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Personal Injury Blog

Motorcycle Accidents: The Importance of Hiring a Motorcycle Accident Attorney

Thursday, April 12, 2018

After being injured in a motorcycle accident, it is easy to become overwhelmed by everything you need to take care of such as going to doctors appointments and meeting with your insurance company. However, you do not want to make the mistake of attempting to go through this difficult time alone. An attorney can help to walk you through this oftentimes confusing process, and they will make sure that someone is looking out for your best interests during this difficult time. If you or a loved one has recently been injured in a motorcycle accident, here are just a few of the reasons you should consider consulting a personal injury attorney.

An Attorney Can Walk You Through The Legal Process

As we previously stated, filing a personal injury claim can be an extremely complex process. There will be various legal documents that you will have to file, forms that will have to be filled out properly, and all of this often has to be completed within a set period of time after your accident. The fact is that unless you have legal knowledge you will likely find yourself drowning in complex legal documents and terminology you don't understand. However, an experienced lawyer can help to walk you through this process and explain to you what is happening and what you are signing at each step of the way. They will also shoulder much of the burden by completing and filing the paperwork for you, ensuring that you have enough free time to focus on your recovery.

Get Help Establishing Fault

Unfortunately, more often than not a driver will not admit their fault in an accident. This means that it will be up to you to establish proof that the accident wasn't your fault, and that you deserve to be compensated for your injuries. This is where having an experienced lawyer on your side can be particularly critical, as they will have first-hand experience furnishing proof in cases similar to yours, and they will have experience working to get their clients the compensation they deserve. With a personal injury attorney working for you, you will have the best shot of proving the other driver's fault.

Have Someone Looking Out for Your Interests

Hiring a personal injury attorney is the only way to ensure that you have someone looking out for your interests during this difficult time. People often make the mistake of assuming that they do not need an attorney as their insurance company will watch their back; however, this is a misconception. The fact is that insurance companies are generally looking to close a claim as quickly and painlessly as possible. They are then often focused on looking out for their own best interest, and what is in the interest of their own pocketbooks, rather than on ensuring that you are being taken care of. By hiring an attorney, you will have someone looking out for you who will make sure that you are being treated fairly, and that you are properly represented, during this difficult time.

Benefit From Expert Knowledge

If you do not consult a personal injury attorney, you may also be leaving yourself open to being taken advantage of. The fact is that you likely do not know the full extent of what your injuries are worth. Thusly, without an attorney, you may agree to a settlement that is much lower than what you deserve. A personal injury attorney will have a great deal of experience assessing claims similar to yours, and they will be able to make sure you are properly compensated for your injuries, any time off of work, and your medical expenses.

Contact us to learn more about why you should consult a personal injury attorney after being injured in a motorcycle accident.

Motorcycle Accidents: Does Not Wearing a Helmet Hurt My Case?

Thursday, April 05, 2018

While many experience the siren's call at least at some point in their life that lures them onto a motorcycle, there is no argument that they are slightly less safe than your standard car. While many operate motorcycles safely, it is not always the driver of these vehicles that are responsible for an accident. However, if a motorcycle is involved in an accident, the drivers are more at risk for injury simply because the vehicle lacks that protective metal shell.

However, in an effort to cut down on the rate of severe injuries and fatalities in motorcycle crashes, many states have adopted a mandatory helmet law for both drivers and passengers. This is the case in California, in which the law requires both driver and passenger to be helmeted while on the road.

However, while this law may be in place for the safety of the riders, not everyone listens to these laws, particularly if they ride in areas where they are pretty sure they won't run into law enforcement. However, while riding a motorcycle without a helmet is your choice, if you are involved in an accident, it may make your case more difficult.

How Wearing a Helmet Affects Your Case?

In motorcycle accidents, typically you are trying to recover damages for both the damage to your motorcycle and for any injuries. However, if you were not wearing a helmet in the accident, you can be sure that the opposing insurance company's first argument will be that you will be responsible for some of those injuries.

In California, since not wearing a helmet while riding a motorcycle is technically illegal, the insurance company is likely to say that because you were breaking the law, they shouldn't need to cover some injuries. However, while they courts may agree, a case of the court completely preventing collecting compensation altogether is not likely to happen.

Yet, in making this decision, there are two factors that can affect how much compensation you receive if you were not wearing a helmet. These factors include:

  • Was There a Head Injury? - If you were in a motorcycle accident while not wearing a helmet and you actually did not suffer any head injuries, then the fact you were not wearing a helmet is completely irrelevant. However, if a head injury was present, it is likely that the courts will likely hold you at least a little bit responsible and modify the amount you will receive for the head injury alone while often covering the other injuries in full.
  • Was the Accident the Other Driver's Fault? - Similar to helmetless accidents where there is no head injury, if the accident was the fault of the other driver and they alone could have prevented it, then whether you are wearing a helmet or not does not matter. If the other driver had driven more safely, it can be argued that you wouldn't have those injuries in the first place. However, in this situation, the insurance company is still more likely to at least try to argue that the amount of damages should be limited due to your illegal behavior.

Need Help?

Were you hurt in an accident on your motorcycle in California? If you were not wearing a helmet, you may think that because you were acting illegally that you don't have a lot of options or even a right to compensation. However, that simply is not true. If you were in a motorcycle accident, due to the sheer nature of the vehicle, you may have more injuries than a standard car driver, and whether you were wearing a helmet or not, you can recover at least some compensation for your injuries. If you need representation in your case, contact us today.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.