree to the settlement amount, the case will be closed.

What Is the Average Motorcycle Settlement in California?

No two motorcycle cases are the same, and there is no way to accurately predict what your motorcycle accident settlement will be. An individual case’s settlement will depend on a wide range of factors.

The most important factor, of course, is who is at fault for the accident. If you caused the accident, you will not be able to file a claim against another driver. In that situation, you may require legal counsel to defend yourself from litigation from other injured parties.

Motorcyclists won’t be surprised to learn that the majority of accidents that involve a vehicle and motorcycle were caused by the driver of the vehicle. The insurance companies involved in the case will likely investigate the accident to determine fault. Your lawyer can conduct an independent investigation as well.

The other important considerations are the extent of your injury following the accident and the damage to your motorcycle. Motorcyclists are more exposed to the elements than drivers of vehicles, so they are more likely to incur injuries like broken bones, serious cuts, road rash, brain injuries, and even amputations.

If the insurance company of another driver determines that their insured driver was at fault for causing the accident, they will make a settlement offer. You are not obligated to accept the initial offer. Insurance companies often low-ball victims of accidents in an effort to save money. Your motorcycle accident attorney will review the settlement offer and tell you in detail if accepting the offer is in your interest.

The settlement offer may reach the maximum payout allowed by the policy. If that number is insufficient to cover your financial losses, your attorney can take further legal action on your behalf, possibly by filing a personal injury lawsuit against the negligent driver.

FAQs

Q: What Is the Average Bodily Injury Car Accident Settlement in California?

A: The average bodily injury car accident settlement in California will depend on many factors. Some cases will have a much lower settlement, while others that involve serious injury or death could be substantially higher. Settlements are intended to be proportional to the damage and injury done, so a minor crash with minor injuries may lead to a modest settlement offer from an insurance company.

Q: How Much Is the Average Settlement for a Back Injury in California?

A: The average settlement for a back injury through workers’ compensation in California can vary depending on the unique conditions of each claim. Anyone filing a workers’ compensation claim can benefit from hiring an attorney to handle the claims process. Like car insurance companies, workers’ compensation insurance companies have an interest in maximizing profits by paying minimal benefits when possible. Your attorney can fight for fair compensation for your work-related injury.

Q: What Is the Statute of Limitations on a Motorcycle Accident in California?

A: The state statute of limitations on filing a personal injury claim following a motorcycle accident is two years. This means that the injured party has two years from the date of the accident to take legal action against the at-fault party. If this deadline is missed, the motorcycle accident victim will not be able to take legal action to seek monetary compensation.

Q: Do 80% of Motorcycle Accidents Result in Death?

A: According to J.D. Power, 80% of motorcycle accidents result in death. This rate is 30 times higher than the fatality rate for drivers of cars and trucks. The main reason is that motorcyclists are largely unprotected from collisions. Even when wearing a helmet and jacket, a motorcyclist can sustain life-threatening injuries from a collision on the road.

Schedule Your Motorcycle Settlement Consultation Today

If someone caused an accident that caused injury, you may be entitled to compensation through the filing of a personal injury claim. Kenneth M. Sigelman & Associates is here to protect your rights and fight for your rightful compensation. We have helped many clients receive fair settlements following a motorcycle accident. Contact our office today so we can begin researching your case.