Outlining a Motorcycle Crash Claim

Almost all motorcycle crash claims end the same way, with an out-of-court settlement. A settlement is a process, not a result. Although this process varies in different cases, it usually goes through three stages. Sometimes the three-stage process is relatively fast and sometimes it takes forever, or at least it seems like it takes forever. Additionally, not all three phases are necessary in all cases. More on that below.

Regardless of how long the settlement process takes, a good Oceanside personal injury lawyer never looks for a quick settlement or an easy way out. In fact, a good lawyer usually avoids a quick settlement, because the first settlement offer is rarely the best one. Only this tenacity ensures that victims receive maximum compensation for their serious injuries.

Building a Claim

Motorcycle crash claims, like all other personal injury claims, are built on solid evidence. This evidence usually includes eyewitness statements, the police accident report, and medical bills. Frequently, an Oceanside personal injury lawyer must supplement these basic kinds of evidence. The police accident report is a good example.

The police report, with its status as an official government document, may be the most important bit of evidence in a motorcycle crash claim. However, this evidence is often incomplete or inaccurate, especially if the victim sustained catastrophic or fatal injuries. In these situations, emergency responders only hear one side of the story.

Attorneys often partner with accident reconstruction professionals to supplement incomplete or inaccurate police reports. These experts painstakingly use seemingly random pieces of evidence to accurately reconstruct the events leading up to a motorcycle accident. Usually, these experts charge nothing upfront for their professional services.

Once a strong foundation is in place, an attorney is well-positioned to negotiate from a position of strength as the motorcycle crash claim moves to the next stage.

Insurance Claim

This next stage is usually a claim against the tortfeasor’s (negligent driver’s) insurance company. These claims usually focus on two areas: liability and damages.

Liability is legal responsibility for injury. Liability is often different than fault. For example, if Bill the motorcycle rider broadsides Jenny the car driver as she’s turning left, an investigator may rule that Bill was at fault. However, upon further review, Jenny is most likely legally responsible for that left-turn crash.

Damages is the amount of compensation the victim is entitled to. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Insurance company lawyers often disallow medical bills for obscure reasons. The extent of the victim’s pain and suffering may be an issue as well.

Unless these two issues are crystal clear, and they usually aren’t, most motorcycle crash claims proceed to the third and final stage.

Legal Claim

After an Oceanside personal injury lawyer files a legal claim, insurance company lawyers typically file procedural motions that create obstacles to compensation. If the legal team diligently collected evidence, tried to settle the claim before filing suit, and otherwise did everything right, these motions almost always fail.

Litigation isn’t just a delay. It’s also an opportunity to obtain additional compensation. Smoking gun evidence, such as critical eyewitness testimony, often comes to light during litigation.

Additionally, if informal settlement negotiations stall or break down and the case goes to litigation, the judge usually appoints a mediator. A mediator supervises settlement negotiations and ensures that both sides negotiate in good faith. Making a low-ball offer is not a good faith negotiation tactic. Largely because of this additional duty, civil mediation is usually successful in California motorcycle accident cases.

Count on a Savvy San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.