What Does a Tustin Motorcycle Accident Lawyer Do?

Southern California Motorcycle Accident Lawyer

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In the aftermath of a motorcycle crash, the last thing injured riders need to worry about is navigating the complexities of the legal system, prompting the necessity of working with a Tustin motorcycle accident lawyer. 

With their expertise and experience, a dedicated legal team will inherit the burden of dealing with insurance copmanies, allowing their clients to focus on their recovery. If you were injured in a motorcycle accident, a personal injury law firm can offer professional guidance through the case proceedings and get you the compensation you are owed.

Here is an overview of what a Tustin motorcycle accident attorney does, what working with a law firm will entail, and how a motorcycle accident law firm can help clients obtain the maximum settlements they are entitled to.


Assistance Filing a Motorcycle Accident Claim

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With the right understanding and legal help following a motorcycle crash, an injured victim is more likely to recover a maximum settlement. More specifically, an established Tustin motorcycle accident attorney with a winning record can assist in the following areas during the claims process.

Protect Your Rights: Motorcycle Accident Lawyers Level the Playing Field

In the aftermath of an accident, the path to recovery will be overwhelming for injured motorcycle riders to weather alone. In addition to the physical and emotional toll, navigating the legal proceedings of filing a motorcycle accident claim with the insurance company will be complex.

The best motorcycle accident lawyers have a deep understanding of California’s laws and how they affect the outcome of motorcycle accident cases. Therefore, they can efficiently manage a case, simplifying the process so that their clients do not have to.

Evidence Preservation: Build a Strong Foundation

Motorcycle accident lawyers understand the critical role of evidence in establishing liability and securing fair compensation. They meticulously gather and preserve evidence from the motorcycle accident scene, including witness statements, police reports, and traffic camera footage.

This proactive approach ensures that a strong foundation is established early, improving the success rate of the motorcycle accident case.

Navigating Insurance Claims: Advocate During Negotiations

Insurance companies play a significant role in the outcome of motorcycle accident cases. Unfortunately, their interests do not always align with the victims who are suffering from serious injuries.

California motorcycle accident attorneys serve as trusted advocates, preventing the insurance companies from reducing the amount of compensation owed to injured motorcyclists.

As skilled negotiators, motorcycle accident attorneys ensure clients recover maximum compensation and will protect their best interest throughout the claims process.

Medical Bills and Lost Wages: Recover Financial Losses

Motorcycle accidents often result in serious injuries, which can lead to mounting medical bills to treat those injuries. Other direct consequences include lost wages as a result of missing work while healing from severe injuries.

Not only does this create a financial burden, but other damages often result due to motorcycle accidents. However, a Tustin motorcycle accident attorney can evaluate the personal injury case and determine how much is owed to compensated for these economic damages.

Then, a motorcycle accident attorney can leverage the collected evidence to prove to the insurance company how much is due in damages and why.

Personal Injury Claims: Pursuing Just Compensation

In addition to the economic damages owed, a motorcycle accident victim is also entitled to non-economic damages, which is another form of loss or affliction that resulted from the crash.

This accounts for pain and suffering, trauma, or diminished quality of life. These damages are eligible for compensation because of the effect they may have on a victim’s livelihood. Although more difficult to prove, a California motorcycle accident attorney will be capable of proving these damages and securing the maximum compensation that their clients deserve.


Meet Statute of Limitations

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Adhering to strict deadlines is crucial when pursuing legal action for a motorcycle accident in California. For personal injury claims, the statute of limitations is typically two years; this includes a motorcycle accident lawsuit. If the at-fault party is a government entity, the time limit to file a claim is significantly reduced to a mere six months.

While pursuing an insurance claim may also be an option, formalizing the claim within the specified timeframe is paramount. This is commonly overlooked by those who have not filed a personal injury claim with an insurance company before.

In addition to this, the insurance company will apply tactics to prevent a formal claim from being filed, which can result in the motorcycle rider missing the deadline. If the statute of limitations expires, victims lose their right to recover compensation.

However, a California motorcycle accident attorney is aware of these tactics, as well as California’s statute of limitations for filing personal injury claims. Legal representation will prevent a motorcycle accident case from becoming compromised.


Attainable Compensation for Motorcycle Accidents

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In the aftermath of a California motorcycle accident, victims are entitled to compensation, encompassing both economic and non-economic losses. 

Economic damages reimburse the apparent costs incurred as a result of the accident, including medical expenses, lost wages, and property damage. 

Whereas, non-economic damages, address the intangible and often lifelong consequences of the accident, such as physical pain and suffering, emotional distress, and diminished quality of life.

