Downey Motocycle Accident Lawyer
Motorcycle Accident Attorney in Downey, CA
With a far lower crime rate than neighboring Los Angeles, enjoyable nightlife, and reasonable proximity to beaches, there is much to love about Downey. However, for those who wish to travel the city streets on the back of a motorcycle, it can be dangerous. Most of the hazards to motorcyclists in Downey come in the form of negligent drivers, including those who drive while impaired, fatigued, or distracted.
Motorcyclists are granted the same rights and responsibilities as other roadway users, including the right to seek compensation if they’re injured as a result of another driver’s negligence through California’s personal injury claims process. An experienced Downey motorcycle accident lawyer, like those at Setareh Law, can help provide the guidance you need so you can get the compensation you deserve.
The Downey Motorcycle Accident Claims Process
When a motorcycle accident happens in Downey as a result of a negligent motorist, the rider can seek compensation for the expenses and impacts of their injury first by filing a claim against the at-fault driver’s auto liability insurance policy. If the driver’s insurance provider fails to either pay the claim outright or negotiate an out-of-court settlement with the claimant, they can file the claim as a personal injury lawsuit. This is so the court can decide whether the driver was liable for the accident and how much compensation is owed to the claimant.
Personal injury lawsuits generally must be filed within California’s personal injury statute of limitations, which is two years from the date on which the injury occurred. Meeting this deadline is crucial to the ability of the claimant to obtain compensation for their injury. If you no longer have the right to sue, the insurance company no longer has the legal consequence of an expensive and uncertain trial as a consequence for not compensating the claim.
How a Motorcycle Accident Lawyer Can Help You With Your Claim
A Downey motorcycle accident lawyer can help you figure out multiple aspects of your claim, such as the amount of insurance money that is needed, the severity of your injury, and the presence of permanent disabilities arising from the injury that will impact your future earning capacity. They can also help you protect the value of the claim by performing services such as ensuring your lawsuit is filed within the statute of limitations and managing communication with the at-fault party’s insurer.
Your attorney is responsible for representing the claim during all phases of litigation, by filing and responding to motions, deposing witnesses, attending pre-trial conferences, preparing evidence exhibits, and even preparing to present the case to a judge or jury.
While the majority of motorcycle accident injury claims are settled before they ever appear in court, it is important to have an attorney assist you who has ample experience and a winning record with litigation just in case your case does go to court.
The Type of Compensation You Can Receive After a Motorcycle Accident
The compensation that a Downey motorcycle accident claimant can receive for their injury is referred to in the legal arena as “damages.” Claimants can seek to recover economic damages for the expenses of their accident, including:
- All reasonable medical expenses incurred during the treatment of the injuries sustained in the motorcycle accident.
- Wage loss associated with being too injured to work, and loss of future earning capacity if the injuries sustained in the accident will impact the sufferer’s ability to earn an income.
- Property damage sustained in the accident, such as damage to the motorcycle, helmet, and gear.
Claimants can also seek non-economic damages after a Downey motorcycle accident for the impacts that their injury has had on their quality of life. Commonly claimed impacts include physical pain and suffering, emotional distress, and loss of the enjoyment of life.
What You Must Prove to Have a Successful Motorcycle Accident Claim
In order to have a successful outcome on your Downey motorcycle accident claim, you must be able to show that someone else was responsible for causing the accident. This is done by showing the following elements through evidence and documentation:
- The at-fault party had a duty to take reasonable actions in order to avoid causing physical harm or property damage to others. For motorists, this generally involves driving their vehicles safely and legally on public roadways.
- There was a breach in the duty that the at-fault motorist owed that occurred when they took careless or reckless actions.
- Because of this breach, a motorcycle accident occurred in which you were injured
In addition to providing liability, Downey motorcycle accident claimants must also show proof of the harm they sustained as a result of the liable party’s negligence. This proof often includes medical and motorcycle repair bills, information from the claimant’s employer, and expert testimony of occupational specialists who can speak to the impacts the claimant incurred as a result of their injury.
Motorcycle Accident in Downey? Contact Setareh Law Today For Help
The legal team at Setareh Law understands that motorcyclists often face multiple injuries when a negligent driver causes a motorcycle accident, since motorcyclists don’t have the same protections as those in cars do. An experienced and Spanish-speaking Downey motorcycle accident lawyer from Setareh Law is ready to compassionately provide answers to the legal questions you have about your claim and tell you about the legal services we can provide to assist you.