Motorcycle Accident

Motorcycle Accident Attorney in Folsom

Motorcycle Accident

Motorcycle Accident Lawyer in Folsom

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 Folsom 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 Folsom 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 Folsom 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.

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.

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.

What Your Folsom Motorcycle Accident Lawyer Can Do For Your Motorcycle Injury Claim

It is the legal duty of every motorist to be aware of their surroundings and to keep a vigilant eye out for motorcycles. When a negligent, careless, or reckless driver fails in that duty, he or she should be held accountable.

Unfortunately, insurance companies do not make filing a personal injury claim an easy process. In fact, they will fight motorcyclists tooth and nail to keep claim payouts as low as possible ─ or to deny them altogether. And they have an army of attorneys on their side to back them up.

Our experienced Folsom motorcycle accident lawyers know what it takes to secure full and fair compensation. You can count on our dedicated legal team to:

  • Gather all the evidence. We will obtain police reports, weather and road conditions for the day of your accident, debris from the crash scene, your damaged motorcycle and other tangible evidence for analysis. We will find and interview any witnesses, as well as search for video surveillance cameras that may have footage depicting the collision. When necessary, we work with accident reconstruction experts who use advanced forensic techniques to determine the cause of the crash.
  • Thoroughly document your injuries. We’ll obtain copies of your medical records and have independent professionals review them to assess your injuries and prognosis. We can help you find specialized medical care, if necessary. In cases of disabling injuries, we consult medical experts and life-care planners to document future medical needs, as well as their costs. We will talk to you about keeping a journal to document your injuries and recovery, as well as how the accident has affected your day-to-day life.
  • Manage all communications. If insurers know their clients may be held liable, they will be most eager to settle. The problem is, if you don’t have an attorney representing you, the insurance company will likely try to take advantage of you. Our skilled car accident lawyers will aggressively negotiate for the maximum amount you deserve, and we will be prepared to take your claim to court if the insurance company refuses to offer a fair settlement.

Never sign anything or accept a payment from an insurance company without having your case reviewed by a knowledgeable attorney. Our Folsom motorcycle accident lawyers will review your claim for free, and we will not charge you a fee unless and until we win money for you. Contact us now.

Who Can Your Motorcycle Accident Lawyer Hold Responsible For Your Motorcycle Injury Claim?

Although negligent drivers of cars and trucks are often to blame for motorcycle crashes, there are a number of parties that could be found to be responsible. Our tenacious personal injury attorneys will identity every potentially liable party in your crash so we can pursue full and fair compensation.

This may include filing a claim against:

  • The driver who caused the accident – the most obvious source of insurance compensation.
  • The owner of the vehicle that caused the accident, who may or may not be the driver. In cases involving commercial trucks, for example, the company that owns the truck may be held responsible.
  • The employer of the at-fault driver. Many people don’t realize that if the person who caused your accident was driving a company car or truck, your motorcycle accident lawyer can file a claim against both the driver and his or her employer.
  • The company that manufactured faulty equipment that caused the crash. For example, if the brakes failed on your motorcycle, the clutch cable snapped, or your safety equipment did not protect you as the manufacturer’s sales and marketing material said it would, you may pursue a product liability claim.
  • Governmental entities. The road you were on may have been badly designed or constructed, or not maintained, creating a dangerous situation that contributed to your accident and injuries. The government agency or contractors responsible for maintaining those roads can be held at least partially liable for your injuries.

Do not wait to contact our knowledgeable attorneys after a serious motorcycle accident. Our team will want to launch an investigation into your crash immediately to begin gathering proof of who should be held liable. The longer you wait, the more evidence is lost or fades away.

What Motorcycle Accident Attorneys Recommends After a Hit-and-Run

Tragically, California has a high number of motorcycle accidents involving uninsured and hit-and-run drivers. If you were the victim of such recklessness, you should talk to our attorneys about pursuing compensation through your own uninsured motorist (UM) and underinsured motorist (UIM) coverage.

