What Do I Do if I Have Been in a Motorcycle Accident?
Our Motorcycle Accident Lawyer Explains Your Rights
The National Highway Traffic Safety Administration states that 11 percent of all vehicle accidents in the United States involve motorcycles. If you have been hurt in a motorcycle accident and are wondering about your options for legal action, then San Diego motorcycle accident lawyer Frederick M. Dudek is here to answer the most frequent questions he receives from injured motorcyclists and their families.
Frequently Asked Questions About Motorcycle Crashes
- What counts as a motorcycle accident in which I would need legal representation?
- I was in a motorcycle accident. What should I do?
- How long do I have to make a claim?
- What kind of compensation could I recover?
- Will I have to go to a trial?
- What if I cannot afford an attorney?
What counts as a motorcycle accident in which I would need legal representation?
Any kind of accident on a public roadway that involves the driver or passenger of a motorcycle can be considered a motorcycle accident. In any accident where you have suffered injury or property damage, you should speak with a qualified personal injury lawyer before speaking to any other party’s insurance company.
I was in a motorcycle accident. What should I do?
Your immediate priority should be seeking medical attention. Some injuries may not be readily apparent after the accident and could even take weeks or months to develop.
Afterwards, you should begin collecting information related to the motorcycle crash. Hopefully you already have the other driver’s contact information, but you should also gather together the police report of the accident, hospital records, witness contact information and any observations you made about the time, place or road conditions when your accident took place. If anyone was injured or if property damage was $750 or more, then you must file a report (SR-1) with the California Department of Motor Vehicles, within 10 days.
If you want to explore your legal options, then you should contact our San Diego personal injury law firm.
How long do I have to make a claim?
California motorcycle laws state you have up to two years to make a claim of injury against the responsible party. However, the longer you wait to contact a motorcycle accident attorney, the more difficult it will be to win compensation for your injuries. Memories can fade, evidence can disappear, witnesses might no longer be in contact if you wait to speak to an attorney.
Also, some accidents have much shorter time deadlines. For example, if a motorcycle crash involves a government vehicle or employee, it may be necessary to file a formal, written claim within six months, in order to protect your rights.
What kind of compensation could I recover?
Depending on the circumstances of your case, you might be able to recover compensation for your pain, suffering, medical costs, rehabilitation expenses and the loss of enjoyment of your life. If your spouse or family also suffered due to your injuries, they may be entitled to additional compensation based on their own hardships. San Diego personal injury attorney Frederick M. Dudek can work with you to determine what might be attainable through legal action.
Will I have to go to a trial?
You can settle many personal injury cases out of court or through mediation. However, if the negligent driver that caused your injuries will not settle, then the case will proceed to a trial. Your motorcycle accident attorney should keep in close contact, keeping you fully informed of the progress of your case. He or she will also offer legal advice as to whether a settlement offer is in your best interest.
What if I cannot afford an attorney?
Personal injury attorney Frederick M. Dudek is usually able to work on a contingency fee basis, which means that you pay no attorney fees unless we win your case and you get compensation from the party responsible for your injuries. We understand that motorcycle accidents can cause catastrophic injuries that overwhelm the finances of most families, which is why we do not charge attorney fees until we have secured a settlement or verdict in your favor. Before you retain the Dudek Law Firm APC, we will explain each detail of our attorney fee agreement in full. We do not charge for an initial consultation.
Contact a Motorcycle Accident Lawyer for Answers to Your Questions Today
There is no need to accept the suffering brought upon by a motorcycle wreck. Contact our office today to take the first steps towards getting justice and compensation for your injuries.