Insurance-Related Problems and Solutions for Motorcycle Crash Victims
California motorcyclists who get involved in accidents are fortunate if they survive, but they often face serious injuries and perhaps permanent disabilities. The inherent dangers of motorcycles can result in traumatic brain damage, spinal cord injuries, substantial soft tissue damage, and broken or amputated limbs. Adding insult to injury, insurance carriers are only interested in their bottom line. It isn’t in their best interests to give crash survivors the fair settlement they need and deserve to cover medical bills, property damage, and lost wages.
Instead of facing the insurance company alone when you’re injured, call a personal injury lawyer at Ellis Law. Our experienced legal team truly cares about supporting your recovery from your accident. We’ll apply our razor-sharp negotiating skills and in-depth knowledge of the insurance industry to get you the compensation you deserve.
Liability issues in California motorcycle crashes
California is a fault-based or tort liability state. This means that after a motorcycle accident, the insurance carrier is required to pay in accordance with the degree of fault attributed to each party. In other words, if a truck driver falls asleep at the wheel and collides with a motorcyclist who is riding in accordance with the rules of the road, then the truck driver would likely be considered 100 percent at fault for the crash. In this instance, the truck driver’s insurance carrier would be liable for all of the damages.
But what happens if the truck driver tries to claim that the motorcyclist swerved into the wrong lane or was going at a reckless speed? The insurance carrier may try to avoid paying 100 percent of the damages by shifting blame to the other party. This is one reason why it’s essential for motorcyclists to hire a personal injury lawyer after a crash.
Verbal and written statements after a motorbike crash
Following a crash, it’s essential that motorcyclists avoid making any statements to the other party or to the insurance carrier without consulting a lawyer first. These statements may be used as evidence that the motorcyclist was at least partially at fault for the crash.
Filing a personal injury lawsuit
It’s often effective for lawyers to negotiate with the insurance carrier directly to get fair compensation for the motorcyclist. But when this fails, a lawsuit may be necessary. Compared to no-fault states, it’s more common for accident cases in fault-based states to be resolved with a lawsuit rather than negotiations. If the insurance carrier tries to deny the accident victim just compensation for losses, a lawyer can argue the case in court.
At Ellis Law, our Los Angeles motorcycle accident attorneys understand the frustration of insurance-related problems following a motorcycle accident. While you’re recovering from your injuries, the last thing you need is an insurance company dragging its heels on giving you fair compensation for medical bills, property damage and more.
The Ellis Law Firm in Los Angeles will work tirelessly to protect your legal rights and represent your best interests—both in and out of the courtroom. Call us today at 310-641-3335 to request your complimentary, no-obligation case review with a top notch personal injury attorney.
Additional “insurance and legal issues after motorcycle accidents” resources
- Insurance Information Institute, Motorcycle Crashes, http://www.iii.org/issue-update/motorcycle-crashes
- National Highway Traffic Safety Administration, Costs of Injuries Resulting from Motorcycle Crashes, https://one.nhtsa.gov/people/injury/pedbimot/motorcycle/motorcycle_html/overview.html