How to Find the Best Motorcycle Accident Attorney in California
According to the California Office of Traffic Safety, 565 data deaths occurred in motorcycle accidents in 2021 in the state, while many thousands of motorcyclists were injured in collisions.
Motorcycle riders are significantly more likely to suffer serious and fatal injuries in a motor vehicle crash because a motorcycle simply does not provide much protection against the force and impact of a car or truck.
Under California law, drivers who strike a motorcycle can be held accountable for the harm they cause if they engage in intentional wrongdoing or behave negligently while operating their vehicles. It’s up to motorcycle crash victims to pursue a claim for compensation, though.
It can be confusing and stressful to try to navigate a legal claim when coping with a motorcycle accident’s aftermath. If you were hurt in a motorcycle crash or a loved one was killed, you should find the best motorcycle accident lawyer in California to represent you.
This guide will explain how to do that.
Do You Need a Motorcycle Accident Lawyer in California?
Anyone injured in any type of accident should think seriously about hiring a legal professional.
Auto insurance companies are supposed to provide full and fair compensation when the policy holders they cover cause a crash. Unfortunately, most insurers try to make lowball offers to protect their bottom line at the expense of victims.
Since motorcycle accident injuries are often very serious, it’s especially important for those who were harmed by this type of crash to have a legal advocate. A skilled attorney can identify defendants, gather evidence, put together a strong case, and get compensation that crash victims need to rebuild.
Motorcycle accident victims don’t just want any lawyer, though. They’ll need a legal advocate familiar with these types of claims to maximize their chances of making a successful case.
How Can You Find the Best California Motorcycle Accident Attorney
Finding the best motorcycle accident attorney in California starts with identifying legal advocates to meet with. Next, it involves finding a trusted, knowledgeable and compassionate legal professional to help you.
Make a Short List of Attorneys
It’s important to find several attorneys who are skilled in motorcycle accident claims that you can talk to about your case.
Attorneys have different areas of expertise, just like doctors do. You wouldn’t hire an orthopedic surgeon to perform brain surgery, and you shouldn’t just hire a general lawyer to handle your motorcycle accident claim. You need an advocate who has successfully represented many motorcyclists and who knows the ins and outs of these cases.
You can find attorneys to talk to by searching the Internet for those who have proven knowledge about motorcycle accidents. Key things to look for when searching the web are a helpful, informative website, solid professional credentials, and a willingness to offer free consultations.
You can also tap into your network. If you’ve ever worked with a lawyer before — such as an estate planning attorney or a lawyer who helped you close on your home — that lawyer may have colleagues they trust who handle motorcycle accident claims. Ask for a referral.
Consider using social media to reach out to your network as well. You may find someone else in your life has been in an accident and had a motorcycle attorney help them out. The local Bar Association and professional groups can also point you in the right direction.
Using these resources, find a few potential attorneys whose resumes look good and who come highly recommended.
Schedule a Free Consultation
Once you’ve narrowed down your list, schedule a free consultation with the lawyers you’re thinking of hiring. Most injury lawyers provide free consultations to clients and it’s a major red flag if the one you’re thinking about working with doesn’t offer this service.
When you schedule your consultation, pay attention to how the support staff treats you. Are they welcoming and professional? Do they help you see an attorney quickly? These are all factors that will matter as your case unfolds.
Your consultation will also be a good opportunity to assess whether you think you can work well with the lawyer.
You will be spending time together as you navigate your case for weeks, months, or even years. You need someone you feel comfortable with, someone who answers your questions, someone who listens to you, and someone who understands your struggles and goals.
Look for a Motorcycle Accident Lawyer Who Works on Contingency
It’s vital you ask about fee structure when setting your consultation or during your discussion with a potential lawyer.
You absolutely don’t want to hire a legal professional who charges an hourly fee in injury claims. This is too risky, as you’d have to pay fees even if you don’t prevail. This could cost tens of thousands of dollars.
Instead, be sure your lawyer works on contingency. This means they collect legal fees from you if they win your case and you get paid. A lawyer who works on contingency will take a percentage of the money they help you to recover. You don’t have to worry about getting stuck with the bill if they aren’t successful.
Your attorney should explain exactly what percentage of your settlement they’ll take if you win. It’s often between 33% and 40%, with a smaller fee charged if your claim is resolved early in the process.
