Irvine Motorcycle Accident Attorney
Motorcycle accidents are often serious. Because motorcycles lack the structural protection and safety features of a vehicle, there are higher rates of injuries after motorcycle accidents than in accidents involving only cars. This means more damages, more paperwork, and a higher likelihood that an insurance company will be waiting to take advantage of you.
Whenever you are involved in a personal injury situation, it is important to make sure that you receive proper compensation. Whether you are a motorcycle rider or a car driver, the guilty party needs to be responsible for damages incurred in the crash. Oftentimes, unfortunately, the guilty party does not want to pay for the damage they caused, and a legal battle ensues.
Whether you feel that your motorcycle accident was cut and dry or complicated, it is important to make sure that you have legal representation that can protect you from financial and physical harm following the accident.
Easton & Easton Can Help
Here at Easton & Easton, we’ve been helping victims of motorcycle accidents for many years. We have the experience and expertise to represent you in any motorcycle accident situation. We understand the severity of these accidents and the serious consequences if justice isn’t served to the guilty party.
We’ve recovered over 10 million dollars for our clients in the last five years alone, meaning that we give you the best chance of winning your Orange County motorcycle accident case. We are the number one LA Times readers’ choice attorneys and are ready to help you achieve proper compensation with kindness, compassion, and expertise.
What Is Motorcycle Injury Law?
Motorcycle injuries are just one type of personal injury that a person can experience. They occur when a motorcycle is involved in an accident, either with other motorcycles, cars, pedestrians, bikers, or sedentary objects. While these are sometimes the fault of the driver, in other situations, they are caused by the reckless behavior of someone else on the road.
No matter what the circumstances of the motorcycle accident, the injured should not be responsible for their medical bills. Insurance policies exist to help alleviate the financial risk associated with driving. Unfortunately, most insurance companies try to avoid paying for an injury if they can; remember, their bottom line is always profits, not people.
Why Do I Need a Lawyer After a Motorcycle Accident?
Because insurance companies often try to evade financial responsibility, a motorcycle accident attorney’s job is to make sure their clients get the compensation they deserve. When you work with us at Easton & Easton, we will protect you from the insurance companies who will try to take advantage of you.
Insurance companies have many tactics to try and get innocent victims to give up their rights. These tactics can be overt or covert, but the consequences can be extremely damaging. Many companies will rush to ask for your statement over the phone and make you think that you have to tell them what happened. They pose loaded questions, intimidate, and coerce victims into saying anything that might get the insurance company out of paying. Any chance they get, they will try and force you to admit fault for the accident, even if you didn’t do anything wrong.
In extreme cases, insurance companies may have you followed by a private detective. They often do this to try and prove that you are not as injured as you claim to be. These detectives often take whatever they can get and turn ordinary activities into a reason to doubt your case.
As your motorcycle accident attorneys, we field all calls from insurance companies. We know how to talk to them and answer their questions without implicating you or giving up your compensation. We move the legal process along to help avoid nasty tactics from the insurance companies. Most importantly, we get you the compensation that you need to pay your medical bills.
Medical Bills Following a Motorcycle Accident
If you are injured in a motorcycle accident, you will need to seek medical help. In some cases, individuals walk away with only a few bruises. In most cases, however, the victim needs significant medical attention. It’s no surprise that any medical procedures or attention will come with a significant cost. Without a settlement from the responsible party or their insurance, these costs can be debilitating.
It would be wrong to be responsible for your own medical bills when the accident was not your fault. Someone else’s poor behavior has already harmed your body — it should not harm your bank account as well.
Proving Negligence in a Motorcycle Accident Case
Negligent driving is one of the primary reasons for motorcycle accidents. Car drivers do not always properly look for motorcyclists and turn or change lanes, to the detriment of the motorcycle driver. Drivers can be negligent in other ways as well, including using their phones, handling children in the backseat, or eating in the car. When drivers fail to make driving their top priority, they are engaging in negligent behavior.
Proving this can be difficult. Guilty drivers often claim that they were doing nothing wrong when they were actually fiddling with the radio or checking their social media. Luckily, there are ways for us to prove them wrong. Phone records, eyewitness statements, camera footage, and analysis of the crash can all help to prove negligent driving.
How to Establish Fault in a Motorcycle Accident
Establishing fault often goes along with proving negligence. However, when establishing fault, it is important to create an airtight case against the perpetrator so that if the case goes to litigation, the court will have no doubt that the accident is their fault.
Not only do your personal injury attorneys need to build a solid case in your favor, but in order for fault to be determined, the court must see that you were following the rules while the other driver was not. Your innocence can be proven in many of the same ways that negligence is proven.
Potential Injuries and Other Damages in a Motorcycle Accident Case
The fallout from motorcycle accidents varies from situation to situation. In some cases, injuries are minimal, while damage to the vehicle is severe. In other cases, the opposite is true. Your ultimate settlement will depend upon the amount of damage inflicted on your body and your car or motorcycle.
Some common injuries after motorcycle accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Road rash
- Lower body damage or paralysis
- Internal injuries
- Fractures and broken bones
- Cuts and bruises
The settlement for each depends on the severity of the injuries and the surrounding circumstances. Your motorcycle or car’s damages will also help to determine your settlement.
In some cases, you may also be able to take mental health damages into account. Some motorcyclists suffer PTSD, depression, anxiety, and other mental illness symptoms after an accident. Your pain and suffering will be taken into account when your settlement is determined.
What to Expect From Your Motorcycle Accident Attorney
It is important to hire an attorney following a motorcycle accident. We can help you determine your settlement worth, as well as defend you against insurance companies that are trying to take advantage of your position. We can help to make your case properly and give you a better chance of a higher settlement in court.
However, this does not give you a comprehensive view of what you can expect from your motorcycle accident attorney. We can also:
- Help you to navigate medical bills while you wait for your settlement
- Field insurance company calls and communications
- Listen to your story in great detail
- Collect statements, eyewitness accounts, security camera footage, and other documents necessary to prove your side of the story
- Walk you through the process with patience, compassion, and understanding
- Represent you in court and tell your story to the judge and jury (if applicable)
With an attorney on your side, you give yourself the best chances of winning an appropriate settlement and avoiding having to pay for your medical bills and damages.
Settlement vs. Litigation in Motorcycle Accident Cases
Not all motorcycle accident cases will go to court. In fact, many of them can be settled outside of court using negotiation. This is often the case when one side acknowledges that the other has enough evidence to win. For example, if security camera footage clearly shows the driver run a stop sign and hit a motorcyclist, the driver’s insurance company or attorney will have very little argument in their client’s favor.
When a settlement occurs, your attorney will negotiate a fair amount of compensation. In some cases, you may get what you were asking for. This usually occurs in cases such as the one mentioned above, where the offending party is clearly at fault. Their attorneys will acknowledge that if they go to litigation, they will surely lose. In order to avoid the litigation process and surrounding expenses, they opt to pay you what you are asking for.
In other cases, your attorney may opt for a smaller payout during a settlement. If this occurs, it is often because the case is not a clear-cut win in court. Your attorney knows that settling for slightly less is worth the money you save on the litigation process, especially if there is no guarantee that the court would side with you.
Contact Easton & Easton
After your motorcycle accident, it is important to take action as quickly as possible. For the best personal injury representation in southern California, contact Easton & Easton today.