Sacramento Motorcycle Accident Attorney
Motorcycle collisions often result in serious injuries because of the lack of protection a motorcycle provides compared to a car or a truck. Despite all safety precautions, helmets and other gear cannot protect riders from broken bones, spinal cord injuries, or worse. The Sacramento motorcycle accident attorneys at our firm understand how important it is to protect oneself from financial burden after a collision that resulted from another person’s negligence.
From its offices in Sacramento and Roseville, California, Rosenthal & Kreeger, LLP has been defending injured motorcyclists for more than 25 years and with our record of superb results, you can be confident that your case is being handled by seasoned professionals.
The Sacramento motorcycle accidents lawyers at Rosenthal & Kreeger, LLP understand how challenging life can be after a motorcycle collision, which is why our team is committed to helping our clients through the financial and legal aspects of their injuries so they can focus on physical and emotional recovery. Call (916) 774-7200 now to schedule a free consultation.
Sacramento Motorcycle Accident Resources
- Why Trust Rosenthal & Kreeger, LLP with Your Motorcycle Accident Claim?
- Do I Need a Lawyer for a Motorcycle Accident?
- How Much is My Motorcycle Accident Injury Claim Worth?
- What if the CHP or Police Report Says I Was at Fault?
- Who is Liable in a Motorcycle Accident?
- Common Motorcycle Accident Injuries
- Contact a Motorcycle Accident Lawyer in Sacramento Today
Why Trust Us with Your Motorcycle Accident Claim?
Rosenthal & Kreeger, LLP is committed to putting all of our resources to work for our clients throughout the entire process. Treating all clients as though they were a family member or friend is simply part of the process. When choosing a Sacramento motorcycle accident attorney to represent your family, it is important to focus on the results he or she has achieved and the approach that lawyer would take to your case. We are candid about both, so you can be confident in your choice.
Our Sacramento motorcycle accident lawyers want each case to be successful just as much as our clients do. This is why we use all of our resources to help make each case a victory. We work with expert witnesses, accident reconstruction experts and other professionals to help strengthen every detail. If a collision was caused by a poorly constructed road or a mechanical defect in a vehicle, we find the answers.
Do I Need a Lawyer for a Motorcycle Accident?
If you have suffered injuries in a motorcycle accident, then it’s in your best interests to start working with a Sacramento personal injury attorney. Generally, the sooner you can hire a lawyer, the better. California’s statute of limitations on personal injury cases only gives you two years from the date of your accident to file a claim before you use your right to compensation. Contacting a motorcycle accident attorney in Sacramento within a week or two of the accident can give your claim the best chance of success.
Another advantage to hiring an attorney early is to prevent costly mistakes. Insurance companies can contact you before you even have time to process your accident – sometimes on the same day. Making a statement to an insurance broker or agreeing to a settlement offer can prevent you from receiving the full extent of your compensation. An experienced Sacramento motorcycle collision attorney can help you avoid these problems.
How Much Is My Motorcycle Accident Injury Claim Worth?
Motorcycle accidents often entail substantial damages. Most motorcycles do not make it out of serious accidents intact and will often require full replacement, and riders have little protection from crash forces. A motorcycle accident can easily lead to significant economic damages, and if you plan to take legal action for a recent motorcycle accident it is wise to have some idea of how to calculate the value of your claim.
A motorcycle accident injury claim will likely entail economic and noneconomic damages. Economic damages are the direct financial effects of an accident and noneconomic damages typically pertain to intangible damages and losses like pain and suffering and emotional trauma.
- Vehicle repair and replacement costs would qualify as economic damages. If an at-fault driver completely destroyed the claimant’s motorcycle, the claimant would have the right to claim compensation for the full value of the motorcycle.
- Medical expenses typically form the bulk of an injured motorcyclist’s damages. When a negligent driver causes a motorcycle accident, the victim can pursue compensation for immediate and future medical expenses, including hospital bills, emergency room fees, and long-term treatment costs for things like physical therapy.
- Lost income may also form a portion of a claimant’s economic damages if the accident leaves him or her unable to work for an extended time. In the event an accident causes a permanent disability, the victim may claim compensation for his or her lost future income.
Economic damages are generally easy to prove; the claimant simply produces documentation that proves the extent of his or her losses and expenses and his or her motorcycle accident attorney helps establish causation between those damages and the defendant’s actions. Noneconomic damages on the other hand are harder to prove and it can be difficult to predict how much a plaintiff will receive.
