In 2021, over 80,000 motorcyclists were injured nationwide. In https://www.sandiego.gov/, motorcycle fatalities rose from 47 in 2019 to 51 in 2023. With riders 28 times more likely to die and 4 times more likely to be injured than other motorists, the risks are clear. If you’ve been in a motorcycle accident, consult a skilled motorcycle accident lawyer to protect your rights and seek compensation.
If you have been in a motorcycle accident that was not your fault and suffered injuries or property damage, you likely have grounds to pursue legal action. An experienced personal injury lawyer can analyze the details of your case to determine if you should file a lawsuit. This article provides tips on what to do if you find yourself part of a motorcycle accident lawsuit as a rider in San Diego.
Gather Evidence from the Accident Scene
If you are physically able, gather as much evidence as you can from the accident scene. Take photos of damage to vehicles, skid marks on the road, weather conditions, and anything else that could be relevant. Get contact details of any witnesses. If you are seriously injured, focus on seeking medical attention and provide details to first responders. The police report will also contain useful evidence.
Follow Up Quickly on Medical Care
Even if you feel fine immediately after the accident, get checked out by a doctor. Symptoms of some injuries can take time to appear. Having prompt medical documentation of your condition will help support your case. Be sure to follow all your doctor’s recommendations for treatment and therapy. Keep records of all medical expenses, lost wages from missed work, and other costs related to the accident.
Consult with a Motorcycle Accident Attorney
An experienced lawyer familiar with motorcycle accident lawsuits will be an invaluable ally. They can conduct a detailed investigation into the accident, determine who is at fault, calculate damages, and file paperwork to initiate a lawsuit on your behalf.
A lawyer can also negotiate with insurance companies to help secure a fair settlement.
Decide Whether to Settle Out of Court
Most motorcycle accident lawsuits are settled before reaching trial—around 96% in fact. Your lawyer will advise if a settlement offer seems reasonable based on factors like liability, verifiable damages, and willingness of the other party to negotiate. Settlements avoid lengthy trials but also forgo the possibility of bigger jury awards later. Your attorney can counsel you on the pros and cons of settling versus going to trial.
Be Ready for Trial If Necessary
Should your motorcycle accident lawsuit go to trial, your lawyer will handle the complicated legal procedures. But you need to be prepared to testify about what happened. Going through a trial can be stressful and time-consuming. However, it gives you the chance to present your case in full and let a jury decide appropriate compensation. Talk to your attorney about what to expect during a trial and how to present your story effectively.
Dealing with a motorcycle accident lawsuit can be a difficult process, especially on top of coping with injuries. Take it step-by-step and lean on your lawyer for guidance. With persistence and patience, you can work toward a fair outcome. Safe riding out there on the roads of San Diego!
