All drivers owe other motorists a duty of care to follow applicable traffic laws and operate their vehicles safely to avoid collisions. In spite of that fact, motorcyclists often do not get the respect they deserve on California roads, sometimes leading to devastating outcomes for them and their passengers.
Pursuing civil litigation after a motorcycle wreck can be a complicated ordeal even if you have a strong case for compensation, so it could be beneficial to get help from a hardworking attorney in the area. Once retained, a Miracle Mile motorcycle accident lawyer could provide the legal guidance you may need to seek a fair final outcome from your lawsuit or settlement demand.
Since California operates on a “fault” car insurance system, individuals who get hurt in any kind of motor vehicle accident—including motorcycle operators and passengers—have a few options when it comes to recovering compensation for their ensuing losses. Depending on their specific insurance policy, they may be able to pursue no-fault compensation for certain economic losses like medical bills and bike repair costs, meaning that they could seek financial restitution regardless of who was to blame for the incident occurring.
However, if an injured motorcyclist needs to seek recovery for the non-economic effects of a serious injury, or for losses that their own insurance does not cover, they may need to file either a personal injury lawsuit against another driver involved in the crash or a third-party claim against that driver’s insurance provider. Either way, it falls on the injured biker to prove another party is liable for the accident, which often requires establishing negligence.
A Miracle Mile attorney could provide irreplaceable assistance collecting evidence and presenting a compelling argument that someone else’s reckless or careless behavior directly caused a motorcyclist’s injuries. Through a successful claim, it may be possible to recover compensation not only for economic losses, but also non-economic forms of harm like pain, suffering, and loss of consortium.
Unfortunately, one of the biggest obstacles to successful civil litigation for motorcyclists is the unfair reputation they have for being thrill seekers who regularly engage in dangerous behavior. Fair or not, many motorcycle riders who get caught up in accidents find themselves accused of being partially or primarily at fault for the wreck, even if they were following every applicable traffic law and safety regulation at the time of the incident.
Whether an injured motorcyclist is seeking recovery through an insurance claim or a verdict in civil court, allegations of comparative fault against them may lead to a significant reduction in the total compensation available to them, meaning they could have to pay for some or most of their losses out of pocket. Once again, representation from a motorcycle wreck lawyer in Miracle Mile could prove crucial to avoiding this pitfall and securing a favorable case resolution.
Between the complex nature of civil litigation and the stigma that motorcyclists face, getting fair financial compensation after a wreck can often be challenging. Even if all you want to do is file an effective insurance claim, insurers will likely fight hard to minimize their own financial liability and keep you from getting the restitution you deserve.
A qualified Miracle Mile motorcycle accident lawyer could be the ally you may need to effectively pursue recovery following this kind of incident. Call today to learn more.
Benji Personal Injury – Accident Attorneys, A.P.C.