Motorcycle crashes often leave victims facing significant physical injuries and emotional distress. Knowing the steps to file a motorcycle accident claim is necessary for securing the financial payout you need to cover medical bills, lost wages, emotional distress, and even loss of future income.
This blog explains the process of filing a civil claim in Victorville, San Bernardino County, so motorcycle accident victims and their families can have peace of mind as they recover.
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Filing a Claim After a Motorcycle Crash
Filing a civil claim is a process aimed at recovering damages for bodily injuries and other losses sustained due to another party’s negligence.
Motorbike injury compensation can cover medical expenses, lost wages, pain and suffering, and other related costs. Knowing the specific steps to take when you are injured in a motorcycle crash can significantly enhance your chances of obtaining a high settlement.
Steps to Take Immediately After a Motorcycle Collision
1. Ensure safety and seek emergency care
The first priority after any motorcycle crash is safety. Move to a safe location if possible and check for injuries. Even if injuries seem minor, you still need to go to the nearest Victorville hospital or see a doctor who will provide a more thorough assessment of the aftermath.
Some injuries may not be apparent right away and could manifest and worsen as the days or weeks (even months) go by. Traumatic brain injury and neurological damage sometimes takes several days or weeks to show any signs and symptoms.
2. Contact law enforcement
Call the police right away. An official police report and sketch will document the incident and can become crucial evidence when the time to file your motorcycle accident claim comes.
3. Gather evidence at the accident scene
Take photographs of the location of the accident, your motorcycle, any other vehicles involved, and any visible injuries and property damage. If there are witnesses, gather their contact information, as their statements can support your claim for a motorbike injury later on.
4. Exchange information
Exchange contact and insurance information with the other at-fault party. Ensure that you get their name, phone number, address, driver’s license number, and insurance policy details. Refrain from making any statements, admitting anything, or agreeing to anything they say.
5. Consult a motorcycle accident attorney in Victorville
Going through a motorcycle accident claim can be difficult without professional guidance. An experienced motorcycle accident lawyer is well-versed with local laws and can ensure that your rights are protected.
Whether your accident case occurred in Hesperia, Apple Valley, Mojave Heights, or anywhere in San Bernardino County, the right personal injury lawyer will know what to do when the unfortunate happens.
6. File a personal injury claim with the at-fault party’s insurance
With the help of your motorcycle accident lawyer, file a claim with the insurance provider of the person who caused your losses. The insurance company will conduct its own investigation and may request additional information or interviews. Your lawyer can help in gathering and presenting evidence, as well as negotiate with insurers on your total settlement.
Insurance adjusters may initially offer a settlement that is lower than what you deserve. An experienced Victorville motorcycle accident attorney from RTM Law Firm can negotiate on your behalf to ensure you receive what is truly due you. Our legal team understands the tactics used by insurance companies to devalue your losses and can effectively counter them so you win.
Local Considerations in Victorville, San Bernardino County
Local Traffic Laws
Specific traffic regulations can impact your motorcycle accident claim. For example, California’s lane-splitting law allows motorcyclists to ride between lanes of traffic, but this can sometimes complicate fault determination in collisions. Local attorneys will be well-versed in these guidelines and can help clarify how they apply to your case.
Dealing with Uninsured or Underinsured Drivers
In some instances, the at-fault driver may be uninsured or underinsured. This scenario can complicate the process of obtaining motorbike injury compensation.
California law requires insurance companies to offer uninsured/underinsured motorist coverage, which can be a critical resource in these situations. Your personal injury attorney can explore all available options to maximize your payout.
Statute of Limitations
California has a statute of limitations for filing personal injury claims, including motorcycle accidents. You generally have two years from the date of the crash to file a civil claim. Missing this deadline can bar you from seeking compensation, so it’s important to act promptly.
Maximizing Your Motorbike Injury Compensation
Demonstrating Pain and Suffering
Beyond medical bills and lost wages, you may be entitled to compensation for pain and suffering. This aspect can be more subjective and requires thorough documentation. Keeping a daily journal detailing your pain levels, emotional state, and the impact on your daily life can support this part of your motorcycle accident case.
Economic and Non-Economic Damages
Motorbike injury compensation typically covers both economic and non-economic damages. Economic damages include tangible costs like medical expenses and lost income, while non-economic damages cover intangible losses such as emotional distress, loss of consortium, and loss of enjoyment of life.
Involved in a Motorcycle Crash? Talk To Our Motorcycle Accident Lawyer at RTM Law Firm. Free Consultation.
Filing a motorcycle accident claim in Victorville requires careful attention to detail and a thorough understanding of local procedures.
By following the steps outlined above and consulting with a knowledgeable motorcycle accident lawyer, you can enhance your chances of getting the highest motorbike injury compensation possible.
Motorcycle riders injured in a collision caused by another person’s recklessness have a right to file a claim. The experienced motorcycle injury attorneys at RTM Law Firm in Victorville are here to help you.
Don’t be afraid to take the first step to your recovery. We don’t charge any fees until we win.
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