Tustin Motorcycle Accident Attorney
Popular throughout the Tustin area, motorcycles may be fun to ride, but every motorcyclist must acknowledge the risks they face every time they take their bikes on the road. Motorcycles are inherently dangerous for many reasons, primarily due to the fact that they offer virtually no physical protection in a crash. Therefore, if you are suffering from injuries you sustained in a motorcycle accident that someone else caused, it’s natural to have many questions regarding your recovery and liability for the damages.
Experienced Legal Representation for Motorcycle Accident Claims in Tustin, CA
The right attorney is an invaluable asset in this situation. The attorneys at Easton & Easton have years of professional personal injury experience in Tustin and have helped many clients navigate some of the toughest civil claims for damages. If you know another party is liable for the damages you suffered in a motorcycle accident, we can guide you through the auto insurance claim process and help you build a personal injury claim to maximize your recovery.
How to Prove Fault for a Motorcycle Accident in Tustin
The first step in recovering from any motor vehicle accident is proving fault for the incident. The state uses the fault system for resolving motor vehicle accident claims, and it’s possible for more than one party to bear liability for your recent motorcycle accident. A few common reasons for motorcycle accidents that can generate civil claims for damages include:
- Driving while distracted, which is the most commonly reported cause of vehicle crashes throughout the country.
- Driving under the influence (DUI) of drugs or alcohol, which typically leads to severe criminal penalties for convicted drivers. The penalties for DUI increase when a defendant injures or kills someone while driving under the influence.
- Speeding, which is a major contributing factor to the number of fatal vehicle accidents throughout the United States each year. Speeding is especially dangerous for motorcyclists.
- Moving violations or any maneuvers that disrupt the flow of traffic and startle other drivers. Intentional moving violations often lead to reckless driving charges.
- Vehicle malfunctions, which may result from manufacturing defects or improperly performed maintenance.
Whether your recent motorcycle accident happened because of negligence or intentional misconduct, your Tustin motorcycle accident attorney will assist you in gathering the proof you need to establish liability firmly. Depending on the nature and location of the accident, this may entail eyewitness testimony from anyone who saw the accident happen in real-time, traffic camera footage that shows the accident unfold, or various forms of digital evidence such as cell phone records and vehicle computer data.
When you choose the attorneys at Easton & Easton to represent your motorcycle accident claim, we will review the claim details carefully and help you make more informed choices about your recovery efforts. The first stage of the recovery process is likely to be an auto insurance claim against the at-fault driver, followed by a personal injury suit.
What to Expect in an Auto Insurance Claim
California law says that all drivers must have auto insurance, and it must include liability coverage for bodily injury and property damage liability coverage. When a covered driver causes an accident, the victim has the right to file a claim against their insurance policy seeking compensation for their damages. Unfortunately, dealing with insurance companies can be very stressful as most insurance companies look for any way they can find to reduce a settlement offer or deny a claim.
When you have experienced legal representation advising you, you are far less likely to encounter any unethical pushback from the insurance company, and they will be more inclined to process your claim efficiently and in good faith. However, motorcycle accidents tend to cause catastrophic injuries and expensive financial losses. In the event you are unable to secure full compensation through auto insurance, your Tustin motorcycle accident attorney will help build a personal injury suit against the at-fault driver.
Compensation for Your Personal Injury in Tustin
If another party is responsible for causing your recent motorcycle accident and they do not have enough insurance coverage to fully compensate you for your losses, a Tustin motorcycle accident attorney will help file a claim for your personal injury against them to recover the rest of your losses. Once you have identified the party responsible for your accident and proven they are directly to blame for causing it, your attorney will help hold them accountable for the following:
- Any and all medical expenses incurred, both immediate and future. Motorcycle accidents can cause a host of traumatic injuries, including broken bones, spinal fractures, brain damage, and more. Therefore, the defendant who injured you is liable for the cost of any medical care you require to reach maximum medical improvement.
- Lost income. The victim of a motorcycle accident might not be able to work for an extended time, and the defendant is liable for any income the victim is unable to earn during recovery. Similarly, the defendant could be liable for the plaintiff’s lost potential earning capacity if they inflicted a permanent disability on the plaintiff.
- Property losses, such as the cost of repairing or replacing the plaintiff’s vehicle. Auto insurance may cover some or all the plaintiff’s property losses, but any remainder can be cited as economic damages in their personal injury claim.
California law also allows the plaintiff in a motorcycle accident claim to seek compensation for the physical pain and emotional trauma they experienced. There is no limit on this form of compensation in a motorcycle accident claim, so your Tustin motorcycle accident attorney should aim to maximize this aspect of your recovery. If you suffered any type of permanent damage due to the defendant’s negligence or misconduct in Tustin, CA, you could potentially secure several times the amount of your total economic damages in pain and suffering compensation.
Tustin Motorcycle Accident Attorneys FAQs
Q: How Long Will It Take to Settle My Motorcycle Accident Claim?
A: The time required to complete any personal injury case depends heavily on whether the defendant accepts liability for the incident. If so, and if you have an experienced Tustin motorcycle accident attorney representing you, it may only take a few weeks to resolve your case. However, if any disputes regarding liability arise, you could face several months of litigation. Your Tustin motorcycle accident attorney can provide an estimate of how long it will take you to secure the compensation you need to recover from your accident.
Q: What if the Victim Dies in a Motorcycle Crash?
A: Unfortunately, the risk of death in an accident is significantly higher on a motorcycle than inside an enclosed passenger vehicle. If you have lost a family member in a fatal motorcycle crash caused by another party, you would have the right to file a wrongful death claim against the responsible driver. It’s vital to have experienced legal counsel for this type of claim. While a wrongful death suit is very similar to a personal injury case in many ways, there are several important differences that demand the attention of an experienced attorney.
Q: How Much Is My Motorcycle Accident Case Worth?
A: State law allows the victim of a personal injury to hold the defendant accountable for their immediate and long-term economic damages and pain and suffering. Regardless of whether you are able to file an auto insurance claim against the at-fault driver, your Tustin motorcycle accident attorney should be able to help you secure compensation for medical expenses, long-term medical treatment costs, lost wages, lost earning power, property losses, and pain and suffering.
Q: What if the Plaintiff Is Partially Liable for Their Accident?
A: California enforces a pure comparative negligence law that applies to any civil claim in which the plaintiff is partially at fault for causing their claimed damages. The judge overseeing the case will assign the plaintiff a portion of fault based on their level of liability, and this portion is then subtracted from their case award. For example, bearing 25% fault would mean losing 25% of their case award. Your Tustin motorcycle accident attorney is the best resource for reducing any partial liability you hold for your recent accident.
Q: How Much Does a Tustin Motorcycle Accident Attorney Cost to Hire?
A: The attorneys at Easton & Easton accept personal injury clients with the contingency fee billing system. You will pay no upfront or ongoing legal fees, and you will not pay any fees at all if we are unable to secure compensation on your behalf for any reason. If we win your case, your contingency fee is a portion of your total case award. This ensures you receive appropriate compensation and have the legal counsel you need to navigate your case effectively.
The attorneys at Easton & Easton have many years of experience in California personal injury law, and we have successfully guided many past clients through complex motorcycle accident claims. Our team can assist you in identifying the party or parties bearing fault for the damages and help you maximize the results of all recovery efforts. If you are ready to learn how a Tustin motorcycle accident attorney can empower your recovery, contact us today and schedule a consultation with our firm.