Calculating Noneconomic Damages
The physical pain and trauma associated with a motorcycle accident can be worse for a victim than the economic losses resulting from the incident. The justice system allows plaintiffs to recover compensation for physical pain, emotional distress, and mental anguish resulting from a defendant’s negligence. However, different courts use different methods for calculating pain and suffering damages. The nature of the plaintiff’s damages may also influence his or her pain and suffering compensation.
Some courts will use a multiplier method to award pain and suffering compensation as a lump sum. For example, if a plaintiff suffered a severe injury and incurred $20,000 in medical bills, the court may multiply this number by three to reflect the pain associated with the injury and award $60,000 in pain and suffering compensation. For another example, a plaintiff who only suffered minor injuries may only receive a small amount of pain and suffering compensation, such as an additional $5,000 for $5,000 worth of medical expenses for treating an injury that will fully heal with minimal recovery time.
Other courts use a per diem system to award pain and suffering compensation. Instead of a lump sum, a plaintiff receives compensation for every day he or she spends in recovery until reaching maximum medical improvement. For example, if it took a full year, or 365 days, to recover from an injury, and the jury awarded $100 per day in pain and suffering compensation, the plaintiff would effectively receive $36,500 in pain and suffering compensation.
Some cases involve illegal activity on part of the defendant, or the defendant’s negligence exceeds the scope of typical negligence. In such cases, courts often award punitive damages to further punish the defendant’s wrongdoing and enhance the plaintiff’s recovery. Some states place limits on the amount a plaintiff may win in punitive damages, and these damages count as taxable income for the plaintiff unlike the other damages associated with his or her physical injuries. Ultimately, it is very difficult to predict how much a motorcycle accident injury claim is worth without analyzing the specific details of the situation.
What If the CHP or Police Report Says I Was at Fault?
A police report can be a helpful piece of evidence in a motorcycle accident claim, especially if the report determines that the other party is liable for your injuries. However, police reports don’t always rule in your favor and you may just be the at-fault party according to the cops. Thankfully, this doesn’t mean you don’t have a valid motorcycle accident claim.
Police reports can contain both facts and opinions. Details of when and where the collision happened are facts but an officer’s determination of fault may be inaccurate, especially since he or she didn’t watch the accident occur. Instead, the officer determines fault based on the accounts of the involved parties and evidence on the scene, which may lead to inaccuracies.
If the PHP or police report names you as the liable party, there are other ways to prove fault in your case. Evidence from the scene and witness testimonies can help determine the events of the incident. The court may rule differently from the police report during your claim. Our motorcycle accident attorneys in Sacramento have the resources to investigate your case and correctly determine fault.
Who Is Liable in a Motorcycle Accident?
Like many other types of personal injury cases, liability in motorcycle accidents works under the laws of negligence. If a driver acts thoughtlessly or carelessly and harms another person, then the driver is liable for the victim’s injuries.
Often, motorists are negligent by not following the rules of the road, driving while distracted, or not paying attention for motorcycles on the road. Likewise, a motorcycle rider can also be the liable party if he or she also doesn’t obey traffic laws. Not wearing a helmet can also make the motorcyclist liable for any head injuries. If the accident occurred due to a manufacturing error, then the manufacturer will be liable.
It’s possible for the involved parties to share liability for a motorcycle accident. When this happens, the injured parties can still seek compensation but the court will reduce the final damages reward by how much the injured person contributed to the accident.
Common Motorcycle Accident Injuries
Since motorcycles don’t have enclosed cabs, there’s limited protection from injury during a collision. If the accident involves a passenger vehicle, a motorcyclist can suffer severe damages. Common motorcycle accident injuries are:
- Head and traumatic brain injuries
- Broken and fractured bones
- Road rash
- Spinal cord injuries
- Bruises, lacerations, muscle damage, and other soft tissue injuries
Injuries from a motorcycle crash can even be severe enough to lead to death. Motorcyclists who survive collisions may suffer from lifelong injuries. With so much at risk, it’s essential that you work with an experienced Sacramento motorcycle collision attorney that can help protect your rights.
Contact a Motorcycle Accident Lawyer in Sacramento Today
When a motorcyclist is involved in a collision, he or she often faces prejudices after the incident. Drivers often view motorcyclists as reckless risk takers and unsafe drivers. Our office does not accept the argument that a motorcyclist “came out of nowhere” or that the other driver simply “didn’t see the motorcyclist” – these are not acceptable excuses for the negligence of other drivers.
Through the years, our motorcycle crash lawyers have succeeded in getting the best possible outcome for our clients, whether that was at the negotiating table or in the courtroom. Contact us online or call (916) 774-7200 to speak with one of our qualified Sacramento motorcycle accident attorneys and get started on your case today.
All personal injury claims are handled on a contingency basis, which means you pay no attorney fees unless you win.