At The Ledger Law Firm, we are here to assist accident victims who were harmed in a motorcycle accident. Our nationally recognized law firm will be with you each step of the way during your case, which starts with answering your immediate questions about California motorcycle accidents.
Q: What should I do immediately after a motorcycle accident?
A: First and foremost, seek medical attention for your injuries if at all possible. Even if you believe the injuries are minor, it is in your best interests to get medical help. However, if you are physically able, it is also advisable to take accident photographs and obtain contact information of all witnesses and parties to the accident.
Next, obtain a copy of the police report as soon as possible. Again, this is applicable only if you do not need emergency care. Once this information is obtained, visit a medical professional and thoroughly document all injuries.
Q: Should I speak with the insurance company of the driver who I have reason to believe was at fault for the accident?
A: Do not talk to an insurance company without the help of a lawyer. Insurance companies may try to get you to provide a recorded statement or accept a low settlement offer that is harmful to the best interests of your case. Simply put, the insurance company is protecting their business interests, and they are not your friend.
Your attorney will be your ally and legal advocate who conducts an extensive investigation to determine what really happened at the accident scene. Our attorneys at Ledger Law will evaluate your claim and fight for your right to receive compensation that genuinely reflects the value of your legal claim.
Once your case has been thoroughly investigated, only then will your attorney negotiate with the insurance company to get you a fair settlement offer.
Q: I did not wear a helmet at the time of the accident. Can I still receive compensation?
If your injuries were caused by a legally responsible party, failing to comply with a mandatory helmet law will generally not bar you from receiving compensation.
Depending on local or state law, however, failing to wear a helmet may reduce the compensation you are eligible to recover. This can occur if it is proven that failing to wear a helmet made your injuries worse than they would have been had a helmet been worn.
In California, specifically, the state vehicle code requires both motorcycle drivers and passengers to wear a helmet when a motorcycle is operated.
Q: I think I was partially at fault for the accident. Can I receive compensation?
A: Yes. California adheres to a comparative negligence standard that means you will receive compensation based on the proportionate fault of a responsible party. In other words, your compensation will be reduced by the amount you were at fault, but you will still receive compensation so long as another party was also partially or primarily responsible.
Q: Should I get a lawyer after my accident or just sign a settlement offer with the insurance company?
A: Accepting a lowball insurance settlement offer before talking with an attorney is a surefire way to get less money than your claim deserves. A detailed analysis by a Ledger Law attorney is the best way to ensure you have the knowledge needed to make an informed legal decision on the best path toward receiving a fair settlement offer or deserved compensation at trial.