Motorcycle Accident Lawyer in Riverside, CA
You enjoy riding your motorcycle in the Inland Empire. Since you ride safely, you do not expect an accident. Regardless, if you are involved in a motorcycle collision, it is important to respond the right way. With a motorcycle accident lawyer in Riverside, CA on your side, you can take legal action against any responsible parties.
The Law Offices of Fernando D. Vargas has over 35 years of legal experience. We have recovered more than $100 million in compensation for motorcycle crash victims. Following a motorcycle collision, discuss your legal options with a personal injury lawyer in Riverside from our team.
How Long Do I Have to File a Motorcycle Accident Claim in California?
California has deadlines to sue someone who caused a motorcycle crash. After a motorcycle collision, you have up to two years from the day of the incident to seek compensation from any at-fault parties. If this window elapses, you will no longer be able to take legal action.
Talk with our Riverside County motorcycle accident attorneys if you are debating whether to file a lawsuit. Your lawyer can provide insights into the critical role of photography in your accident case and other topics related to your legal matters. They will explain if you have grounds for a lawsuit and what your case may be worth.
In a lawsuit, you can request economic and non-economic damages. Your lawyer wants you to receive money for your medical bills, lost wages, pain and suffering, motorcycle repair or replacement expenses, and other quantifiable and subjective losses. To achieve this goal, they will prepare an argument centered around negligence.
Why You Can Trust Our Law Firm to Handle Your Motorcycle Accident Claim
Our motorcycle accident lawyers have a track record of success. To date, we have secured many personal injury settlements and jury verdicts that match or exceed our clients’ expectations. In your motorcycle collision case, we will do what is necessary to get you the case results you want.
In addition, our team has a wealth of experience in motorcycle accident cases. We will use what we know to put together a compelling argument on your behalf. Our personal injury attorneys will investigate your motorcycle crash, identify any liable parties, and account for your losses. Next, we can craft an argument designed to prove to a judge or jury that compensatory damages are warranted.
As your motorcycle collision case moves forward, we remain on your side. We encourage you to share your legal concerns and questions with our team. Meanwhile, we will keep you updated about motorcycle collision settlement negotiations. If no settlement agreement is reached, we can take your case to trial.
Expect an At-Fault Party’s Insurance Company to Fight Back Against Your Motorcycle Accident Claim
California motorcyclists must carry insurance. However, your motorcycle insurance policy does not protect you financially if someone else is liable for your accident. In this situation, you can request money for your losses through an insurance claim.
Your Riverside motorcycle accident attorney will guide you through the insurance claims process. Once your claim is filed, they will negotiate a settlement with the at-fault party’s insurance carrier. Unfortunately, the claims process does not offer any guarantees. In your case, the liable party’s insurer may dispute your claim even if their client is to blame for your accident.
Ultimately, your motorcycle accident attorney may go back and forth repeatedly with an at-fault party’s insurance claim. They will let you know if they get a settlement offer and, if so, share the proposal with you. Together, you and your attorney can review a settlement proposal, weigh its pros and cons, and decide whether to approve it.
Keep in mind that you are not legally obligated to accept a settlement proposal. If you do not get a settlement offer that provides you with enough compensation for your losses, your motorcycle accident lawyer may advise you to proceed with a personal injury lawsuit.
Negligence Has the Potential to Make or Break Your Motorcycle Accident Case
If you say someone acted negligently and should be held responsible for your motorcycle crash, you must prove this point. Otherwise, a judge or jury will not award compensatory damages, and you will have to cover your motorcycle collision losses. Our Riverside motorcycle crash lawyers prioritize negligence as we get your case ready for trial. We will create an argument focused on these elements of negligence:
Duty of Care
You follow the rules outlined in California’s motorcyclist guide and expect other riders to do the same. On top of this, you believe motorists and others will avoid careless and reckless acts. By choosing not to commit such acts, these parties are compliant with their duty of care to you and others.
Breach of Duty of Care
Someone violates their duty of care when they engage in activities that can cause others to get hurt. For instance, distracted driving is against the law. If a motorist drives while distracted, they can cause an accident in which a rider suffers serious injuries. Since this motorist has breached their duty of care, they may be held accountable for the incident.
Causation
Before you can receive money for your motorcycle accident losses, your lawyer must make it clear to the court that a liable party caused you harm. They may provide the court with a timeline of events related to your accident. Doing so may help a judge or jury see why you are in no way to blame for the incident.
Damages
What you receive in compensatory damages is based on your losses and how these may affect you now and in the future. Your lawyer may use crash scene photos, witness statements, a police report, traffic camera footage of your accident, and other evidence to support your case. This may prompt the court to award damages you can use to recover financially from your accident.
Your Riverside motorcycle accident attorney can define negligence and its role in your personal injury claim. They can also describe pure comparative negligence in California and instances in which a motorcyclist can be held partly liable for their accident and losses.
