California has one of US’s largest populations of motorcycles with over 80,000 bikes registered. It is not surprising that Californians love their bikes what with the incredible riding opportunities that the region provides. Motorcycle crashes are every common, in fact, they make up about 14 percent of all accidents. Cases involving motorcycle/bicycle accidents contain certain legal aspects that are not similar to other vehicle accidents. It is why handling a motorcycle accident case in Downey requires a professional with the relevant know-how.
Why Get a Lawyer
Motorcycle rules and laws are varied in different states, and that plays a significant role when filing a claim for compensation. For example, you are supposed to take a separate driving test in California to get a license. Also, there are two types of licenses, the M1, which allows operation of any motorcycle, and M2, which permits you to ride any motorized bicycle, scooter, or moped. For instance, if you had an M2 license and got involved in an accident while driving another type of bike, then there may be complications. A motorbike/ bicycle attorney understands the proper way handling of such a case.
Keep in mind that the state has some of the toughest motorcycle laws you will ever encounter anywhere in the U.S that includes safety equipment, insurance, and licenses. For example, a rider can only use helmet speakers with only one earphone. Riding with speakers on is an aspect that influences the gravity of a claim. A lawyer would have to prove that you were within the laws when you were on helmet speakers.
California is the only state that allows lane splitting. If you got into an accident because you were splitting lanes with a car heading in the same direction, then you may have a case. A lawyer who has not dealt with motorcycle accident laws may not know how such a scenario plays out.
A motorcycle accident lawyer is a useful tool to have in your arsenal when filing a claim because you could be dealing with an underinsured or uninsured defendant. There are also cases where the insurance company responsible does not have the ability to pay an award. Dealing with an insurer with financial problems introduces a whole set of challenges, which a specialized lawyer can help with.
Imagine agreeing to a long-term settlement with an insurance company only to find out later that it is filing for bankruptcy. You can avoid falling into such problems when working with a legal professional. When negotiating a settlement, a lawyer will not only look at your degree of injuries but the compensation ability of an insurance company.
The Role we Play
The Downey motorcycle lawyers at El Gabe Law firm are well conversant with the bike laws in California. We understand the intricacies of filing for such a lawsuit, and that is why we offer you customized services. A lot of special circumstances can arise with a motorcycle accident case. For instance, if you were driving with a learner’s permit, that may impact the direction of your case. Our job is to analyze all the facts you present and gather supporting evidence to prove that you are owed.
As with other vehicle accident cases, we must prove liability and damages when fighting motorcycle accident claims. Determining fault is not always a simple task even when you know the other party is to blame. Our Downey motorcycle/bicycle accident attorneys use all the firm’s resources to meet the burden of proof.
When it comes to damages, we look at those capable of exact calculation and the ones that are not. Damages capable of calculation are called special damages, and these include medical bills, lost earnings for the past, present, and future, loss of earning capacity, and other financial losses. The other types of damages are pain and suffering, which don’t have precise guidelines for calculation.
A Lawyer for Motorcycle injuries
Motorbike accidents have some of the most catastrophic injuries, especially involving the head and spine. A bike accident may leave you permanently paralyzed or with some physical deformities. Recovering compensation for such injuries is not only tedious but frustrating as well. It is even worse when you have dependents who are going to suffer the aftermath of such injuries. A Downey motorcycle injury lawyer works alongside other specialists to ensure that an insurance company covers the costs of treatment as it should.