Table of Contents
- Motorcycle Injury Attorneys
- Why You Need a Motorcycle Accident Attorney to Handle a Motorcycle Injury Claim
- Who Can Be Held Responsible in a Motorcycle Accident Injury Claim?
- What to Do After a Hit-and-Run Motorcycle Accident
- Our Motorcycle Accident Lawyers Demand Full Compensation for You
- Common Causes of California Motorcycle Accidents
- Common Causes of California Motorcycle Accidents
Sacramento Motorcycle Accident Lawyer
Few vehicles on the road can match the thrill of riding a motorcycle. You’re totally exposed to the environment, and you can see everything around you. Unfortunately, other motorists often fail to see you.
When a reckless driver in a car or truck slams into a motorcyclist, the results are typically catastrophic and all too often deadly. Unlike accidents involving two passenger vehicles, crashes involving motorcyclists create a one-two punch for victims on two wheels ─ first with the impact of the vehicle, and then with a secondary impact on the roadway or other structures. A biker many never completely heal from serious injuries suffered in a motorcycle accident.
To add insult to serious injury, it’s not unusual for insurance companies to try to pin the blame on the injured motorcyclist rather than properly pay the victim. The experienced Sacramento motorcycle accident lawyers at Demas Law Group understand the obstacles motorcyclists sometimes face. We take an aggressive stance against negligent drivers and insurance companies that try to avoid their responsibilities and leave innocent motorcyclists to pay for their mistakes.
For more than two decades, motorcyclists and their families have chosen our Sacramento personal injury law firm because:
- Our team has a 99 percent success rate for recovering compensation for accident victims.
- We treat motorcycle accident clients like VIPs who deserve our compassion, personalized attention, and respect.
- Our firm stands solidly by our “no win, no fee” guarantee. We do not charge clients a cent for our services unless we recover compensation for them.
Don’t let an insurance company take advantage of you after a motorcycle accident. Seek legal advice, schedule a free consultation with our Sacramento motorcycle accident attorneys today. We will review the details of your personal injury case and discuss your options for pursuing the compensation you need to move forward with your life.
If you’ve been injured in a motorcycle accident, we highly recommended that you contact an experienced motorcycle accident attorney at Demas Law Group, P.C. Motorcycle accidents generally result in far more serious injuries than other vehicle accidents, and it’s highly unlikely that an insurance company will provide enough compensation to treat those injuries, unless you are represented by an experienced personal injury attorney. Moreover, motorcyclists are often found fully or partially at fault for accidents they did not cause.
Our experienced motorcycle accident attorneys know the rules of the road and how they apply to motorcycles as well as automobiles and trucks. Our professional accident investigators can revisit the site of your accident to determine who is actually at fault. Since there’s no charge or obligation to consult with a Sacramento motorcycle accident attorney at Demas Law Group, P.C., you’ve got nothing to lose, and everything to gain.
The first thing you should do is seek proper medical treatment immediately. Because motorcycle accidents often result in serious, life-threatening injuries, many victims are taken straight to the hospital via ambulance. However, if you’ve been injured but were not taken to the emergency room, you need to see a doctor right away, in order to establish the extent of the injuries in case you do decide to file legal action. It also important to document as much as you can about the accident in its immediate aftermath.
That includes getting the names and license numbers of any other drivers involved in the accident, photographing the accident scene and your injuries, and writing down all the details you can remember before your memory fades. This is extremely helpful if you later decide to file a claim. If you are too injured to handle this on your own, ask a family member or friend for help. Contact one of the motorcycle accident attorneys at Demas Law Group, P.C., who can advise you what to do next.
Any driver who was involved in the accident and found to be fully or partially at fault can be held legally liable for your injuries. If a pedestrian caused the accident, they too can be held liable. If the accident was caused by a poorly maintained or designed roadway, then the government agency responsible for that maintenance or design can be held liable. In the latter case, it is doubly important to contact an experienced motorcycle accident lawyer as soon as possible, since different statutes of limitations may apply in the case of government agencies.
I was forced off the road by another driver who then fled the scene of the accident. Do I still have a claim?
Yes. In you are a victim of a hit-and-run accident (even if you didn’t collide with the other vehicle) that driver is liable for your damages. If the driver cannot be located, you can file a claim with your insurance company. Keep in mind; you may still be in need of an experienced motorcycle accident attorney, since the insurance company may not be willing to pay you full compensation for your injuries.