Pure Comparative Negligence in Your Motorcycle Accident Cases
California Civil Code Section 1714 details pure comparative negligence. If a judge or jury rules you are in any way responsible for your motorcycle collision, you can still recover damages from other liable parties. Yet, what you receive in damages can be reduced by your percentage of fault. You can still be 99% at fault for your motorcycle collision and still receive damages.
For instance, the court says you are 20% to blame for your motorcycle crash. Based on this, the defendant in your motorcycle collision lawsuit is responsible for 80% of your damages. If you were awarded $100,000 in damages, you would then receive $80,000 due to pure comparative negligence.
Your attorney works hard to show that a party is responsible for your motorcycle crash. They will interview witnesses and conduct other research as they build your case. Your lawyer wants any liable parties to have to compensate you fairly for the harm you have endured.
Who Can Be Held Legally Responsible for a Motorcycle Accident?
Who is to blame for a motorcycle accident varies based on the circumstances of the incident. In many motorcycle crash cases in Riverside County, a motorist is responsible. There are times when someone other than a driver is at fault for a motorcycle collision. Outside of a motorist, parties that can be at fault for a motorcycle accident include the following.
The Motorcycle Manufacturer
You buy a motorcycle and expect it to run well for a long time. Sadly, your motorcycle malfunctions, leading to a crash and injuries. Your motorcycle accident lawyer may find that the manufacturer is liable for your losses. They may look for motorcycle recalls and other evidence to prove to a court that this manufacturer did not offer safe motorcycles and, as such, should have to compensate you.
A Motorcycle Mechanic
Bringing your motorcycle to a mechanic for regular tune-ups is a must if you want to keep your bike running at peak levels. If a mechanic makes a mistake while performing maintenance or repairs, you could suffer the consequences. Your motorcycle accident attorney can use your motorcycle maintenance and repair records to demonstrate that a mechanic’s actions contributed to your accident.
A Local Government Entity
You take your motorcycle out on highways in the Inland Empire, but roads are not always free of debris and other hazards. If potholes or similar hazards cause you to lose control of your motorcycle, you may have a case for damages from the government entity responsible for the road. Getting money from local road authorities in Riverside and surrounding cities is incredibly difficult. Your motorcycle accident lawyer will put you in a great position to secure compensation from a government body through an insurance claim or lawsuit.
Another Motorcyclist or Motorist
A motorcyclist may ride faster than the posted speed limit or choose not to take other precautions. A driver changes lanes without checking their blind spot. If this rider or driver slams into you and your motorcycle, you can hold them responsible for the harm they have caused. Your motorcycle accident lawyer can request compensation for you from the other motorist’s insurance carrier or via a personal injury lawsuit.
No matter who is responsible for your motorcycle collision, it pays to work with a personal injury lawyer as you go through the legal process. Our attorneys puts your legal rights and best interests front and center throughout your case. We may help you if you want to pursue compensation from someone responsible for a family member’s fatal motorcycle accident.
Filing a Wrongful Death Claim Can Benefit You and Your Family
Sadly, there are many cases in which a family member dies in a motorcycle collision caused by someone else’s negligence. The loss is devastating, and you and your loved ones may have no idea what to do in the initial days of shock and grief. You may feel helpless during this emotionally taxing time. Thankfully, legal help is available from the Riverside motorcycle accident attorneys at the Law Offices of Fernando D. Vargas.
Who Can File a Claim After a Fatal Motorcycle Accident?
According to California Code of Civil Procedure Section 377.60, you can ask for compensation if you are the surviving spouse or registered domestic partner of a deceased person (decedent). It is also possible to submit a wrongful death claim or lawsuit if you are a surviving child, parent, or grandparent of a deceased individual.
How Much Time Do I Have to File a Fatal Motorcycle Accident Claim?
Typically, the statute of limitations for a wrongful death claim is two years from the day of a person’s death. While there are some exceptions to that statute of limitations, the time frame may not be extended.
Why Fatal Motorcycle Accident Claims Are Important
Filing a wrongful death action may not change the way you feel about your family member’s fatal motorcycle collision. On the other hand, the action can provide you and your loved ones with a sense of closure. It allows your family to hold a liable party accountable for their actions and may lead this party to avoid doing things that put others at risk down the line.
Your wrongful death action may result in compensatory damages for you and your family. These damages can help you and your loved ones stay afloat financially while grieving the loss of your loved one. This compensation can cover your late family member’s burial and funeral expenses and other losses.
Contact an Experienced Motorcycle Accident Lawyer in Riverside, CA
The Law Offices of Fernando D. Vargas offers award-winning personal injury and wrongful death representation. We assist Riverside County motorcycle crash victims and their families and are unafraid to take on challenging personal injury cases. Give us the opportunity to help you with your motorcycle collision case. Contact us today to request a free case evaluation.