How Does a Motorcycle Accident Case Work from Start to Finish?

How Does a Motorcycle Accident Case Work from Start to Finish?
August 21, 2024
How does a motorcycle accident case work from start to finish

Handling a motorcycle accident case is challenging, but understanding the process can help you know what to expect. Motorcycle accidents are unfortunate and often lead to serious injuries.

If you have suffered injuries for little or no compensation and are unhappy with a settlement agreement, file a motorcycle accident claim with an experienced lawyer. Most motorcycle accident claims take time and need the help of an experienced legal team.

MLG Personal Injury & Accidents Lawyers is committed to guiding you through each step of your case with expertise and care. From gathering evidence to negotiating settlements or going to trial, our legal team ensures you receive the compensation you deserve. We will walk you through the initial incident to the final resolution.

Steps to Follow After a Motorcycle Incident

The scene after a motorcycle crash can be paralyzing, but taking the right steps is crucial. First, ensure you and others involved are safe and out of harm's way.

It's important to keep calm and collect as much information as possible about the accident. Get the details of the vehicles involved, the weather conditions, and contact information for witnesses. Evidence of this kind will be valuable for your insurance claim and any legal action.

Once you have gathered the necessary details, report the accident to your insurance company. Please provide them with all the information you have collected, and be honest about the incident.

Be careful about what you say to the other party's insurance company, as anything you say can be used against you. It's always a good idea to consult a lawyer before giving official statements.

Safety

After the accident, your safety and the safety of others should be your top priority. Move yourself to a safe location, away from traffic, but leave your motorcycle where it is if it doesn't pose any more danger.

Keeping your protective gear on can prevent further injury while you assess the situation. Even if injuries seem minor, calling 911 to report the accident and request medical help is essential.

Medical Attention

Even if you feel fine, seeking medical help immediately after a motorcycle accident is key. Some injuries, like concussions or internal injuries, do not show symptoms right away.

A medical professional can make an expert opinion and recommend appropriate treatment. Medical records of your medical evaluation can benefit your insurance claim and any legal proceedings.

Police

When the police arrive at the scene, cooperate fully with them to help create an accurate accident report. Provide the officers with all necessary details, including your account of what happened. The police report is an important document that can serve as evidence in your case.

It's important to ensure it reflects the events of the accident. Get a copy of the report for your records and to assist your attorney.

Consult an Attorney

Once you have received medical treatment, consulting an attorney is a crucial next step. An experienced motorcycle accident lawyer will assess the circumstances of the accident. They may work with investigators or accident reconstruction experts.

A thorough investigation helps build a strong case. By gathering evidence, interviewing witnesses, and assessing the accident's impact on your life, you will have a higher chance of winning your claim. Your lawyer will be your advocate, ensuring your rights are protected and striving for the compensation you deserve.

Negotiations

Your lawyer will start negotiating with the driver's insurance company to reach a proper settlement for your injuries and damages. Motorcycle accident settlements can range from $10,000 to $100,000, depending on the case's specifics. Your lawyer will aim for the best possible outcome, considering medical expenses, lost wages, and other factors.

During the negotiation process, your lawyer will keep you informed and will always make decisions together. They will tell you whether to accept a settlement offer or proceed to trial.

Lawsuit

If negotiations with the insurance company do not end in a satisfactory settlement, your attorney may file a civil complaint in court to start a lawsuit. The claim begins by formally stating your claims and outlining the damages you seek.

Filing a lawsuit can pressure the insurance company to settle or prepare your case for trial. Your lawyer will take care of all the legalities of the lawsuit, allowing you to focus on recovery.

Types of Claims in a Motorcycle Accident

Types of claims in a motorcycle accident

After a motorcycle accident, you may be able to make several types of claims to recover your losses. These claims can cover many damages and depend on the details of your accident and the extent of your injuries. You can claim the following types of motorcycle incident damages:

Motorcycle Accident Bodily Injury Claims

Bodily injury claims are designed to compensate for the physical and emotional pain you went through after the motorcycle accident. It includes medical bills, rehabilitation costs, and compensation for long-term disabilities or disfigurements.