Motorcyclists, just like any other road user, deserve to be compensated for the full extent of their losses. However, misconceptions and stereotypes of motorcyclists often interfere with their ability to seek justice. 

This is why legal representation is so important. With the help of an experienced legal team to advocate on behalf of victims, winning a motorcycle accident case is not only possible, but the likelihood of recovering maximum compensation greatly improves, with 9 out of 10 cases settling.


Understanding California’s Riding Laws

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If another driver’s negligence causes a motorcycle accident, California personal injury laws uphold the rights of motorcycle accident victims to seek financial compensation for their damages and injuries. Here is some insight into traffic laws and how they affect motorcycle accident victims.

Motorcycle License Laws

State laws require that all motorcyclists possess a valid driver’s license to operate two-wheeled vehicles. This typically falls under two categories: 

  • M1 for any two-wheeled motorcycle, motor-driven cycle, or motorized scooter, as well as the same vehicles that fall under Class M2
  • M2 for any motorized bicycle, moped, or motorized scooter

It is important to note that having an invalid license does not necessarily prevent an injured victim from filing a claim after a motorcycle accident.

Helmet Laws

Although not a requirement in every state, California law mandates that all motorcyclists wear a federally-approved helmet. Aside from the legal ramifications, failing to wear a helmet is extremely dangerous and can result in catastrophic injuries. 

Additionally, a motorcycle accident claim can be negatively impacted if a rider is not wearing a helmet at the time of the crash. The defense may argue that the failure to wear a helmet contributed to the serious injuries, consequently reducing the amount of owed compensation.

However, even if a helmet was not worn, an experienced motorcycle accident lawyer can thoroughly assess the case and consider other various factors that may have also influenced the severity of the accident.

Lane Splitting

Laws regarding splitting lanes vary from state to state. It is the act of maneuvering between lanes of stopped or moving vehicles that are also in the same lane. Although lane splitting can be dangerous, California Vehicle Code Section 21658.1 explicitly defines lane splitting as a legal maneuver.

Motorcyclists share equal rights to the road and are protected from the negligence of other motorists. Regardless of the dangers of lane splitting, if a reckless driver is at fault for a motorcycle accident and interferes with a motorcyclist’s safety, that driver may be found liable.

Common negligent actions include dooring (opening a car door into oncoming traffic) or switching lanes without signaling.

Riding Side by Side

Lane sharing is similar but significantly different from lane splitting. Two motorcycles riding in the same lane, side-by-side, or in a staggered formation is permittable. 

This enhances collective visibility and allows motorcyclists to travel as a unified group. However, safety remains paramount, and motorcyclists must always exercise vigilance and maintain reasonable caution while sharing a lane.


Comparative Negligence: How Tustin Motorcycle Accident Lawyers Help

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As with other motorists, motorcycle riders deserve the right to compensation when their safety is compromised due to the reckless actions of others. 

However, there are some instances where liability may appear to fall on both parties, making it difficult for motorcyclists to win their cases. Personal injury attorneys who specialize in motorcycle accident cases have managed cases where fault is not entirely one-sided. Therefore, they are knowledgeable in California’s traffic laws and how they apply to the case at hand. 

For instance, comparative negligence laws hold all responsible parties accountable for their degree of fault in causing an accident, including motorcyclists. However, compensation is still available, just at a reduced rate. So, if a plaintiff is 20% liable for an initial award of $50,000, the final amount due would be $40,000.

An established law firm that is dedicated to thoroughly investigating, meticulously building, and resolutely pursuing motorcycle accident claims on behalf of their clients will help uphold justice in a motorcycle accident case. 


Contact the Top Motorcycle Accident Lawyers

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Don’t hesitate to seek legal counsel following a motorcycle accident. The right attorney can make a profound difference in the outcome of a motorcycle accident case and a client’s path to recovery.

At Legacy Accident Lawyers, we specialize in motor vehicle accidents, including motorcycle accidents. 

A California motorcycle accident attorney from our law firm will assist with the following:

  • Investigating the accident: gathering evidence, such as police reports, witness statements, and medical records
  • Determining liability: identifying the person or entity who caused the accident
  • Valuing the claim: calculating the amount of damages that the victim has suffered
  • Negotiating with the insurance company: trying to settle with the insurance company without going to court
  • Filing a motorcycle accident lawsuit: taking the case to court if a settlement cannot be reached

If you have questions regarding your case, please schedule a free consultation with an experienced motorcycle accident lawyer from Legacy Accident Lawyers today.

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