Although this may seem like a lot, studies have shown that those who hire lawyers get so much more compensation due to skilled legal advocacy that they walk away with more money even after paying their attorney’s fees.
Ask About Their Past Track Record of Settlements and Litigation
As you talk with your potential attorney, it’s also essential to find out about their past cases. You’ll want to know:
- What percentage of their cases result in a favorable verdict for their clients?
- How often do cases settle outside of court?
- Do they have litigation experience?
- What are some past settlements or damage awards they have helped clients to obtain.
Remember, their past cases are not predictive of how much money you will recover because that’s dependent on the specifics of your injuries and the extent of fault attributed to the other driver in your motorcycle accident.
However, if your lawyer doesn’t have courtroom experience, doesn’t help the majority of clients get compensation, or hasn’t won any big cases, this could be a red flag that they won’t be successful in your claim either.
By finding a lawyer who specializes in motorcycle accident claims and who has a long track record of success, you can hopefully find an advocate who will get you the justice you deserve.
What Does a Lawyer Do For You After a California Motorcycle Accident?
Finding the right motorcycle accident lawyer is the key to success because an attorney handles many important tasks when you fight for compensation following a motorcycle crash. Here are just some of the many ways in which an attorney assist you in navigating the legal system following a collision.
Put Together Your Case
If you want the other driver to pay you damages after a motorcycle accident, you must show they were to blame for the accident.
However, can still move forward even if you were partly at fault, as California follows a rule called pure comparative fault established in Li v. Yellow Cab Co., 532 P.2d 1226 (1975). Under this legal doctrine, you can take legal action to get compensation from another driver, even if you were mostly to blame. The damages you receive will be reduced by the percentage of the blame you share.
An attorney can assist you in determining if another driver was wholly or partly at fault for your motorcycle crash and in gathering the evidence to prove it. This can involve:
- Interviewing witnesses
- Hiring an expert to testify
- Gathering evidence from the scene, including pictures of debris or the damage to your motorcycle or to the other vehicle
- Obtaining police reports from the California Highway Patrol or your local police department. Police must be called in any crash where there is an injury or fatality, and they will make a report you can use to help you show what caused your collision
Your attorney will also assist in identifying the most solid legal arguments to make. For example, you must show the other driver was negligent in causing your motorcycle crash. You can do this by showing a hypothetical reasonable motorist would have been more careful, or by demonstrating the other driver failed to follow a safety rule such as a speed limit or laws requiring them to yield.
Help You File Your Claim
California Code of Civil Procedure section 335.1 establishes a two-year time limit for injury claims. Your attorney can help you file your claim before it is time-barred and can identify the right court in which to pursue your case.
Negotiate With the Insurer On Your Behalf
Around 97% of injury claims are resolved outside of court, so negotiating with the insurer of the at-fault driver will be one of the most important jobs your motorcycle accident attorney does.
Your lawyer will send a demand letter to set the stage for negotiations and can play hardball with the insurer to try to get a fair settlement so you can avoid the stress and uncertainty of court proceedings.
Insurance companies often try to pay victims as little as possible, but if they know that a legal professional is representing you, they’re more likely to offer you a fair settlement. They often don’t want to go to court either, and they know your attorney will tell you what your case is worth.
Fight for You in Court
Finally, if you can’t settle your claim, your lawyer will fight for you in a court of law. This involves presenting evidence in accordance with the rules and meeting the burden of proving your claim so you can get justice.
FAQ
How much is a motorcycle accident settlement in California?
The compensation you receive after a motorcycle accident depends on the extent of your damages and the share of the fault attributed to the other driver. You should be compensated for medical bills, lost wages, pain and suffering, and emotional distress. If you share blame for the accident, the compensation you receive will be reduced based on the percentage of fault attributed to you.
How much do motorcycle accident lawyers charge in California?
Motorcycle accident attorneys in California typically charge on a contingent fee basis. You pay a percentage of the money they help you to collect. This is usually between 33% and 40%, depending on whether your case is resolved in settlement, litigation, or after an appeal.
Studies have shown most people get more compensation even after paying fees when they have an attorney because their legal advocates effectively fight for a fair settlement or verdict.
What is the statute of limitations on a motorcycle accident claim in California?
In California, you have two years to make a motorcycle accident claim under the rules set forth in California Code of Civil Procedure section 335.1.
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This story was originally published August 21, 2024 at 6:48 AM.