In Bakersfield, California, a collision between a motorcycle and a pedestrian can set off a series of legal proceedings critical to both parties involved. This blog provides a thorough guide on how to proceed with an accident claim under such circumstances.
Drawing on the specifics of California law, we aim to offer clarity and actionable advice for individuals facing the challenging situation of an accident claim, ensuring they are well-informed about their rights and the steps necessary to receive medical care and pursue fair financial compensation.
What can be done when a motorcycle hits a pedestrian in Bakersfield?
DO YOU NEED COMPASSIONATE SUPPORT AND EFFECTIVE REPRESENTATION?
NO FEES UNTIL WE WIN. AVAILABLE 24/7.
Motorcycle vs Pedestrian Accident in Bakersfield: Recoverable Damages
Collisions between a motorcycle and a pedestrian are unfortunately all too common, and often result in serious injury or even death for the pedestrian involved. This is due to the significant size and weight difference between a motorcycle and a pedestrian, making it crucial for both parties to understand their legal rights and options in the event of an accident.
What can victims recover when they proceed to file a personal injury claim? Damages include:
- Medical Expenses: Injuries sustained from a motorcycle vs pedestrian accident can result in costly medical bills, including hospital stays, surgeries, and rehabilitation. Expenses for minor to severe injuries are recoverable through a personal injury claim.
- Lost Wages: If the victim is unable to work due to their injuries, they may be eligible to receive compensation for lost wages. This includes both past and future earnings that have been impacted by the accident.
- Pain and Suffering: The emotional toll of being involved in a serious accident cannot be overlooked. Victims may experience physical pain, mental anguish, and loss of enjoyment of life as a result of the motorcycle injury.
- Property Damage: In addition to personal injuries, victims may also seek compensation for property damage. This can include damage to a vehicle, personal belongings, or other property.
- Punitive Damages: In some cases, motorist victims may be entitled to punitive damages if it is determined that the at-fault party acted with willful or reckless behavior (ex. DUI accidents or hit and run accidents). These damages are meant to punish the wrongdoer and deter others from similar actions in the future. If an accident led to a fatality, families of victims may also file a wrongful death claim.
Legal Process: Statute of Limitations for Filing an Accident Claim in Bakersfield
In Bakersfield, as in the rest of California, the statute of limitations to file a claim, such as one arising from a traffic accident involving a motorcycle and a pedestrian, is generally two years from the date of the injury. This time frame is established under the California Code of Civil Procedure Section 335.1.
This two-year period applies to personal injury claims, meaning if you are injured in an accident, you have two years from the date of the accident to file a lawsuit against the party at fault.
However, if the claim is for property damage, such as damage to a motorcycle or personal belongings, the statute of limitations extends to three years from the date of the damage.
There are exceptions to these general rules that can extend or shorten the filing deadline. For instance, if the claim is against a government entity, a claimant must file an administrative claim with the government office within six months of the incident as a prerequisite to filing a lawsuit.
Getting the help of an experienced Bakersfield motorcycle accident attorney is critical to ensuring all these timelines are met. Failure to file within the given time frame can result in your case being dismissed and you losing out on any compensation for motorcycle accident injuries.
How to File a Motorcycle Accident Claim for Injury: Work With an Accident Injury Attorney
The legal process of filing an insurance claim in a motorcycle vs pedestrian case can be winding and confusing. The steps to do so include:
1. Collect and document evidence
After the accident, it is important to gather as much evidence as possible. This includes taking photos of the scene, getting contact information from witnesses, and obtaining a copy of the police report.
2. Seek medical attention
Even if you feel fine after the accident, seek medical attention still. Some injuries may not be apparent at first and can worsen over time.
3. Consider hiring an attorney
Dealing with insurance companies can be complicated and overwhelming, especially while trying to recover from injuries. You need an experienced motorcycle accident attorney who specializes in Bakersfield personal injury law.
4. Keep track of expenses
It’s important for accident victims to keep track of any expenses related to the accident, such as medical bills, lost wages, and repair costs for your motorcycle. This information will be necessary when seeking compensation.
5. File a claim with insurance
After speaking to your motorcycle accident lawyer, it’s time to file a claim with your insurance company. Be sure to provide all necessary documentation and follow up regularly until a settlement is reached. Working with an experienced law firm can ease this burden so you can, instead, focus on your healing.
Hiring a personal injury lawyer is not required, BUT is highly recommended. Injury laws and insurance policies can be complex, and having a knowledgeable Bakersfield pedestrian accident lawyer on your side can greatly increase the chances of receiving maximum compensation.
When a motorcycle hits pedestrian, the outcome may be catastrophic. Insurance providers will not have your best interests in mind and might even try to downplay the severity of your injuries or offer a low settlement amount. Your Bakersfield personal injury attorney is your line of defense against these tactics.
Victim in a Pedestrian vs Motorcycle Crash in Bakersfield? Hire an Experienced Accident Lawyer to File an Injury Claim. Contact RTM Law Personal Injury Attorneys.
The aftermath of a motorcycle accident can be devastating, all the more if it involves an innocent pedestrian. Victims and their families can file an insurance claim for compensation. If that fails, you may then pursue a motorcycle accident lawsuit to ensure that you get the medical care you need and money you deserve.
The legal team at RTM Law Firm has plenty of experience helping victims of motorcycle accidents recover physically, mentally, and financially. If you or a loved one were injured in a similar crash, know that you have our team to stand by your side toward victory.
Our motorcycle injury lawyers and pedestrian accident attorneys have your back.
Contact us anytime at (661) 402-3200 for a free consultation. No fees until we win.
WE ARE AVAILABLE ANYTIME FOR AN INITIAL CONSULTATION
NO FEES UNTIL WE WIN. AVAILABLE 24/7.
GET A FREE CONSULTATION
We Help Accident Victims File
a Personal Injury Claim in Bakersfield, CA
Our Bakersfield personal injury attorneys handle a wide range of personal injury claims in several areas, including:
✔ Algoso
✔ Baker Street
✔ Belsera
✔ Campus Park
✔ Casa Loma
✔ East Bakersfield
✔ Fuller Acres
✔ Gosford
✔ Greenacres
✔ Homaker Park
✔ Kayandee
✔ Kern City
✔ La Cresta/Alta Vista
✔ Lakeview
✔ Laurel Glen
✔ Lonsmith
✔ Maltha
✔ Mondavi
✔ Mountain Meadows
✔ Oakridge
✔ Oil Junction
✔ Oildale
✔ Old River
✔ Oleander/Sunset
✔ Olive Drive Area
✔ Panama
✔ Park Stockdale
✔ Polo Grounds
✔ Quailwood
✔ Rexland Acres
✔ Rosedale
✔ Sagepointe
✔ San Trope
✔ Seven Oaks
✔ South San Lauren
✔ Spice Tract
✔ Stone Creek
✔ Terra Vista
✔ Tevis Ranch
✔ Tyler Homes
✔ Venola
✔ West Park Community