In all motorcycle accident cases, there are two main questions,

    
1. Who caused the motorcycle accident;
    
2. How much money should the injured rider get for their injuries and damages.

These two questions, when answered, contain all the elements of a motorcycle accident claim. This article will examine the issues facing you in litigation and claims processing of a motorcycle case.

Motorcycle Accident Liability

In a motorcycle accident, liability is usually assessed when a motorist does not see you, turns in front of you, cuts you off in the lane, or is passing another car and strikes you. Statistics show that most accidents involving motorcycle riders fall within these categories. Of course there are many other types of motorcycle accidents, but when determining liability the analysis is the same.

We have rules of the road in California contained in the California Vehicle Code. Statutes give drivers a rule to follow so that accidents are minimized. As an example, we must stop at a red light for our direction of travel, which allows other motorists to go through the intersection without an accident, California Vehicle Code Section 21453. Likewise, Section 22530, requires that drivers follow the posted speed limit and may be responsible for the motorcycle accident if they did not. The failure to follow the road rule must have caused or contributed to the accident. It is not enough that the other driver violated the rule.

Liability can also be attached by evaluating if the other driver did something that an ordinary prudent driver should not have done in similar circumstances. Even though there may be no rule of the road or statute, if this driver did not use ordinary care when operating their car, causing a motorcycle victim's injuries and damages, then liability will be assessed.

Once liability has been determined on the basis of violation of statute, failure to act properly or failure to follow the laws of the road, and the violation caused the accident, then a good lawyer's analysis looks to any contributing factors.

Comparative Fault

California is a comparative fault state, which means that each person must pay for only their own fault. If a driver caused the accident and the motorcyclist did nothing to contribute to the accident, then the driver must pay 100% of the damages of the motorcycle rider. If the motorcycle rider was partially at fault, then the driver must pay only their portion of fault to the motorcycle rider.

Each motorcycle collision is different and the client or attorney should examine the accident facts to help their case. It is important to combine a thorough investigation with all the facts and evidence. See Witness Identification and Statements in Motorcycle Accident Collisions. In this way, the entire "picture" of liability can be advocated and used to win the case. Include a synopsis of the accident in a demand package to the other party or their insurance carrier. See Can You Handle Your Motorcycle Accident Case?.

Damages For your Injuries

A motorcycle accident victim is entitled to damages for their injuries, lost wages, and pain and suffering. damages are listed below:

    
1. Property damage is the cost to restore your motorcycle to original condition or if it cannot be restored to replace it. If the bike is vintage, it may require more specialized damages efforts. Also, your leathers, equipment and other personal items that were damaged are to be replaced.
    
2. Personal injuries must be assessed, and treatment rendered. You are entitled to payment of all reasonable medical bills, and future medical treatment. Scars are a typical future treatment required for a motorcyclist, as road rash sometimes can be quite debilitating and difficult to live with.
    
3. The motorcyclist is entitled to compensation for any lost work, wages, or lost earning capacity. This is measured by the actual lost income you can prove, and any lost opportunity for income now and in the future.
    
4. Pain and suffering is a non calculated amount of damages to compensate you for your pain, your suffering, rehabilitation, inability to ride and work, you lost enjoyment of life or activities, and your future losses.

Each of the first four must be documented by proof. Property damage is usually assessed by a qualified mechanic in the particular motorcycle damaged. A Harley mechanic is more capable of understanding the cost of restoration than a mechanic of motorcycles in general. See this article How Do You Settle and Adjust Your Motorcycle Accident Property Damage?.

All medical bills should be collected after treatment. Future medical expenses for treatment needed in the future should be outlined by a doctor in a report to a reasonable degree, and the costs itemized. See our Motorcycle Injury Guide. More seriously injured motorcycle accident victims should not try to represent themselves, as these types of claims are important to your future, and need specialized handling. See Great Reasons to Hire an Attorney for Your Motorcycle Accident Case.

Wage loss should be proved by collecting statements of employers about the time missed from work after the accident. If you are self employed, the motorcycle accident victim needs to compare preaccident earnings with post accident earnings to show lost income. Tax records are privileged, so consult an attorney or speak to us for free before giving those records. Call us at 1-888-752-7474, or Contact Us Online. Future earnings loss should be asserted on the basis of a reasonably reliable prediction from a health care professional.

Pain and suffering is awarded by formula. It is calculated by determining the amount of money that a jury is willing to award for the pain, and disruption of the quality of the motorcycle victim's life, due to the accident, and caused by the other party. Many clients do not want exorbitant sums for pain and suffering, and also do not want to go to court. A qualified attorney's judgment will help a client judge how much to ask for and when to settle.

If you cannot settle a case, a jury will decide the amount of damages to award or you. You are in complete control of the settlement of your case. A good attorney will help you realize your full case value and possibly avoid court. 95% of our cases settle without going to trial, because we work hard to document all your damages and injuries.

If you are unsure you need an attorney, see Great Reasons to Hire an Attorney for Your Motorcycle Accident Case or feel free to call us for a free consultation, even if you need an attorney. See our Home for our philosophy about advice and why we want you to call, even if you do not want to hire an attorney.

Small cases may not need an attorney. You can find out if we think you really do not need an attorney by calling us at 1-888-752-7474 or Contact Us Online.