Bodily injury claims can cover lost wages if injuries prevent you from working. An attorney can help you accurately calculate these damages and pursue full compensation.

Motorcycle Crash Property Damage Claims

Property damage claims focus on the financial losses related to the damage or destruction of your motorcycle and other personal property.

These damages include repair or replacement costs for your bike and any damaged gear, such as helmets and protective clothing. These claims can also cover towing and storage fees for your motorcycle.

Proper documentation and assessment are key to maximizing your property damage claim.

The Stages of a Motorcycle Accident Lawsuit

A motorcycle accident lawsuit progresses through several stages. Each is key for building and presenting your case.

  • Getting the lawsuit started: The lawsuit begins with filing a complaint in court. Next, outline your claims against the defendant. This document includes details of the accident, the damages you seek, and the legal basis for your claims. Once the claim has been filed, the defendant is served with the complaint, officially starting the legal process.
  • The discovery process: During discovery, both parties gather evidence to support their claims and defenses. This stage involves exchanging documents, answering written questions and conducting depositions. The discovery process is necessary for uncovering the facts of the case and preparing for trial.
  • Law and motion filings: Both parties may file pre-trial motions to resolve legal issues or narrow the scope of the trial. These motions can include requests to dismiss the case, exclude certain evidence, or obtain summary judgment on specific issues. The court's rulings on these motions can significantly impact the direction and outcome of the lawsuit.
  • Trial setting: After the discovery process and motions, the court sets a date for the trial. This stage involves scheduling the trial on the court's calendar, considering the availability of the parties, attorneys, and witnesses. Setting a trial date helps ensure that the case proceeds efficiently and provides a timeline for final preparations.
  • The pre-trial settlement conference: Before the trial, both parties attend a settlement conference to discuss the possibility of resolving the case without going to court. During this conference, a judge or mediator facilitates negotiations and encourages settlement. Many cases settle at this stage, avoiding the time and expense of a trial.
  • Trial: If the case does not settle, it goes to trial, where both sides will present their evidence and arguments. Next, a judge or jury will listen to the case, evaluate the evidence, and make a decision. The trial outcome determines whether you receive compensation and, if so, how much.

The Motorcycle Crash Trial

The motorcycle crash trial

The trial process in a motorcycle crash case is formal, with each side presenting evidence and arguments. The plaintiff and the defendant can present witnesses, submit documents, and make legal arguments.

The judge or jury evaluates the evidence to determine liability and the amount of damages, if any. A trial can be lengthy and complex, but it is the final step in seeking justice and compensation for your injuries and losses.

Frequently Asked Questions

Understanding motorcycle accident lawsuits can be challenging, so here are answers to some common questions. These frequently asked questions aim to clarify some of the legalities of the legal process and provide guidance for those involved in a motorcycle accident case:

According to the California Courts, Judicial Branch of California, the statute of limitations, or time limit to file a motorcycle accident claim, is two years.

Insurance companies might delay a lawsuit to pressure you into accepting a lower settlement. They hope financial strain or frustration with the process will make you settle for less than you deserve.

A motorcycle accident lawsuit in California can take several months to years, depending on the case's complexity and the court's schedule. Factors such as the extent of injuries, the number of people involved, and the willingness to settle can all impact the timeline.

Financial recovery in a motorcycle accident case can come from several sources, including the at-fault driver's insurance, your insurance coverage, and sometimes third-party claims. An experienced attorney can help identify and pursue all potential sources of compensation.

Contact MLG Personal Injury for a Motorcycle Accident Attorney

Contact MLG Personal Injury for a motorcycle accident attorney

MLG Personal Injury & Accidents Lawyers understands the challenges and stress of a motorcycle accident claim. Our dedicated team is here to assist you through the process and fight for your rights every step of the way.

We commit to securing the compensation you deserve for your injuries, damages, and losses. Contact us to hire an experienced motorcycle accident attorney, and let us help you get back on the road to recovery.

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