Who Can File a Motorcycle Accident Claim in Sacramento?

It is easy to understand why Sacramento and its surrounding areas are attractive to motorcyclists. The lovely scenery and temperate weather make it an ideal place to ride. No matter how beautiful a riding area is, however, motorcyclists can still experience accidents that bring injuries to themselves or others.

When you are hurt in a motorcycle-involved accident, either as the rider or another person on the road, connect with a Sacramento motorcycle accident lawyer from Triumph Law as soon as possible. You may have grounds to file a motorcycle accident claim and collect compensation for the losses you have suffered.

Filing a Motorcycle Claim in Sacramento

In California, anyone who suffers injuries and damages in a motorcycle accident can file a claim. California follows a pure comparative fault system. Under this system, any injured party can file, no matter how much fault that party may own for the accident.

This means that even someone 99% to blame can file. However, it also means that the total calculated settlement amount will be reduced according to the filer’s percentage of fault. In other words, if the party filing is 40% responsible for the accident, they can only receive 60% (40% less) of the total calculated settlement, according to item 405 of California Civil Jury Instructions (CACI).

Parties Who Might File a Sacramento Motorcycle Accident Claim

Unfortunately, there is plenty of opportunity for injury in a motorcycle-involved accident, which means there are a variety of parties who may file an accident claim.

The Motorcycle Operator

Motorcycle operators are extremely vulnerable to injury in an accident. Their only protection is a helmet, required under California law, and other safety equipment they choose to wear, such as face and eyewear and protective clothing. Upon impact with another vehicle, the road itself, or another obstacle, this protection does not amount to much.

Further, motorcycles are less visible than other vehicles on the road. They are lower to the ground and narrow, easily getting lost in another driver’s blind spot, making them more susceptible to purely accidental collisions.

Another Vehicle Driver

Though they have the advantage of a car body and safety features, other drivers are not immune from injury when involved in motorcycle accidents. Accidents are not always “simple” collisions. A reckless motorcyclist may cause another driver to swerve, leave the roadway, lose control, and crash into another vehicle or even roll over.

While many motorcyclists follow the rules of the road, some speed, drive between lines to get through traffic more quickly, or engage in other unsafe driving behaviors that lead to accidents.

Pedestrians

Pedestrians are even less protected than motorcyclists when involved in motorcycle-involved accidents. Whether hit by the bike, run over, or dragged, they are likely to face serious injuries, as are bicyclists and scooter-riders.

Why Help from a Sacramento Motorcycle Accident Attorney Is Critical

The best course of action is to partner with a motorcycle accident lawyer in Sacramento promptly after being injured in an accident. This way, your attorney can protect you from false accusations of blame and collect evidence to prove the extent of the other driver’s fault.

Remember, your degree of fault affects your settlement amount, so the other party will look for ways to reduce their payout by piling more blame on you.

The insurance adjusters representing the other party will not hesitate to use intimidation, faked kindness, or other methods to coerce you into accepting a low settlement. They may tell you a low offer is the best you can hope for, act sympathetic and present it as generous, or ask you seemingly innocent questions only to twist your words into admissions of fault.

By securing legal representation from Triumph Law quickly, you can avoid speaking to these adjusters and putting your settlement at risk. Your attorney will handle those conversations for you and will not be intimidated or tricked by their tactics. 

File Your Claim on Time

When you have an experienced Sacramento motorcycle accident attorney on your side, you are more likely to settle your claim with the at-fault party out of court. Filing a claim with the court, however, is one way to show the insurance companies you mean business. Your filing may prompt them to make a reasonable offer, but it is also necessary if you should have to take your case to court.

California gives victims a two-year window to file a personal injury claim. This window closes after two years from the date of the accident and is legally called a statute of limitations. Prompt partnership with an attorney ensures you will meet this filing date, sending a message to insurance companies and leaving yourself the option of taking your case to court should those insurance companies refuse to negotiate fairly. 

Get the Settlement You Deserve

Far-reaching consequences follow a motorcycle accident. Your physical injuries inspire a domino effect, leading to medical bills, the inability to work and earn, and emotional suffering. A skilled motorcycle accident attorney in Sacramento will value your losses with precision and fight for a substantial settlement to cover them.

Every settlement amount is different but typically provides coverage for:

• Medical expenses, including future costs
• Lost wages and lost future income and benefits if accident injuries prevent you from returning to work
• Property damaged or lost in the accident
• Other accident-related expenses
• Your physical pain, scarring, or disfigurement
• Emotional suffering and psychological distress
• Damage to your general quality of life

Do not risk underestimating the value of your losses and needs. Trust your attorney to carry out a thorough assessment and fight for what you deserve.

Triumph Law Will Handle Your Claim from Start to Finish

Seeing cases through is what the team at Triumph Law does. We do not give up, and we do not accept low settlements to end a case quickly and avoid going to court. When you partner with a Sacramento motorcycle accident lawyer from our firm, you can trust that your attorney will handle every aspect of your claim and fight for you until justice is served. 

Schedule a free consultation today. We are ready to help.