This includes answers to questions frequently asked by victims of a traffic accident who were riding a motorcycle. There are also articles concerning motorcycle accident claims, compensation, and how to handle the incident if you are in an accident on either a motorcycle or a scooter. These can include lane change and red light accidents, or incidents in which there is disputed liability.
In addition, you will find:
Lawyers who have litigated cases involving motorcycle accidents are up against a very special kind of prejudice. Insurance companies work on statistics. That’s how they determine how much a premium will cost. It’s based on the likelihood, according to a complex statistical formula, that you will be engaged in a car accident based on all the relevant information they have at their disposal.
Sometimes this makes a lot of sense. But motorcyclists, for whatever reason, are not known for defensive driving. While not everyone who rides a motorcycle is a Son of Anarchy, statistically speaking, motorcyclists cause a number of the accidents that they are involved with.
This does, however, imply that motorcyclists are always at fault. But again, insurance companies play the percentages. They are going to immediately attempt to determine what a motorcyclist involved in an accident did to cause that accident. They’re going to assume the motorcyclist was the negligent party.
Motorcyclists often sustain serious injuries as the result of an accident. This can happen despite obeying every traffic law, wearing leather, and being properly protected with a helmet. Despite that, insurance companies often want to paint the victim as being careless and negligent.
Claim adjusters seldom give motorcyclists the benefit of the doubt. Those that are in accidents often have to deal with the added stress of recovering from the accident both physically and mentally, dealing with the insurance company, and not being certain when they’ll be able to return to work.
Courts of law aren’t perfect, but clear evidence will trump any preconception about the individual who was involved in an accident. Oftentimes, there is a lack of clarity in police reports that leads to ambiguity. Other times, police reports can be flat out wrong. Neither of these means that you’re necessarily responsible for eating the medical bills incurred from the accident. Having a better accounting of the facts than a police report can provide will allow you to recoup damages in the face of resistant insurance companies.
Insurance companies operate for profit. They are thus highly incentivized to pay out as little money as possible. If that means painting you as partly responsible for an accident you had no way of preventing, then they will do just that. They will also not be forthcoming about paying out what are called non-economic damages.
Economic damages are those associated with your out of pocket costs to cover your medical expenses and repair or replacement of your vehicle. Non-economic damages include pain and suffering, loss of the ability to enjoy your life, loss of time from work, and emotional distress. Each of these constitutes something that you lost as a result of another party’s negligence. Under California law, you are just as entitled to collect on those damages as you are to be reimbursed for the expenses related to an accident.
Sally Morin’s personal injury and traffic accident law blog is designed to inform and empower motorists of all kinds when they have been injured by another individual’s negligent or careless driving. This means ensuring that you have all the information you need to bring your case to court. Contrary to popular belief, insurance adjusters are not there to help you. Their job is to turn a profit for the insurance company by paying out as little on a settlement as they possibly can.
Since California is not a no-fault state, the insurance company is on the side of the client that they represent. While they’re not allowed to lie or fabricate evidence, and are just as beholden to the law as you or I, they will also assume that in a case of contested liability, that their client is telling the absolute truth. It also means that where there is room for interpretation in the ambiguities of a police report or eyewitness reports, the insurance adjuster will argue or assume the facts in favor of their client whom you are making a claim against. So it helps to inform yourself and have as many facts at your disposal as you possibly can.
If you or someone you care about needs information about California motorcycle or scooter accidents and how to handle all of the logistics of a legal case, this is the place to read up on what your next steps should be.
We are motorcycle accident experts and love to help. Contact a motorcycle accident attorney today and start your road to recovery.