Motorcycle Accident Attorneys
Motorcycle accidents are unintended events that result in:
- Injury or,
- Property Damage
- Motorcycles – whether in motion or in readiness for motion, on
- A roadway used by the public for vehicular travel
According to the California Office of Traffic Safety, motorcycle fatalities rose from 352 in 2010 to 414 in 2011.
In 2010, 79 percent of motorcycle operators involved in fatal collisions were at fault and 57 percent of motorcycle operators involved in injury collisions were at fault.
According to the National Highway Traffic Safety Administration (NHTSA) there were 435 total motorcyclist fatalities in the state of California in 2012, up from 415 in 2010. Of those fatalities, 397 of the motorcyclists were helmeted, 32 were unhelmeted and 6 were unknown.
Hundreds of motorcycle accidents take place each year for a variety of reasons. The most common of these include:
- Other drivers on the roadway did not see the motorcycle
- Roadway hazards
- Defective equipment
- Severe weather conditions
- Exceeding the speed limit
- Operation of motorcycles while intoxicated
- Ignoring traffic signs and signals
- Lane splitting
- Driver losing control of motorcycle
Types of Motorcycle Accidents
The most common types of motorcycle accidents include:
- Head-on Collisions
- Failure to Yield
- Rider losing control of the motorcycle
- Crashes involving pedestrians and unaware riders
- Broadside collisions
- Careless operation of motorcycle
- Other drivers’ failure to see motorcycle
Motorcycle Accidents and the Law
Liability in the majority of motorcycle accidents is governed by The Law of Negligence. According to the law, people operating motorcycles must exercise reasonable care. Negligence pertains to the failure of a person to exercise reasonable care while operating a motorcycle. Thus, negligent motorcycle operators would need to pay for damages occurring because of their negligence. The injured parties or plaintiffs are required to prove that the:
- Negligent party (or defendant) is guilty
- The accident occurred because of the defendant’s negligence and,
- The accident resulted in the injuries sustained by the plaintiff
The Steps to Take Following Your Motorcycle Accident
The actions you take following your motorcycle accident could play a major role in determining whether or not you receive fair compensation for your injuries. According to California law, you must check to see if anyone has suffered any injuries in the accident. In the case that someone has become injured, you must contact the authorities and stay on the scene of the accident site.
Other steps you must take include:
- Collect contact details from other drivers involved as well as from any witnesses present
- Take photos of the vehicles, the site of the accident and of your injuries
- If you are unable to take photos, draw a diagram of the accident site
- Write down everything you remember about the accident as soon as possible to avoid missing or forgetting important details later on
- Be sure the police report includes your account of the accident
- Refrain from admitting fault for the accident either to the other driver or to authorities
- Seek immediate medical attention and document all your reports and injuries
- Consult a California motorcycle attorney
Some symptoms can appear much later, therefore it’s crucial to seek immediate medical attention so you completely recover as quickly as possible.
Maintain a detailed account of all the expenses incurred for treating the injuries sustained from the accident. This includes:
When Should You Contact a Motorcycle Accident Attorney
If you or someone you know has been involved in a motorcycle accident, you need to act promptly. Delays in contacting a motorcycle accident attorney could turn favorable conditions into ambiguous ones or worse, into hostile ones.
Delays in contacting your motorcycle accident attorney could result in:
- The loss of some evidence which would be difficult to obtain later
- The loss of witnesses who could become unreachable and,
- Insurance companies take advantage of your delay in contacting a motorcycle accident attorney
Why You Need a Motorcycle Accident Attorney
It’s common for victims of motorcycle accidents to want to handle their injury claim resolutions on their own. Thus, many decide against seeking the help of any motorcycle accident attorney. Instead, these people end up negotiating directly with the representatives of the insurance companies and this is where things start going wrong.
When dealing with an insurance company representative, you may feel that it is a one-on-one negotiation process. However, the reverse is true. A representative of an insurance company is just one aspect of the larger picture. What you don’t see are the teams of attorneys, medical experts, therapists, accountants, etc working in the background. The representative merely tells you what he or she decides which means you are completely on your own with no back up assistance. This puts you at a clear disadvantage from the start.
Insurance companies are in business to make profits. Therefore, directly negotiating with one could very well leave you shortchanged. Insurance companies typically:
- Promise to pay fair compensations
- Take recorded statements from claimants
- Have their medical representatives examine the claimant’s injuries and circumstances of the accident
While this may all seem like part of the formal process insurance companies must carry out before paying you any compensation, the truth is that they are actually working to build a case against you. What’s likely to happen is that you will be offered a low settlement. Or, they may give you a settlement that you feel is sufficient. However, the settlement could be very inadequate based on the particulars of your specific case.
Why You Should Engage Hogan Injury for Your Motorcycle Accident Case
At Hogan Injury, we specialize in cases involving motorcycle accidents and other injuries. These include:
- Car and truck accidents
- Slip and Falls
- Wrongful Death
- Traumatic Brain Injuries and other injury cases
The advantages associated with having us handle your case include having an experienced attorney on your side to:
- Properly evaluate your legal rights to compensation
- Protect your legal rights
- Guide you through the processes involved in bringing a case to the insurance company and/or to court
- Provide the required expertise to support you in all matters pertaining to the law and motorcycle accident liability
- Use all available resources to identify what caused the accident and to establish the party that was at fault
With us handling your motorcycle accident case, you will benefit from the many years of experience we have in dealing with similar claims. We use our experience and expertise to obtain a fair settlement for you. We deliver results to the clients we serve which is why most of our new clients come to use via direct referrals.
We offer a “No Fee Representation” service. This means you do not pay us anything if you do not win your case. Therefore, you have nothing to lose and everything to gain by working with our experienced and reputable motorcycle accident attorneys.
The Damages We Could Help You Recover
At Hogan Injury, we work hard to help our clients get the compensation they both need and deserve. Motorcycle accidents can be very traumatic. A motorcycle accident could leave you with serious physical injuries as well as emotional scars. It also could cause a major disruption of your everyday, normal life.
In cases of negligent driving which results in a motorcycle accident, you could claim a variety of damages including:
Medical Expenses: Including expenses incurred for current medical treatment, anticipated medical expenses and even the cost of medical devices
Mental, Emotional and Physical Distress: Including physical pain, disability, disfigurement, mental trauma, PTSD, loss of dignity and more.
Loss of Earnings: Includes the amount of money you would have earned from the time of the injury to the final settlement. It also includes loss of earnings in case the accident affects your ability to earn.
Miscellaneous: Includes property damage costs, loss of consortium and other out-of-pocket expenses
Reclaim Your Life with Hogan Injury
Hogan Injury believes in serving clients through exceptional case results. We understand how the motorcycle accident you were involved with has caused trauma and disruption in your life. We also know that you need help with putting the pieces of your life back together, using all available resources. After all, the high cost of medical care and treatment following a motorcycle accident could result in grave financial hardship.
Therefore, if you or someone you love has suffered injuries as a result of a motorcycle accident, do put off getting the help you need. And, by all means, do not make the decision to negotiate with the insurance company on your own. Instead, give us a call at 866-205-4971. Our team of experienced attorneys is available 24 hours a day, 7 days a week to provide you with a no-cost, confidential consultation. Alternately, you can click here to provide us with details of your case online.
When you’ve been through the trauma of a motorcycle accident, you deserve and need all the support you can get. This is especially true if you are facing doing legal battle against a large insurance company. When you have Hogan Injury on your side, you have a much better chance of receiving a positive outcome which is a fair and just settlement amount.