We can help you obtain a copy of the police accident report and talk to your insurance company about coverage under your policy. Contact us now to learn what options you have after a hit-and-run crash.

Our Folsom Motorcycle Accident Attorney Demands Full Compensation For Accident Claims

It is not possible to accurately estimate the full costs and losses from a motorcycle accident in the immediate aftermath of the crash. If you hear from an insurance adjuster soon after an accident, it is important to keep in mind that any quick settlement offer is likely to be for too little.

When our legal team evaluates your personal injury claim, we will consider several factors to determine what full and fair compensation should be. In general, compensation we seek includes payment for:

  • Current medical expenses from emergency responders’ care to hospitalization, diagnostic tests, surgery, physical therapy, medication, and more
  • Future medical expenses based on anticipated medical care or treatment, which may include delayed reparative surgery, or the costs of in-home assistance and/or lifestyle alterations required by disabling injuries, such as vehicle and household modifications (wheelchair ramps, widened doorways, etc.)
  • Lost income during recuperation, including lost work time for doctors’ appointments, physical therapy, etc.
  • Future income loss due to diminished earning capacity if injuries prevent you from working, limit the work you can do, or otherwise cause you to earn less than your education and experience or previous employment suggest
  • Property damage losses equal to the cost of repairing or replacing your motorcycle
  • Pain and suffering compensation for the physical pain, stress, emotional turmoil, disruption of lifestyle, and loss of enjoyment of life you have been unjustly put through

Our motorcycle accident law firm will develop a full accounting of what your personal injury claim is worth by examining your medical bills, work records, motorcycle repair bills or replacement costs, and other evidence. We will work with you, family members, riding buddies, colleagues, etc., to help determine appropriate noneconomic, or pain and suffering, compensation for you.

In cases involving the wrongful death of a motorcyclist, our attorneys can also help family members pursue compensation for their losses. This may include:

  • Funeral and burial expenses
  • Medical bills
  • Pain and suffering of the deceased before death
  • Loss of future income
  • Loss of future benefits, such as medical benefits and retirement benefits
  • Loss of love, affection, companionship, guidance, etc.
  • Loss of household duties the deceased performed, such as child care, vehicle and property maintenance, etc.

Schedule a free consultation with our compassionate motorcycle accident attorneys today to discuss your options for filing a personal injury claim or wrongful death lawsuit. Our attorneys will answer all your questions outline a plan for moving forward.

Common Causes of Folsom Motorcycle Accidents

Because motorcycles are smaller than passenger vehicles, other drivers often don’t notice them and afford them the right of way they are entitled to. Drivers turning into the paths of motorcycles are a leading cause of accidents and deaths. Other times, drivers expect the smaller, lighter bike to brake in time to avoid a collision.

Some of the common causes of motorcycle accidents include such negligence as:

  • Distracted driving, particularly texting while driving and other illegal cellphone use
  • Impaired driving (alcohol and drug impairment)
  • Fatigued or “drowsy” driving
  • Speeding
  • Aggressive driving, including following too closely (tailgating), frequent or unsignaled lane changes, dangerous or illegal passing, running or “jumping” stop lights and stop signs, etc.

Motorists who engage in aggressive driving are particularly dangerous for motorcyclists because motorcycles are smaller, slimmer, and more difficult to spot in traffic. A driver who is moving fast, erratically, and unpredictably is more likely to cut off or otherwise come upon a motorcycle unexpectedly in traffic and cause an accident.

Talk to Our Folsom Motorcycle Accident Lawyer Today

If you have been seriously hurt or lost a loved one in a motorcycle accident, you should talk to our attorneys today about your right to compensation. We can walk you through the process of filing a personal injury or wrongful death claim and answer any questions you may have.

We do not charge anything for an initial consultation, and we only get paid if and when we recover money for you.

Call (916) 764-3059 or contact us online today.

This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty or prediction regarding the outcome of your potential legal matter.