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Quick actions are mandatory if you have been involved in a motorcycle accident. The risk of suffering from a serious or life-threatening injury is always at it’s highest as a motorcyclist.
Our experienced San Diego motorcycle accident lawyers can help you recover:
- Lost wages
- Future Wages
- Damaged property
- Compensation for
- expensive medical bills
All that you need to do is give us a call at (858)260-3026 and we can schedule your free consultation today.
Our exact location is 3262 Rosecrans St San Diego, CA 92110 and we are available 24 hours a day, 7 days a week.
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One Injury Can Change Your Entire Life, But We Can Make Sure We Get You Back On Track With The Compensation You Deserve.
We’re The Best Motorcycle Attorneys in San Diego
Accidents don’t happen to an individual too often, but when they do, things can get ugly….FAST. Call Mova Law Group, Injury Attorneys for a free consultation and case evaluation before speaking to any insurance company. Listed below are the steps you should take after being involved in a wreck.
- Get To Safety: If you are able to, move to a safer area, away from any possible risk.
- Take Photos: If possible, take pictures of both your motorcycle and all vehicles involved.
- Gather Witnesses: Ask any people who have helped you if they are willing to assist you as a witness.
- Seek Medical Attention: Go to the ER as soon as possible. We recommend going via Ambulance, but that is completely up to you. Just make sure that you seek attention for your injuries.
- Call San Diego Injury Attorneys: Our Motorcycle Lawyers are on standby 24 hours a day – 7 days a week.
- Stay Consistent With Medical Appointments: We will schedule appointments with you and a healthcare specialist to evaluate your injuries. It is extremely important that you attend all scheduled appointments. Gaps in treatment rarely convert into a successful case.
If you’re a motorcycle driver, chances are you have everything you need to stay on the roads. However, there are still a large number of riders who don’t have any identification or insurance at all.
According to statistics, in 2015, 13% of motorists didn’t have insurance. If you’re a motorcyclist who doesn’t have insurance or a license and you get into an accident there are several things you should be aware of.
You need to know what kind of motorcycle crash could happen, and what steps you need to take to establish that you’re not the one at fault. Keep reading below to find out more about how to deal with this difficult situation.
Common Causes of Motorcycle Accidents
When it comes to matters like these, it helps to think about the common causes of a motorcycle crash. In terms of motorcyclist errors, it could be due to risky maneuvers, like lane splitting. This is when a motorcyclist rides between lanes of traffic.
This is against the law in some states, but just because it’s illegal it doesn’t necessarily make it the cause of the crash at all times. However, by virtue of law violations, it may increase the percentage of liability. There would need to be an evaluation done to see if lane splitting was the cause of the accident.
Other motorcyclist errors that can lead to a crash include intoxication and speeding. But what leads to most motorcycle crashes involving other vehicles?
How Negligence Impacts A Motorcycle Crash Claim
In most cases, not having a license does not impact liability in an accident. However, some people may argue that riding without a license qualifies as a type of negligence. This relates to the idea that someone without a license lacks the proper training required to avoid an accident.
At the end of the day though, liability comes down to who actually caused the accident. This involves determining who acted in a careless or reckless manner and caused the motorcycle crash.
It’s possible to not have a license and also not be at fault for the crash. You may still receive a citation, but it wouldn’t factor into what caused the collision.
In some cases, no matter what degree of fault there is in an accident, damages can still be rewarded to the culpable person. Even if a person was found 99% responsible, compensation should be available for that one percent of damages suffered.
Can I Get Blamed By The Insurance Company For Not Having A License?
Filling a motorcycle accident claim can be a tedious task. Depending on whether or not you had a valid license at the time of the accident, it can be even more tedious.
The insurer may argue that you were the one at fault during the accident. They may attempt to convince you that not having a valid form of license is indicative of your fault. Therefore, you need to be sure that you present convincing evidence.
This evidence needs to prove that you are less than 51% at fault and that the other driver should take the majority of the blame.
More often than not, motorcycle accidents involving other vehicles tend to be the result of the carelessness of other motorists.
Many times other drivers fail to properly share the road with motorcyclists. Or, poor visibility prevents a driver from seeing the motorcycle. This is especially so in the case of congested traffic.
Drivers who aren’t paying attention to the road can also potentially cause a motorcycle accident. This includes those who are eating, changing music behind the wheel, or using a mobile device.
How To Establish You Are Not At Fault
Depending on where you live, the amount you are at fault may change significantly. To find out about no-fault laws and whether your state has one, California No-Fault Laws.
Other ways to help prove fault in a motorcycle crash include using documentation. This can show how the other party was responsible and prove your innocence in the accident.
This documentation could include witness testimonies, photographs, witness contact information, and notes regarding the other driver’s contact information and insurance company.
These are all very important when it comes to filing a claim against another driver. Filling out an accident report is also a vital component of this process, especially if someone was injured or if the total property damages came to at least $1,500.
However, if law enforcement investigated the accident, the accident report is not required. It’s important that this report is handed in as soon as possible. Usually, transportation departments require them within 72 hours of the accident.
Once this has been filled and mailed to the correct department, you should also go about filing an accident claim. This will help you prove that the other driver is the one who was at fault. To file this claim, contact the other driver’s insurance company and report the accident.
Once you’re done with the accident claim, you’ll present the evidence mentioned above, which could include photos and accident details. This will then be used to establish that the other driver is to blame for the accident that occurred.
Wrapping Up: Handling Your Motorcycle Crash
Have you been injured in your own motorcycle crash where you were not at fault? Do you have no idea what you should do next?
You need to turn to personal injury lawyers who have experience handling motorcycles accidents. They will assist you in making a claim. They can also help prove your injuries are a result of fault by the other driver – even if you didn’t hold a valid motorcycle license at the time of the crash.