When someone is involved in a motorcycle accident, the first concern is always physical injury. This is the right order of priorities: after all, physical health is far more important than possessions. However, once the physical injuries have been treated, many motorcycle riders find themselves with a damaged bike and questions about how to get it back into shape.
California law provides that every motorist must have liability insurance to cover damage the driver may cause in an accident. This damage includes both physical injury and property damage. California requires everyone behind the wheel to have at least $15,000 in liability coverage for physical injury to a single person and $30,000 per accident as well as $5,000 in property damage liability.
Theoretically, the person who causes a motorcycle accident should be able to cover a minimum of $5,000 worth of damage to the motorcycle with liability insurance.
Unfortunately, reality in this case is far different from the ideal. The law requires everyone to carry minimum coverage, and most people should carry more. However, many people find that they are hit by someone who has no insurance or whose insurance is insufficient to pay total costs and damages. California has one of the highest uninsured populations in the country and a large transient population. This means that in California your chances of being hit by someone who cannot pay for the insurance to cover your damages is relatively high. It also means that your chances of being hit by a hit-and-run driver are higher than the national average, as someone who is driving without a license or insurance is more likely to flee the scene of an accident.
I was injured in a motorcycle accident that wasn’t my fault, but I wasn’t wearing a helmet. Do I still have a case?
That depends on the injuries you received. California has a mandatory helmet law, and it is illegal to ride a motorcycle without one. If you weren’t wearing a helmet and suffered serious head injuries, that will be held against you by the defendant and you may not receive any compensation for your injuries. However, if your injuries are such in which case a helmet would not have made a difference, you may still have a strong case. You should always wear a helmet when you ride a motorcycle. It’s the smart thing to do.
Yes. In addition to any other driver, pedestrian or government agency that may have caused the accident, you may have a claim against the motorcycle’s operator if he or she is found to be fully or partially at fault.
If you have a family member or loved one who was killed in a motorcycle accident through partial or no fault of their own, you may be able to file a wrongful death lawsuit in Sacramento. Compensation in wrongful death lawsuits is similar to other personal injury lawsuits, but also includes the following economic and non-economic damages:
- Financial support that the deceased would have contributed during either the life expectancy of the victim or the claimant, whichever is shorter.
- The loss of gifts or benefits that the claimant would have expected to receive from the victim.
- Funeral and burial expenses.
- Any household service the deceased may have provided to the claimant.
- The loss of the deceased’s love, companionship, comfort, care, assistance, protection, affection and society.
- The loss of the enjoyment of sexual relations, if applicable.
- The loss of the training and guidance of the victim, if applicable.
Wrongful death lawsuits are extremely complicated, so you should seek out a full-service law firm like Demas Law Group, P.C., which has extensive experience winning such cases for clients.
Your Settlement Hinges on Cost Analysis
In a motorcycle accident case, it is proper to settle when the cost of proceeding to trial is not likely to outweigh future recovery of damages. This means that if the cost of moving forward is likely to be high, it may be better to settle.
However, this cost analysis is difficult to perform. Motorcycle accident victims may be entitled to a number of types of damages and if an insurance company or defendant refuses to pay them, it may be wise to proceed to trial. On the other hand this move is always a gamble because a jury or judge is not guaranteed to award these damages.
Trials are costly events, so it is important to weigh the probability that a judge or jury will award damages against the overall cost of a trial. If the balance of probability rests with the plaintiff, he or she may wish to go to trial. On the other hand, if it is likely the plaintiff will receive no more money by going to trial, it is wise to settle.
Here are a few circumstances that could affect a plaintiff’s decision to settle a motorcycle accident case:
- The plaintiff has been denied basic compensation such as medical care. If the motorcycle accident victim has incurred significant medical costs and the at-fault driver refuses to pay, it is important to pursue compensation.
- The plaintiff has been denied lost wages or other calculable economic damages. Motorcycle accident victims are entitled to these payments and should not settle a case without them.
- The plaintiff has suffered permanent disability as a result of the accident. Motorcycle crashes can result in serious physical and mental injury, and a plaintiff who has been permanently disabled may be entitled to compensation for his or her injuries, loss of future income, and changes in lifestyle.
Most importantly, a motorcycle accident victim should never settle a case without the advice of an experienced personal injury attorney. A motorcycle accident attorney can help the victim determine when a case should be settled or if the case should proceed to trial.
We strongly encourage you to speak with one of our attorneys for a free consultation or further explore our site for answers to this and other questions.