Understanding Your Rights After a Motorcycle Accident
Getting involved in a motorcycle accident can be devastating physically, emotionally and financially. To effectively protect your well-being and financial future, it is important to understand your legal rights in California as a motorcycle crash victim. For personalized legal advice about a particular case, contact an experienced motorcycle accident lawyer in Los Angeles.
The Right to Pursue Financial Compensation
You have the right to file one or more types of claims, including an insurance claim and a civil lawsuit, in pursuit of financial compensation for your injuries and losses if someone else negligently or recklessly caused your motorcycle accident. Negligence in personal injury law means the failure to act with proper or reasonable care.
If another driver was texting while driving or driving under the influence and crashed into your motorcycle, for example, this would give you the right to bring a claim against that driver’s automobile insurance company in pursuit of coverage for your medical costs, property repairs and other losses.
The Right to Hold an At-Fault Party Accountable
Since California is a fault-based state, you have the right to hold the at-fault party accountable for your motorcycle accident. Even in no-fault states, motorcyclists are often exceptions to the personal injury protection (PIP) insurance rule and allowed to sue the at-fault driver for financial damages.
To secure financial compensation from someone else, you or your personal injury lawyer must prove fault. You must show evidence or proof that the driver caused your motorcycle crash through negligence. You may also have the right to file a claim against someone other than a motor vehicle driver, such as a motorcycle manufacturer or the government, depending on the circumstances.
The Right to Negotiate With an Insurance Provider
You do not have to accept the very first settlement you are offered by an insurance company. In fact, it is unwise to rush into a settlement agreement until you’ve brought your motorcycle accident case to an attorney for a review. Insurance companies often undervalue motorcycle accident claims, especially when catastrophic injuries are involved.
The initial settlement offer may be lower than what you actually deserve for your past and future losses. This is a tactic used in an attempt by insurance companies to save money on payouts. You have the right to reject an offer, submit a counteroffer and continue negotiating with an insurance claims adjuster until the settlement amount is fair based on your unique situation.
The Right to Bring Your Motorcycle Accident Case to Court
Most motorcycle accident cases in Los Angeles achieve settlements outside of court. If the situation warrants it, however, a lawsuit can be filed with the civil courts. A court trial may be necessary if an insurance company is refusing to offer you a reasonable settlement, for instance, or is rejecting your valid claim. Liability challenges may also result in a motorcycle case going to court.
The Right to Hire an Attorney
You do not have to represent yourself or handle insurance settlement negotiations alone as the victim of a motorcycle accident in California. You have the right to hire a personal injury lawyer in Los Angeles to act as your legal representative and advocate during negotiations or litigation.
A motorcycle accident lawyer in Los Angeles will have the skills and experience to achieve the best possible results for your case, ensuring you are offered an adequate amount based on the severity of your injuries and the extent of the damage suffered.
A lawyer can make it easier to recover from a motorcycle accident by guiding you through all of the steps toward justice and explaining your legal rights in detail along the way. If you wish to schedule a free consultation with an attorney about a motorcycle accident in Los Angeles, contact Rose, Klein & Marias LLP today.