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Representing Bay Area Clients
In Personal Injury Claims Since 1978

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Representing Bay Area Clients
In Personal Injury Claims Since 1978

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Frequently Asked Questions About Motorcycle Accidents


Frequently Asked Questions About Motorcycle Accidents

Q: I was hit by another vehicle while riding my motorcycle. What should I do?

A: First and most importantly, seek medical attention if you were injured in any way, even if you are not in pain, because it is possible you many not feel pain until a day or two after the accident. If there were witnesses to the accident, get their names and contact information. In addition, take photographs of the accident scene, your injuries and any damage to your motorcycle or other property. Finally, contact an attorney who has experience with personal injury cases, specifically motorcycle accident cases, to discuss your legal options for recovery.

Q: What can I receive for my injuries?

A: Every case is different. The exact type and amount of compensation you might receive depends on the facts of your case. As a general rule, you are entitled to recover damages for: medical bills, lost wages, pain and suffering, future medical expenses, probable loss of wages in the future, property damage, loss of relationship with your spouse and other out-of-pocket expenses due to your injuries.

Q: Is compensation automatic?

A: The types of compensation listed above are not automatically awarded in every case. It is up to you to prove what damages you have incurred, or will incur in the future, and the monetary value of those damages.

Q: How long will my case take?

A: The length of time a case takes depends on a number of factors. A complex case, with several different parties and all with different claims, can take longer to resolve than a relatively simple case, involving one injured party and one party who caused the injury. Many straightforward cases are resolved in less than a year, but it is possible for a case to take much more time to resolve.

Q: I was not wearing a helmet when I was in a motorcycle accident. Does that make a difference?

A: You may bring an action for your injuries even if you were not wearing a helmet, but not wearing a helmet may make a difference in the amount of damages you receive. If not wearing a helmet did not cause or aggravate your injuries (for example, if you were hurt in your legs and wearing a helmet would not have made any difference in your injuries), it probably will not make a difference. Your lawyer will discuss your specific situation with you.

Q: What is comparative negligence?

A: Under the doctrine of comparative negligence, a party who is partially at fault for his or her own injuries can still recover for those injuries from another party whose negligence also contributed to the injuries. Basically, the fault of every party involved is compared, and the amount of compensation awarded to an injured person will be reduced by his or her share, or percentage, of the total fault. Your attorney can tell you whether comparative negligence is relevant to your case.

Q: I was hurt in an accident last week and the other driver’s insurance company has offered to pay me some money. Should I accept it?

A: No. If you accept the check, you may be releasing the other driver from all liability for the accident. You The problem with a quick settlement, such as the one you have been offered here, is that it may take weeks or even months before you know the full extent of your injuries or your losses flowing therefrom.

Q: Do you need a special license to drive a motorcycle?

A: Yes. All 50 states and Washington, D.C. have laws that require motorcyclists to pass a written knowledge test to obtain a license to operate a motorcycle on public roads. The tests and other licensing procedures vary from state to state.

Q: What is the most dangerous type of motorcycle?

A: Historically motorcyclists who drive supersport cycles have the highest driver death rates. Supersport motorcycles are consumer versions of racing motorcycles with lower weight, increased power, fast acceleration and the ability to reach high speeds.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Frequently Asked Questions About Motor Vehicle Accidents

Q: I have been in a motor vehicle accident. Should I go to a doctor?

A: Yes. If you have been injured in a motor vehicle accident, you should see a doctor right away. First, you should see a doctor for your own well-being. You likely will not be able to discern the extent of your injuries yourself. An initially small ache could actually be something significant, but only a doctor can tell you for sure. Furthermore, if you decide to bring a legal claim against the at-fault driver or another party, you will need documentation of your injuries and any treatment you received.

Q: Do I have to go to court if I want to recover monetary damages?

A: It depends. Your case may settle before your attorney even files a formal lawsuit, or it may go all the way to a trial and a jury verdict. The majority of legal actions are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.

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Personal Injury Overview