Modesto Motorcycle Accident Lawyers
As the county seat of Stanislaus County, CA, it’s not surprising that Modesto is one of the busier municipalities in the San Joaquin Valley in terms of traffic. However, California Office of Traffic Safety crash statistics reveal a shocking frequency of motorcycle accidents in the city. There were 52 fatal and injury-causing motorcycle collisions in Modesto in 2016, leaving victims and their families shattered as they try to cope with extensive losses.
Fortunately, California law allows you to recover monetary compensation from the at-fault driver. Our Modesto motorcycle accident lawyers at El Dabe Ritter Trial Lawyers can help you navigate the claims process and ensure the protection of your legal rights. Please contact our office to learn more about your remedies, and read on for some important information about these cases.
LEGAL BASIS FOR MOTORCYCLE ACCIDENT CLAIMS
When a motorcycle crash occurs, it’s usually because a motorist was careless or reckless; most of the time, that person was driving a passenger vehicle. In the legal world, the concept is termed “negligence” and there are four elements you must prove to recover compensation.
- The other motorist had a duty to exercise reasonable caution when driving;
- He or she breached this duty of care;
- The breach of duty was a direct cause of the motorcycle collision in which you were injured; and,
- You sustained losses because of your injuries.
YOUR RIGHTS AS A VICTIM OF A MOTORCYCLE CRASH
In most cases, you’ll initiate your claim for compensation by filing a claim with the responsible driver’s insurance company. Though you might think your right to monetary damages is clear, you could encounter problems with getting payment. Insurers are in business to make a profit, so they don’t have your best interests in mind. It may become necessary to file a lawsuit in court if the insurance company isn’t willing to settle your claim for a fair, reasonable amount.
Whether you negotiate a settlement with the insurer or take the matter to court, you may be entitled to recover:
- Medical costs;
- Lost wages;
- Pain and suffering; and,
- Many other types of monetary damages.
LIMITATIONS ON MOTORCYCLE COLLISION CLAIMS IN CALIFORNIA
Even if you can prove all of the four above elements, you should be aware of key legal concepts that may affect your claim. For one, California has a two-year statute of limitations in personal injury cases – including motorcycle crashes. If you don’t file a lawsuit within this time frame, you cannot recover any compensation for your losses.
Also, California follows the rule of comparative negligence, which focuses on your own fault. When your actions contribute to the motorcycle collision, your monetary damages will be reduced accordingly.
SCHEDULE A FREE CONSULTATION WITH OUR MODESTO MOTORCYCLE ACCIDENT LAWYERS
If you were hurt or lost a loved one in a motorcycle crash, you need skilled representation in negotiations with an insurance company and in court. Our team at El Dabe Ritter Trial Lawyers will be at your side throughout the process, so please contact us to set up a no-cost case assessment. We can explain your legal options after reviewing your circumstances.
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