How Does a Lawyer Settle a Motorcycle Accident Claim?
Most motorcycle accident claims eventually settle out of court. However, in most cases “eventually” is a rather long time.
For victim/plaintiffs, settlements are usually better resolutions than court verdicts, mostly because a settlement is a final resolution. When insurance companies settle motorcycle accident cases, they immediately write checks. But when insurance companies lose court verdicts, they usually appeal them as much as possible.
So, a good San Marcos personal injury lawyer typically has a settlement-first mentality, not only because settlements benefit victims, but also because lawyers almost always try the direct and less-expensive approach first.
However, a large settlement doesn’t appear out of thin air, and a lawyer cannot simply show up at settlement negotiations and hope for the best. In fact, the opposite is true. The settlement preparation process mirrors the trial preparation process in many ways. Only this deliberate approach ensures maximum compensation for serious injuries.
Determining the Cause of the Accident
Most San Marcos personal injury attorneys initially work with initial reports and witness statements to determine the cause of a motorcycle accident. However, this evidence is frequently incomplete or inaccurate.
Before emergency responders officially determine the cause of a traffic accident, they usually speak with both drivers involved. But this approach is usually impossible in motorcycle crash claims. Usually, these victims are too seriously injured to speak with responders at the scene. So, the “official report” is simply the tortfeasor’s (negligent driver’s) side of the story.
Furthermore, accident witnesses are often in short supply. For various reasons, most people don’t loiter at accident scenes, so they may give official statements to police officers.
Therefore, to determine the cause of the accident and whether compensation is available, an attorney must normally dig deeper.
Electronic evidence plays a big role in this part of the process. Most vehicles have “black box” data recorders that track and store information like:
- Vehicle speed,
- Engine RPM,
- Brake application, and
- Steering angle.
An attorney often partners with an accident reconstruction professional to use this information to develop an alternative causation theory.
Additional witnesses may be important as well. If the accident occurred at an intersection during daytime, someone almost certainly saw or heard something. Even if that witness only saw part of the collision, the witness may provide the critical missing piece of the puzzle needed.
Assessing Damages
To assess damages, most attorneys focus on property loss, medical bills, and lost income, the primary out-of-pocket losses in these cases.
A motorcycle is basically a frame, engine, and gas tank. As a result, even seemingly minor collisions usually destroy motorcycles. The victim is entitled to the replacement value, which may exceed the bike’s financial value. Additionally, a bike usually has an emotional value which, in many cases, exceeds its financial value.
Medical bills often only include clinical diagnosis and treatment information. To determine the victim’s pain level, and also the amount of possible future medical expenses, most attorneys partner with medical experts.
Just like a settlement must cover prior and future medical expenses, a settlement must also account for prior and future lost wages and/or lost productivity.
With all this evidence in hand, a San Marcos personal injury lawyer can negotiate from a position of strength. If the lawyer takes shortcuts during the preparation process, the victim usually pays the price, in the form of a lower settlement.
Reach Out to a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, after-hours, and hospital visits are available.
