Santee Motorcycle Accident Lawyer

You’re riding a motorcycle in Santee heading towards Santee Lake. Then, you jump on your motorcycle gearing towards Santee Boulders.  Depending on the hour of the day, things can be a nice cruise or hairy heavy traffic congestion.

Because motorcycles are often linked with dangerous or reckless behavior, insurance companies will often try to place the blame on you if an accident were to occur. However, it is often the other driver who is at-fault for the accident.

Legal Resources for Motorcycle Accidents Santee, CA

 If you were injured due to another motorist’s negligent driving, you have a right to take legal action to pay for any medical bills, lost wages, or other damages suffered at the hands of the accident. Drivers must have a bodily injury liability insurance of at least $30,000 per injured person as well as $60,000 per accident. On top of that, they must carry a property damage liability insurance of at least $25,000 for each accident. More often than not, drivers in Santee carry more insurance than the minimum. Because of this, it normally takes a personal injury lawsuit to know the limits of the other driver.

On your motorcycle insurance, having UM/UIM (uninsured/underinsured) coverage may allow you to stack this on top of the other driver’s policy limits to get full compensation.

To justify your right to legal compensation, you must prove:

1. All motorists owe a duty of care to other motorists
2. The other driver was negligent
3. Their negligence caused the accident
4. You suffered from injuries and damages due to the accident

Legal Damages from Motorcycle Accidents in Santee

 In the case of a motorcycle accident, you may seek out compensation for damages including lost wages, medical expenses, and more. This can even include noneconomic damages.

Noneconomic damages are much harder to prove. Noneconomic damages include any pain and suffering you have been through or loss of enjoyment in life due to your injuries.

Punitive damages are also hard to prove because you must first prove that the other motorist was willfully negligent in their driving. If you have UM/UIM, you may lean onto this insurance if the other motorist is not insured or doesn’t have enough coverage to compensate for your damages. Calling legal aid is a definite first step in the process to ensure your rights are protected.

Comparative Negligence in Motorcycle Accident Cases

 
In California, the state is defined as a modified comparative fault state. Because of this, you must show that you were less than 50% at fault for the accident. Your compensation is reduced due to how responsible you were for the accident. For example, if you declared that you were `10% at-fault and suffered from $20,000 in damages, you would only be awarded $18,000. This comparative fault may be due to you not wearing a helmet if you suffered from a head injury. Because of this, the insurers can argue that your lack of helmet caused part of the injury.

Many states do not require motorcyclists to wear helmets, but California is not one of these. California law requires all motorcyclists to wear a helmet, so the laws that apply in some other states do not apply to you.

Primary Causes of Motorcycle Accidents in Santee

 The main reason for motorcycle accidents is how difficult motorcycles are to see. Because of this, drivers often do not see the motorcycle before the accident. Alcohol and speeding can also be other causes of motorcycle accidents. Other main causes of motorcycle accidents include:

1. The driver turns left in front of you
2. The driver hits you while changing lanes
3. The driver hits you from behind

What to do After a Motorcycle Accident in Santee

 After being involved in a motorcycle accident, it is important that you seek immediate medical attention. This will not only ensure that you are safe but will also be important documentation for your insurance claim. When you are injured at the scene, it can be difficult to gather evidence, so the police that reports out will get the statements and take notes on the accident scene as well as their opinion on who was at fault. If you are not too injured, try to observe the following details from the accident:

• Insurance information for the other driver
• Photos of the scene, car, motorcycle, injuries, or road hazards
• Contact information for witnesses.

Medical Treatment

 One of the most crucial steps to take following an accident is to get medical treatment for your injuries. It can be an instinct to act tough, but you don’t want to wait and have more severe injuries later. Delaying medical treatment can cause worsening injuries. After seeking immediate treatment, follow up with your primary care physician. If you don’t have health insurance, you may be able to gain access to treatment without paying up-front. Speak to a personal injury attorney to guide you through your options.

Adjuster Communication

 When you file a claim, you will be assigned an adjuster. It is recommended that you do not consent to a telephone interview with the insurance company following the accident. If you do decide to do so, it is advised to speak to a motorcycle accident attorney first. Take advantage of the free consultations.

How to Choose a Santee Motorcycle Accident Lawyer

 Make sure that you do adequate research before you sign a contract with an attorney. Look into their previous cases, clients, and ratings. Ratings of different lawyers can be accessed through either lawyers.com or martindale.com. It is important that you feel a level of comfort with the attorney that you choose, so it is not a bad idea to interview more than one.

A good first step is to get in contact with a personal injury lawyer that has a good reputation. Through this, your accident attorney will be able to conduct an initial investigation as well as document your accident and injuries.