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California Motorcycle Accident Lawyer
How Negligence Can Cause Motorcycle Accidents
Driver Inattention
Driving should be an active process where the motorist is conscious of their surroundings at all times. However, this is not always the case since some drivers end up getting distracted by other factors like their phones, GPS devices, and road hazards. Sometimes, there are blind spots in a vehicle where a driver fails to see other drivers on the road. Speeding Speeding is one of the main reasons for these accidents, accounting for 34% of motorcycle fatalities in the U.S. in 2021. Speeding increases the risk of these collisions because motorists have decreased control of their vehicles and they have increased stopping distance needed to halt their motorcycles. The sheer velocity increases the crash forces which may result in more severe injuries if an accident does end up happening.DUI
Alcohol and drug use can affect the driver’s judgment and lower their reaction time which can result in them being unable to control their vehicles in order to prevent an accident. While there are legislations prohibiting DUI, these inebriated individuals often have poor judgment and still end up driving; it is only when they get in an accident that they regret their decision. A drunk driver can be held responsible for the accident if their negligence is a factor that led to the incident.Failure To Yield
Motorists have the same rights as other drivers while on the road, but other drivers often fail to recognize this and refuse to yield when necessary, even if motorcycles have the right-of-way. The problem is that motorists are more vulnerable while on the road, so they end up getting the brunt of the damage caused by the accident.Common Motorcycle Accident Injuries
Motorcycle accidents can cause a variety of injuries, ranging from mild to severe and life-altering conditions. Traumatic Brain Injuries Traumatic brain injuries, also referred to as TBIs, are caused by sudden impact to the victim’s head. Its severity can range from mild (like dizziness, concussion, emotional disturbance) to severe (like amnesia, comatose, brain hemorrhage, and even stroke). It can cause long-term consequences depending on the extent of the injury and the circumstances surrounding the accident.Spinal Cord Injuries
Spinal cord injuries, also known as SCIs, refer to damage to the spinal cord, typically caused by trauma – which includes severe trauma from motorcycle accidents. The high impact and force during a collision can damage your vertebrae, discs, and spinal cord. SCIs can cause reduced bodily functions like decreased mobility, sensation, and even paralysis.Fractures
Fractures, commonly known as broken bones, may result from the strong impact caused by a motorcycle accident. Fractures of the clavicle, femur, and ribs are among the most common examples of cases that a person can sustain as a result of a motorcycle accident.Burns
In the event of a motorcycle accident, motorists can sustain severe burns due to exposure to heat and flames. Fuel is a fire hazard, and may end up catching fire after the immediate crash. Burn severity is classified as first-degree, second-degree, or third-degree burn, with the last one being the worst of the three. Burns may necessitate extensive medical treatment and prolonged hospital stays.What To Do After A Motorcycle Accident In California
After a motorcycle accident, you should have the presence of mind to avoid further injuries. Pay attention to your nearby surroundings and relocate to a safer location. Avoid making statements of fault; let the insurance companies and legal process determine liability. We recommend that you do the following in the aftermath of a motorcycle accident:Assess Yourself For Injuries
Check yourself to see if you have sustained any injuries following the motorcycle accident. Prioritize your safety before proceeding to help others. Assess yourself for injuries first, then proceed to check on other people who were involved in the accident.Call Emergency Services And Local Police Department
After collecting yourself, contact 911 or ask a bystander to make the call. Once the police arrive, try your best to give them a clear account of the accident. This documentation can be important as it may be used to help your lawyer in pursuing a personal injury claim.Move To A Safer Location
You should go to a safer location away from the area of the accident in order to avoid a secondary accident. Moreover, there can be hazards in the area, like broken motorcycle parts, leaking fuel tanks, and hot exhaust pipes that may cause further injuries. Gather Evidence While waiting for the dispatch team to send help, you should collect evidence at the scene. Take photos of the vehicles involved, the extent of the damage, skid marks, and other important details. You should also take a photo of your injuries if possible just in case your lawyer would need it later on.Seek Medical Evaluation
Following an accident, it might be a good idea to get yourself checked regardless of the extent of your injury. Some injuries are not as obvious as others and may manifest days after the accident. For example, injuries like whiplash, concussions, internal bleeding, soft tissue injuries, and back or neck pain may not manifest symptoms immediately but can develop hours, days, or even weeks after the accident. A physician’s evaluation of the extent of your injuries can be used by your motorcycle accident lawyer to help prove they are related to the accident.Consult With A California Motorcycle Accident Lawyer
After the accident, we recommend that you seek the legal counsel of a California motorcycle accident lawyer to help you with your next steps. The state and federal laws involved in motorcycle accidents are vastly different compared to the rules governing car and truck accidents. Our team of motorcycle accident lawyers can help you deal with the insurance companies in pursuing your claim for personal injuries.What Is The Statute Of Limitations For Motorcycle Accident Claims In California?
Motorcycle accident claims in California must be filed within two years from the date of the accident. The statute of limitations is imposed to make sure that the integrity of evidence and accuracy of witness accounts are preserved.PERSONAL INJURY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
How Much Will Hiring A California Motorcycle Accident Lawyer Cost?
The cost of hiring a California motorcycle accident lawyer can vary. Oftentimes, they will work on a contingency basis where they do not charge upfront and hourly fees. Rather, they will get a percentage from the settlement. If your suit is unsuccessful, the lawyer will not receive anything. However, please bear in mind that you may have to cover out-of-pocket expenses such as court filing fees, costs for obtaining medical records, expert witness fees, and deposition costs.
Does Insurance Cover Motorcycle Accidents?
Yes, motorcycle accidents can be covered by insurance. However, this largely depends on your insurance policy. The circumstances surrounding the case can also influence whether or not insurance will cover the accident. An example is California Automobile Assigned Risk Plan (CAARP) which caters to high-risk drivers who have difficulty obtaining insurance through the private market.
Can I Get Compensation If I Was A Victim Of A Motorcycle Accident In California?
Once you have proven that the at-fault party is liable for a motorcycle accident, you can get compensated for the injuries you have sustained from a motorcycle accident. You can be compensated to recover medical expenses, lost income, and pain and suffering. The court may also require the at-fault party to pay for punitive damages which are awarded to deter the wrongful act from recurring.
Can I Get A Free Consultation With A California Motorcycle Accident Attorney?
Our Gosuits motorcycle accident attorneys are dedicated to helping you receive justice for the injuries you’ve sustained due to a motorcycle accident. We are committed to serving the people of California with integrity and compassion, which is why our motorcycle accident lawyers offer free consultations for your case. We will help evaluate your case to see what your next steps should be following a motorcycle accident to help you receive maximum compensation for the injuries and damages you have sustained.
Meet the GoSuits Team
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SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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