Being involved in a motorcycle accident can be a life-altering event, both physically and emotionally. If you’ve been injured in a motorcycle accident in California, it is important to understand your rights and how to protect them. Knowing what you are entitled to can help you make informed decisions during this challenging time.
Right to Seek Compensation
If you were injured due to someone else’s negligence, you have the right to seek compensation for your losses. This can include:
- Medical Expenses: You have the right to pursue compensation for all medical treatments related to the accident, including hospital bills, surgeries, physical therapy, and future medical needs.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for lost wages and any potential loss of future earning capacity.
- Pain and Suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the accident.
- Property Damage: If your motorcycle or other personal property was damaged, you can seek compensation for repair or replacement costs.
Right to Hold the At-Fault Party Accountable
In California, motorcycle accident claims are typically based on negligence. If another party, such as a driver or even a manufacturer, caused the accident through their negligent actions, you have the right to hold them accountable. Common causes of motorcycle accidents include distracted driving, failure to yield, speeding, or defective motorcycle parts.
California follows a “comparative negligence” rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your settlement would be reduced by 20%.
Right to Work with an Attorney
You have the right to hire an attorney to represent you in your motorcycle accident case. While you can choose to handle your claim on your own, working with an attorney can help you navigate the complexities of the legal process and see that your rights are fully protected. An experienced attorney can negotiate with insurance companies on your behalf, gather evidence, and build a strong case for compensation.
Right to Reject an Unfair Settlement Offer
Insurance companies often attempt to settle claims quickly and for as little money as possible. You have the right to reject any settlement offer that you believe does not adequately cover your medical bills, lost wages, or other damages. It’s important not to feel pressured into accepting an offer too soon, especially if you have not yet reached Maximum Medical Improvement (MMI) or fully understand the long-term impact of your injuries.
Right to File a Lawsuit
If settlement negotiations do not result in a fair outcome, you have the right to take your case to court. Filing a personal injury lawsuit may lead to a better outcome, especially if the other party or their insurance company refuses to take responsibility. Keep in mind that California has a statute of limitations for personal injury cases, including motorcycle accidents, which is typically two years from the date of the accident. Filing after the deadline can result in losing your right to pursue compensation.
Protect Your Rights After a Motorcycle Accident
Motorcycle accidents can lead to serious injuries and long-term consequences. Knowing your rights after an accident is the first step toward securing the compensation you deserve. At The Law Offices of Brent W. Caldwell, we have experience handling motorcycle accident claims and can help you understand your legal options. Contact us for a free consultation to discuss your case and learn how we can assist you in protecting your rights and pursuing the compensation you need.
