Motorcycles may be fun to ride, but they are inherently dangerous for many reasons, even to the most cautious and experienced riders. Motorcycles lack the safety features found standard in most passenger cars, such as seatbelts, airbags, and frames designed to absorb crash impact forces. Additionally, when a motorcycle accident happens, the rider faces a high risk of injury from the primary impact with the other vehicle and the secondary impact of hitting the ground.
Motorcycle accidents have a much higher chance of causing catastrophic or fatal injuries than most other vehicle accidents. If you or a family member is struggling with the effects of a motorcycle accident that another driver caused, you need a Santa Monica motorcycle accident attorney you can trust to help with your recovery.
The team at Heimanson & Wolf, LLP, has years of experience handling all types of personal injury cases in Santa Monica, including those generated by motorcycle accidents. We know the legal challenges you are likely to face and the severe injuries that motorcycle accidents often cause. Whatever your case entails, you can rely on our team to provide the ongoing support and reassurance you would expect from a seasoned team of attorneys.
Before the victim of any motor vehicle accident in Santa Monica can recover compensation for their damages, they must prove who caused the accident and how they caused it. California upholds the fault rule, so it is vital for an injured rider to prove liability for their accident before they can file an auto insurance claim and/or a personal injury claim against the at-fault driver.
Your Santa Monica motorcycle accident attorney can assist you in gathering evidence to prove how your accident happened and identify the defendant who is liable for your injuries. A few of the most commonly cited causes of motorcycle accidents in the Santa Monica area include:
When negligence causes a personal injury, the plaintiff must prove the defendant owed a duty of care they failed to fulfill and consequently caused the damages in question. In the event that a motorcycle accident or other personal injury arises from intentional misconduct of any kind, the injured rider may need to testify as a witness in a criminal case against the defendant, and the outcome of these criminal proceedings may impact their recovery in various ways.
After your Santa Monica motorcycle accident attorney has helped you prove liability for your recent accident, the next step in your recovery process is proving the full scope of the damages resulting from the incident. You have the right to file an auto insurance claim against the at-fault driver, and state law requires every driver to have appropriate insurance coverage that meets certain minimum requirements. Your Santa Monica motorcycle accident attorney can help maximize the results of your insurance claim, and once you have recovered as much compensation as possible through this process, you can proceed with a personal injury claim.
Under California’s personal injury laws, the plaintiff can seek full repayment of all the economic damages the defendant inflicted on them. These may include medical expenses for treatment of their injuries, and motorcycle accidents have a very high chance of causing severe injuries that demand extensive ongoing care. The defendant is liable for both immediate and future medical costs the plaintiff faces for treatment of their injuries.
Additionally, the plaintiff can seek compensation for any property damage not covered by insurance, and they can hold the defendant accountable for lost income resulting from the accident in question. If your motorcycle accident has left you unable to work, the defendant is liable for the income you cannot earn during your recovery. This applies to future earnings if the accident left you permanently disabled and you cannot go back to work in the future.
Beyond your claimable economic damages, you can also seek compensation for the pain and suffering you experienced. There are no limits on non-economic damages in motorcycle accident claims filed, and your Santa Monica motorcycle accident attorney can help determine a suitable figure that reflects the severity of the harm you experienced. If you suffered any catastrophic injuries from your motorcycle accident, your pain and suffering compensation is likely to form the largest share of your total case award.
When you choose Heimanson & Wolf, LLP, as your legal counsel for a motorcycle accident, we can help secure whatever evidence you will need to prove fault for the incident. This may include the at-fault driver’s cell phone records, footage captured by traffic cameras in the area, and statements from witnesses who saw the accident occur in real time. Once we have assisted you in establishing liability for your accident, our next goal is to help you get as much compensation as possible as quickly as possible so you can recover from your accident with peace of mind.
If you have lost a loved one in a fatal motorcycle accident, the driver who caused the accident is liable for the death, and you would have the right to file a wrongful death claim in lieu of a personal injury case. State law allows the beneficiaries of the deceased or the personal representative of their estate to file a wrongful death claim, and this type of civil suit seeks compensation for the family’s losses resulting from an unexpected death caused by negligence or illegal misconduct.
It is possible that you can still recover compensation for your damages if you are partially at fault for your recent motorcycle accident in Santa Monica. Under the state’s pure comparative negligence rule, the plaintiff may still claim compensation from the defendant even if they share liability for the incident. However, the plaintiff loses a percentage of their total case award to reflect their shared liability.
The total potential value of your motorcycle accident case depends on the scope and severity of the damages the at-fault driver caused. Motorcycle accidents have a high chance of causing life-changing injuries and extensive economic damages to victims, so you could have the ability to recover far more compensation than you initially expected. Your Santa Monica motorcycle accident attorney can help determine the full scope of the damages you can seek from the defendant, and their counsel can improve your chances of maximizing your final case award.
There is no law that requires you to hire an attorney for a motorcycle accident claim in Santa Monica, but having trustworthy legal counsel significantly improves your chances of maximizing your recovery to the fullest extent possible under California law. You will also be able to rest and recover as your attorney handles your legal affairs for you.
If you choose Heimanson & Wolf, LLP, as your legal representatives, there are no upfront legal fees, and you will pay nothing at all until we win your case. Once we win compensation for you, you pay a percentage of the total amount recovered from the defendant as our contingency fee. If we cannot obtain a recovery for your damages for any reason, you pay nothing, so there is no risk to you by hiring our firm to represent your motorcycle accident case.
The team at Heimanson & Wolf, LLP, has years of experience handling all types of motor vehicle accident claims on behalf of Santa Monica clients, and we are ready to put this experience to work for you in your impending case. Whatever your recovery will require, we can provide the ongoing guidance and support you need to reach optimal results in all the legal proceedings you face. Contact us today and schedule your consultation with a Santa Monica motorcycle accident attorney and learn how our firm can empower your recovery.