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Have you been injured in a motorcycle accident in Escondido? Was your bike damaged? If you are uncertain about covering your bills and fixing your ride, it is important to contact an Escondido motorcycle accident lawyer. We can discuss your situation and determine your legal options so that you can make an informed decision about what is right for you.
Motorcycle accidents can cause severe injuries, requiring extensive medical care and rehabilitation, not to mention the time away from work. Avoid rash decisions with insurance settlements that may not ultimately provide for your financial future or that of your family. Contact an experienced Escondido personal injury attorney to help you handle the situation. Call Sargent Law Firm Injury Lawyers today for your free case consultation. We are your local injury law firm.
Damages You Can Claim for Your Motorcycle Accident in Escondido
Motorcycle accidents can result in severe injuries. Accident victims may suffer from such injuries as:
- Traumatic brain injuries
- Spinal cord injuries
- Back and neck injuries
- Broken bones
- Road rash
- Burns
Even the most protected bikers can suffer catastrophic injuries when accidents occur at high speeds. Fortunately, California law allows you to pursue both economic and non-economic damages to compensate you for the injuries and losses you suffered.
Economic Damages in Your Accident Claim
Economic damages are generally the losses that are easier to calculate. We can compile your economic damages from bills, receipts, and invoices. They can also be derived from your financial statements. Examples of your possible damages include the following:
- Medical Expenses: From your emergency room visit to Palomar Medical Center to your rehabilitation, the medical bills you incur for your recovery can be sought for compensation.
- Lost Wages: Whether you work hourly or on salary, you can recover compensation for your time away from work. This includes any missed benefits and opportunities.
- Reduced Earning Capacity: In the unfortunate circumstance that your injuries affect your ability to return to work, you can seek compensation for the difference between what you did earn and what you now can.
- Property Damages: Your ride will need to be repaired. Depending on the damage, it may need to be replaced. You can demand compensation to repair or replace your motorcycle and any personal items, such as protective gear and cell phone.
- Out-of-Pocket Expenses: You can request compensation for any transportation you need, medications your doctor orders, and any modifications you require while recovering.
Non-Economic Damages in Your Accident Claim
Equally as important are your non-economic damages. Non-economic damages are more subjective in nature because they are losses to your quality of life. They may include such losses as:
- Pain and Suffering: The physical pain you suffered is a loss that you can seek for compensation.
- Emotional Distress: If you live with anxiety, depression, or psychological trauma following the accident, you can seek financial recovery for therapy.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies and activities, you have a right to request compensation for this loss.
- Loss of Consortium: Frequently, accident victims suffer stress in their relationships. We can help you seek compensation for the hardship your injuries have placed on your spouse and loved ones.
- Disability and Disfigurement: You can also seek compensation for any long-term, permanent injuries you live with.
Wrongful Death Damages Can Be Sought
In addition, if your loved one died in a motorcycle fatality, please accept our sincere condolences. Our wrongful death lawyers may be able to bring a wrongful death lawsuit on the deceased’s behalf. We can seek the following types of damages:
- Funeral and burial expenses
- Final medical bills
- Pain and suffering
- Loss of financial support
- Loss of parental guidance
- Loss of consortium
We have recovered over $40 million for clients. Our Escondido motorcycle accident lawyer can explain the types of damages that you may pursue in your case.
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Schedule NowWorking With Our Escondido Accident Attorneys Is Easy
Our motorcycle accident lawyers in Escondido can build your personal injury claim and allow you the peace needed to recover from your injuries. We believe in providing you with the highest level of legal representation you and your family deserve. Here’s how we can help you:
Free Case Reviews for Accident Victims
We provide our clients with a free case review. During your review, you can ask questions to understand your options better. We can address any of your concerns and explain what to expect.
Once we agree to work together, we develop a personalized case plan based on the circumstances in your case and your needs. We make sure you are receiving the best medical care possible and will check in regularly with you, sending you updates on your case.
Thorough Investigation Into Your Motorcycle Accident
Our legal team will collect the evidence in your case to prove who was at fault, how the accident occurred, and the losses you suffered. The evidence we gather could include any of the following:
- Photos of the accident scene
- Surveillance and traffic camera footage
- The police report
- Insurance information
- Witnesses’ statements
- Medical records
- Bills, receipts, and invoices
- Financial statements
Deal With the Insurance Companies on Your Behalf
With the evidence we collect, we will submit your personal injury claim to the insurance companies. In fact, once we start working for you, we will reach out to them to let them know our intentions to represent you and that we are seeking a fair settlement for your losses. We will handle all settlement negotiations and advise you on the best options.
Take Your Claim to Court if Necessary
If we cannot reach a fair settlement to your claim, we’ll be prepared to take your case to court. We will handle the legal process and file all necessary documentation with the San Diego County courthouse. We’ll present our arguments and evidence to a judge or jury for a court award.
Contingency-Based Legal Representation
We represent clients on a contingency-fee basis. Under this agreement, you pay nothing up front. There are no retainers. We only receive payment if we win a settlement or court award. Our attorney fees are a preapproved percentage of your compensation, ensuring that our goals of a successful resolution are aligned with yours.
