California can be a motorcyclist’s paradise with scenic, winding drives and perfect year-round temperatures. It can also be a dangerous place to ride with distracted drivers in a hurry to get to their next destination. Motorcycle accident injuries can be severe and life changing.
You deserve compensation if you were injured in a motorcycle accident due to a careless driver. A Santa Monica motorcycle accident lawyer at Greenberg Gross is prepared to fight for you.
The Dangers Faced in Motorcycle Accidents
Motorcycles present a greater risk of significant injury due to their size and configuration. While an automobile has a shell to protect occupants, on a bike, you have only the gear you are wearing. Coupled with the smaller size of motorcycles, the risks on the road from other vehicles increase exponentially. Some of those risks can include the following:
- Poorly maintained roadways
- Inattentive and distracted drivers
- Inexperienced motorcyclists and vehicle operators
- Drug and alcohol use
- Excessive speed
- Lane changing/weaving in and out of traffic
- Following too closely
Riders and their passengers should always remain aware of these dangers. They should wear proper protective gear, including helmets, and operate according to the roadway rules.
Equipment failure can create additional problems for motorcycle riders, so it is essential to maintain your bike properly. Pay attention to manufacturer defects and recall notices for your make and model. Ensure your tire pressure is accurate and that your tires are in good shape. Unfortunately, even when taking every possible precaution, you can still sustain injuries from the negligence of other drivers.
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Types of Injuries Common in Motorcycle Accidents
The National Highway Traffic Safety Administration (NHTSA) provides tips for motorcycle safety and responsible riding. The Centers for Disease Control and Prevention (CDC) also monitors motorcycle injury statistics and provides safety information for motorcyclists. Some of the common injuries from motorcycle accidents include:
- Traumatic brain injury (TBI) and other head trauma
- Spinal trauma, including paralysis
- Broken bones
- Bruises, sprains, and strains
- Road rash
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Compensation for Your Injuries
When you are injured due to another driver, you should receive compensation for your injuries. There are two main categories for compensation – economic and non-economic damages.
Economic damages center around the expenses you incurred due to the accident. These are bills you would not have if the accident had never happened. Non-economic damages involve non-monetary compensation for injury-related problems and life-altering circumstances resulting from the accident.
Recovering Your Expenses
Our Santa Monica motorcycle accident team’s first goal is to help you recover your expenses and losses. Recoverable costs and losses include:
- Medical expenses, which include treatment for all accident-related injuries. This can involve ambulance transportation, emergency room treatment, surgeries, medications, prosthetic and medical devices, follow-up care, physical therapy, and home modifications if necessary. Ongoing or future care is also in this grouping.
- Lost wages, which occur when you cannot perform your regular job at the same level as before the accident. This compensation can include lost commissions, bonuses, missed promotions, and other benefits you missed due to your injuries. If you are required to take a lower-paying job after recovery, job retraining and the difference in your wages can be requested as a compensable loss.
- Property damage, which includes repairing or replacing your motorcycle and any equipment installed. If you had a laptop, cellular phone, or other electronics at the time of the accident, those would also be counted as losses and reimbursable.
To determine the total amount recoverable, our team will compile your current bills, evaluate continuing medical needs, and determine the amount of loss you incurred from the accident. We will also request compensation for damages that didn’t cost money but placed an emotional toll on the rest of your life.
Additional Compensation
In addition to recovering costs, you could receive compensation for other types of non-physical injury, including:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Emotional trauma
- Lower quality of life
These damages don’t have a direct monetary equivalent. But, they can be recovered to make life after an accident easier.
Wrongful Death
In many cases, motorcycle accidents can be fatal. If you lost a family member, please allow us to express our condolences. We cannot return your family member, but we can work with you to lessen the impact of their passing. Some of the compensation we can fight for on behalf of your family includes:
- Funeral and burial costs
- Final medical expenses for life-saving measures
- Loss of familial financial support
- Loss of consortium and companionship
Your family should not worry about financial hardship after losing a loved one.
Proving Negligence After a Santa Monica Motorcycle Crash
The key to any accident injury claim is proving the other party was at fault or negligent. To prove negligence, your lawyer must establish the four elements of negligence:
- Duty of Care
- Breach of the Duty
- Causation
- Damages
Duty of care is the responsibility of every driver to adhere to the rules of the road. A driver breaches that duty when they disobey laws, such as speeding or driving recklessly. If the result of their breach causes an accident, the result of the accident includes damages to all affected parties.
During an evaluation of your case, our Santa Monica motorcycle accident lawyer will determine if the four elements of negligence exist. From there, they can proceed to build a strong case for you. Your lawyer will stick by your side through the entire process, from initial filing to final resolution.
They will use everything available to support your case, including the police report, medical records, doctors’ notes, and the prognosis for your recovery.
Work with Our Dedicated Lawyers
If you are ready to discuss your accident with us, don’t hesitate to contact Greenberg Gross for your free case evaluation. Refrain from allowing the prospect of attorney fees to stop you from making your free inquiry. Our team will work on your Los Angeles County case with no upfront or out-of-pocket fees. This truly is a no-risk venture for you to get on the road to your recovery – physically and financially.
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