Huntington Beach Motorcycle Accident Lawyer

Huntington Beach Motorcycle Accident Attorney

Any type of auto accident has the potential to be a terrifying and upsetting experience. However, the consequences of a motorcycle accident can be far more severe because motorcycle riders are more likely to sustain catastrophic injuries. If you’ve been in a motorbike crash and are attempting to deal with the fallout, a Huntington Beach motorcycle accident lawyer can help.

Why Choose Us?

Motorcycle accidents are only one of the many accident-related scenarios that Kenneth M. Sigelman & Associates has experience with. We can handle every aspect of the legal procedure on your behalf, including gathering relevant evidence, investigating your case, resolving conflicts with insurance companies, negotiating settlements, and providing you with legal representation in court.

Our goal is to see to it that you receive fair compensation for the damages you suffered from the accident. We can provide you with the legal support you need to navigate the court system skillfully during this trying time.

Common Causes of Motorcycle Accidents

Motorcycle riders are intrinsically more vulnerable to serious collisions than other drivers because they do not have the protection of airbags or the safety of an enclosed vehicle to lessen the force of an accident. In addition, motorcycles are far smaller than most other cars on the road. However, there are additional causes for motorcycle mishaps. The most common ones are:

• Road dangers. Road dangers have a greater impact on motorcycles than on other types of vehicles. Puddles, recently painted lines, tree limbs, rubbish, and railroad tracks are a few examples of road dangers.
• A mistake by the rider. Certain acts may sometimes make the rider accountable for the collision. Running red lights, speeding, driving while intoxicated, and distracted driving (such as texting and driving) are a few of these behaviors.
• Lane splitting. Lane-splitting is the practice of motorcycle riders traveling between two lanes, particularly in slow or stopped traffic. Despite the fact that this is not uncommon, as a result, more accidents are likely to occur. Because other automobile drivers aren’t normally expecting to see a motorcycle alongside them, it is easy for them to miss it if they decide to change lanes.
• Colliding with immovable obstacles. A motorcycle that collides with something such as a guardrail, tree, or fire hydrant can cause serious injuries to the rider,
• Head-on crashes. Most motorcycle accidents involving one or more other vehicles are caused by head-on collisions. Motorcyclists who rear-end other people are less common.
• Left-hand turns. One of the most frequent causes of motorcycle accidents is left-hand turns by other cars. Accidents at intersections frequently occur for a number of reasons, including drivers being distracted, misjudging the speed and/or distance of the motorcycle, speeding, or failing to detect the motorcycle at all.

Damages in a Motorcycle Accident Case

When a person is in a motorcycle accident in Huntington Beach and they suffer damages, they can usually seek compensation for costs and other suffering endured as a result. Most damages are either economic or non-economic.

Financial losses that may be traced back readily are known as economic damages. Medical bills, missed income, motorbike repairs, property damage, and other associated costs, such home modifications including wheelchair ramps, are a few examples of these.

Compared to economic damages, non-economic damages are more difficult to quantify. The total amount may be decided by the court if the case is tried. An attorney can advise you on how much is appropriate in your particular circumstances. Pain and suffering, psychological repercussions, emotional trauma, PTSD, and loss of quality of life are examples of non-economic damages.

Punitive damages are also possible, although less common. These damages are used strictly to punish the offender for their particularly flagrant behavior and are considered above and beyond the amount of your needs.

Some factors that affect your claim include the severity of your injuries, the evidence that is available to support your claim, your level of fault in an accident, and insurance coverage.

Proof in a Motorcycle Accident Settlement

Liability in motorcycle accident cases is usually based on “negligence.” When someone acts thoughtlessly or carelessly and injures another person, it is considered negligence. In order to prevent injury to other road users, such as other vehicles, passengers, and pedestrians, drivers must use reasonable caution. In the event that a motorist causes an accident due to negligence, they may be held accountable for the injuries and property damages that ensue.

Negligence in motorcycle accidents often involves the driver of another vehicle. Common negligent actions include speeding through red lights, stop signs, or yield areas; texting and driving; or cutting a driver off too closely.

Negligence can also include failing to act when appropriate, like failing to check blind spots before turning or merging. Motorcyclists can also be negligent, for example, by driving at unsafe speeds, ignoring stop signs, or lane-splitting.

Proving Negligence

To hold someone responsible for a motorcycle accident, you must prove negligence. This involves proving:

• Duty of care. The other driver owed a duty of care to be careful while driving
• Breach of duty. The other driver breached this duty by not driving carefully.
• The other driver’s negligence caused your injuries.
• You were injured or suffered losses as a result of their negligence.

Police reports, pictures from the scene of the accident, witness accounts, and a list of all the costs and damages associated with the accident can be used as evidence to back up your claim.

Pure Comparative Negligence in California

The pure comparative negligence rule is applied in California. This implies that you are still entitled to compensation even if you had some role in causing the accident. Your percentage of fault will be deducted from your settlement. For instance, your payout would be lowered by 30% if it was determined that you were 30% to blame for the accident.

How a Motorcycle Attorney Can Help

Sometimes, an insurance adjuster will make a reasonable settlement offer following a motorcycle accident. In other cases, however, having legal representation is imperative.

While you may be comfortable handling your claim and trying to negotiate a reasonable settlement, you may benefit from having a lawyer. For example, if the insurance company disputes an important detail that could significantly affect the value of your claim, you should consult with an experienced motorcycle accident lawyer. That attorney can help negotiate with insurance companies on your behalf to help fight for the settlement you need and deserve.

If you wind up filing a claim and the matter goes to court, a lawyer’s understanding of the local court system and the entire legal process, including discovery and potential appeals, is essential. Hiring a lawyer is primarily useful for their knowledge of legal details, such as the statute of limitations and specific pleading requirements, which ensures that you are prepared and compliant with all legal requirements.

FAQs

Q: How Much Are Most Motorcycle Accident Settlements?

A: Motorcycle accident settlements can vary widely depending on several factors, such as the severity of injuries, division of fault, and available insurance coverage. If injuries are minor, settlements are typically less. If major injuries have been sustained, settlements will be more.

Factors like medical expenses, lost wages, pain and suffering, and long-term disability significantly influence the settlement amount. Each case is unique, so it’s essential to assess individual circumstances and consult with a legal professional for an accurate estimate.

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

A: In California, the statute of limitations for filing a personal injury claim after a motorcycle accident is two years from the date of the accident. It’s important to adhere to these deadlines, as failing to file within the specified period can result in losing the right to seek compensation. Consulting with an attorney promptly can ensure that all legal deadlines are met.

Q: How Much Do Accident Attorneys Charge in California?

A: Accident attorneys in California typically charge on a contingency fee basis, meaning they only get paid if you win your case. Typically, contingent fees fall between 33 and 40 percent of the settlement sum. Injured parties can seek legal assistance without having to pay anything upfront because of this pricing model.

Whether or not the case proceeds to trial and how complicated it is will determine the percentage. It’s most advantageous to talk about price agreements upfront with your attorney.

Q: What Do You Do If There Is a Motorcycle Accident?

A: If you are involved in a motorcycle accident, first ensure your safety and the safety of others. Even if the injuries appear to be slight, report the accident to emergency authorities right away and get medical help. Take pictures of the vehicles, the injuries, and any other pertinent information to record the situation.

Share contact details and details about insurance with the other parties. If possible, obtain witness statements and maintain a record of all costs associated with the accident.

Contact Kenneth M. Sigelman & Associates Today

If you have been injured in a motorcycle accident, an attorney at Kenneth M. Sigelman & Associates can help you in the legal process. Contact us today to discuss your case.