FAQs About Motorcycle Accidents

If a negligent driver injured you or someone you love, you can seek compensation for your motorcycle accident. However, pursuing a claim can be stressful and leave victims with more questions than answers during an already difficult time.

The motorcycle accident lawyers with our law firm can guide you. We have answers to common FAQs about motorcycle accidents in California and Idaho.

What Should You Do Immediately After a Motorcycle Accident?

You should do several things immediately following a motorcycle accident to protect your health and claim for compensation:

• Get medical treatment: If you did not receive emergency medical treatment at the accident scene, you should see a doctor about your crash injuries as soon as possible. Once treated, follow your physician’s orders, attend future appointments, and keep a record of your healthcare bills and records.
• Report the accident: If the accident involves injuries or death, you should call an officer to the scene. If no one summoned law enforcement to the crash site, you should report the collision to the local police department, the California Highway Patrol, or the Idaho State Police. The police report will be a vital piece of information in your personal injury claim.
• Document the scene: If you are physically able, collect as much information as possible at the accident scene. Take photographs or cell phone video of the crash site, vehicle damages, and your injury. Note the date, time, location, and road and weather conditions. Get the other involved parties’ names, contact information, and driver’s license and vehicle license plate numbers.
• Consult a lawyer: A personal injury lawyer with our law firm can discuss your options for seeking damages for a motorcycle accident. We can also launch an accident investigation and manage the details of your claim. We offer free initial consultations.

What Kind of Compensation Can You Seek for a Motorcycle Crash?

The amount and type of compensation you can seek for a motorcycle accident will depend on the facts of your case. In general, recoverable damages may include the following:

• Medical expenses: These economic damages include ambulance fees, doctor and hospital bills, surgeries and follow-up procedures, physical therapy, prosthetics, mobility aids, long-term nursing, and life care.
• Lost wages and benefits: Also an economic damage, these include income from missed work and the loss of your future earning capacity if a permanent or disabling injury prevents you from returning to your job.
• Miscellaneous costs: You can seek compensation for any damages related to your care and recovery, including medical travel expenses, medically required home and vehicle modifications, and assistance with household services.
• Pain and suffering: These non-economic damages include monetary compensation for severe and chronic physical pain, disfigurement, scarring, emotional distress, mental anguish, and diminished quality of life.

Who Is Liable for Your Motorcycle Accident Damages?

California and Idaho are at-fault insurance states, meaning drivers must pay for damages if they are found liable for a crash. Both states require that motorists carry auto liability insurance to cover bodily injuries and property damages.

A driver is liable if their negligent action caused the collision. Examples of negligence in a motorcycle accident include:

• Speeding
• Failing to yield the right of way/turning into a motorcycle’s path
• Following or passing a motorcycle too closely
• Running a red light or stop sign
• Driving drunk
• Driving distracted
• Driving recklessly or aggressively

To prove motorcycle accident liability, you must build a case based on evidence, which may include police reports, eyewitness statements, surveillance video, and expert testimony.

What If the Accident Was Your Fault?

If a jury decides you share blame for the accident, it will reduce your compensation.

Idaho follows a modified comparative negligence system. According to Idaho Statutes § 6-801, if an injured party is partially liable, the court will reduce their compensation proportionally. So, if you have $100,000 in damages but are 30 percent at fault, you would receive $70,000. However, you cannot recover any losses if you are 50 percent or more responsible.

California follows a pure comparative negligence model. Under this system, you can seek compensation in proportion to your degree of liability, no matter how much responsibility a jury assigns you, even if it finds you are 99 percent at fault.

Insurance companies know these laws and will consider them when determining settlement offers. Therefore, your degree of liability will affect your claim, even if you do not go to trial.

How Long Do You Have to File a Motorcycle Accident Claim?

Insurance policy deadlines can be short, so you should file claims against the liable driver immediately.

If you must file a personal injury or wrongful death lawsuit to get fair compensation for yourself or a fatally injured loved one, you must do so before the statute of limitations in your state expires. If the deadline passes, the court will likely refuse your suit.

According to CCP § 335.1, you have two years to pursue legal action in California. Idaho Statutes § 5-219 also establishes a two-year window.

Should You Hire a Motorcycle Accident Lawyer?

Getting full and fair compensation after a motorcycle accident is essential to helping you get back on your feet. There are numerous ways working with a motorcycle accident lawyer can help you achieve this goal. While you rest and recover, an attorney with our firm can:

• Investigate the accident and collect evidence to support your case
• Identify liable parties, prove negligence, and pursue claims against all those at fault
• Identify and seek all of your damages
• Prepare and file insurance claims or legal documents
• Manage deadlines
• Communicate with involved parties
• Aggressively negotiate for the maximum compensation possible
• Represent you at trial if necessary

Can You Afford an Attorney?

Many personal injury law firms, including ours, take cases on contingency. With this payment structure, you do not owe us attorney fees unless and until we win your case.

Contact Sargent Law Firm Injury Lawyers

Sargent Law Firm Injury Lawyers has fought for accident victims in California and Idaho for over a decade. We have recovered over $40 million for our clients.

If you have additional questions about motorcycle accidents and your rights after a crash, our motorcycle accident attorneys can assist you. Contact us online or call today for a free consultation. Working with us will cost you nothing upfront or out of pocket.