If you would like to learn more about your case and how our Escondido motorcycle accident attorneys can help you, call us today. Sargent Law Firm Injury Lawyers is dedicated to helping injured victims like you recover.
The Time to File Your Motorcycle Accident Lawsuit Is Limited
You do have a deadline when seeking compensation for your injuries and losses following your Escondido motorcycle crash. California’s statute of limitations, CCP § 335.1, generally allows you two years in which to file a personal injury lawsuit or wrongful death lawsuit.
Thankfully, most accident cases settle out of court, but part of the reason that they do is your leverage to file a lawsuit. If you miss the statutory deadline to file your lawsuit, the courts will bar your case, the insurance companies will see no need to negotiate with you, and you will be stuck with whatever amount they offer, leaving you to cover the difference.
If you contact us soon enough, we can make sure your lawsuit is filed before the statute of limitations expires. In addition to protecting your rights, early notification can also allow us to collect evidence before it’s lost or destroyed.
It’s free to speak with us and learn the value of your case today.
Call Us NowQuestions You May Have Regarding Your Motorcycle Accident in Escondido
The following are common questions our clients ask:
What Should You Do After the Motorcycle Accident?
You should take the following steps after your accident:
- Ensure Your Safety: If your injuries permit, move your ride or yourself to a safe location. Once you are safe, check for any injuries. The reality, though, is you may be severely injured. Do not risk your health further.
- Call 911: Contact the police and let them know what happened. Tell them where you are and which direction you were traveling. Again, if you cannot do this, ask anyone there who can.
- Exchange Information: Try to collect contact and insurance information from the other driver. If there are any witnesses, ask if they would exchange information.
- Record What You Can: Take pictures of the accident scene, your motorcycle, the other vehicle, and your injuries. While things are fresh in your head, write down what you remember.
- See a Doctor: You should see a doctor as soon as possible. It can be in the emergency room or your primary care. Your doctor’s reports will link your injuries to the accident.
- Follow Your Doctor’s Orders: In addition to seeing your doctor as soon as possible, you need to follow their orders completely. Missing appointments could be used against you when seeking compensation.
Finally, we advise contacting us first before you speak with the insurance company.
How Much Is Your Motorcycle Accident Claim Worth?
No two cases are alike, so the compensation you seek should reflect the injuries and losses you experienced in your accident. Seeking an average settlement from the insurance companies could result in you losing out.
What if the Other Driver Has No Insurance?
California is a fault-based state, so you would file a claim with the at-fault driver’s insurance company. However, if the liable driver has no insurance, you do have options. You can file a claim with your uninsured motorist (UM) policy. Your insurance company must offer your UM coverage, but you may decline the policy in writing. We advise maintaining a UM policy if you ride in Escondido, California.
If you do not have a UM policy, you could use your health insurance to cover your medical bills and still seek compensation through a personal injury lawsuit filed against the at-fault driver.
What Are the Common Causes of Motorcycle Accidents?
Motorcycle accident injuries often result in greater injuries because riders are far less protected than those in motor vehicles, motorcycles weigh much less than most cars and trucks (several hundred pounds versus several thousand pounds, respectively), and many motor vehicle operators simply do not pay as much attention to bikers as they should. Typical causes of accidents with motorcyclists include the following:
- Distracted driving
- Left-turn collisions
- Speeding
- Failure to yield
- Blind spots
- Alcohol or drug use
- Road hazards
Whether the accident was the result of texting while driving, failing to follow traffic signals, or simply misjudging a bike’s location, one thing is certain—injured bikers may be entitled to compensation under California law.
What if You Are Partially to Blame for the Accident?
California follows a pure comparative negligence law, CIV § 1714, which allows injured victims to recover damages even if they were partially negligent. However, their damages will be reduced in proportion to their degree of fault.
It is important to remember that while other drivers may be fully, or partially, responsible for motorcycle accident injuries, other parties could also play a role in the accident and be held liable for your damages. For example, if a government agency having jurisdiction on the road failed to maintain it, such as leaving potholes or allowing traffic signs to be blocked by vegetation, we could determine their portion of fault.
Hiring an experienced Escondido motorcycle accident lawyer who will investigate the accident thoroughly, act as an advocate, and negotiate with insurance companies can make a big difference when it comes to damages and settlement offers.
Rely on Our Escondido Motorcycle Accident Attorneys
If you have been injured in a motorcycle accident, rely on the skill and knowledge of our Escondido motorcycle accident lawyers to obtain the fair compensation you and your family deserve. We can determine the types of damages you may be entitled to receive and stand up for your rights against insurance company lawyers and claims adjusters.
Remember that most insurance companies would rather pay out a quick, low-ball insurance settlement before victims contact an attorney. Do not let that happen to you. Get the facts before signing on any dotted line. Call Sargent Law Firm Injury Lawyers today. Our legal team is ready for your free case consultation.
