Your Rights as a Motorcycle Accident Victim in California: A Legal Handbook

Your Rights as a Motorcycle Accident Victim in California: A Legal Handbook

Cruising California’s highways and byways can be an exhilarating experience. With just the wind, two wheels, and your thoughts, many bikers can find peace while riding. Unfortunately, that peace can quickly turn to chaos due to a driver’s negligence. The second your bike hits the pavement, you as the victim of an accident have certain legal rights.

Riverside County riders who’ve had a motorcycle accident can regain their peace of mind by contacting a Murrieta motorcycle accident lawyer to learn what their rights are and what to do next.

Biker’s Legal Rights After an Accident

As you’re probably already well aware, riding on two wheels puts you at risk, especially with the way some folks drive their four-wheeled cages. No matter how cautious and defensive you ride, the carelessness of a car driver could put an end to your relaxing day on the road. Despite being on two wheels and knowing the risks, you have the legal right to sue the driver for your injuries.

Any biker injured due to the recklessness, carelessness, or negligence of another party has the legal right to sue and seek compensation for damages. These damages are not only limited to medical bills but can also include loss of income and pain and suffering. Working with an attorney is the best way to determine any and all recoverable damages to ensure that you receive the maximum compensation.

However, you can lose your legal right to seek compensation if the case isn’t filed within 2 years from the date of the accident. Trying to recover losses after this time has expired will result in having your case rejected by the court.

What To Do After a California Motorcycle Accident

Any motorcycle accident, no matter how minor, can easily cause emotional trauma along with road rash, muscle strains, and even broken bones. To ensure that you don’t do anything to sabotage your motorcycle accident victim lawsuit, it’s crucial to do the following.

Seek Medical Help

Even if you feel you’re okay and think you’ve only suffered some minor bruises, always immediately seek a medical evaluation. Some injuries won’t be immediately apparent due to the shock of the accident and your adrenaline pumping. There’s no benefit in trying to “man up” and walking off your injuries. Not seeking medical help immediately could be used against you as proof that your injuries aren’t severe.

Contact Your Insurance Company

You’ll need to inform your insurance company of the accident. When giving them the details of what happened, do not admit any fault of your own. Tell them what happened but be careful with the words you choose. You don’t want to say anything to them that could even remotely hint that you were partially at fault, even if you weren’t.

Consult With a Personal Injury Attorney

A California personal injury motorcycle accident lawsuit isn’t to be handled without consulting with an attorney. The other party’s insurance company may reach out to you and offer a quick settlement, but this is never to your advantage. What you may think is a quick and easy way to be compensated and put the accident behind you is really the defendant’s insurance company trying to entice you with what are most likely pennies on the dollar.

Be Careful What You Post on Social Media

For as much as you may want to rant on your socials about the accident, doing so could actually damage your case. The defendant’s legal team can use anything you post on social media against you, so it’s recommended to be extremely careful with what you post. If you’re claiming severe injuries and pain, it’s best to not post photos of you out with the guys on a Friday night.

Continue With Your Medical Treatment Plan

Follow your doctor’s or physical therapist’s orders. Don’t miss or put off appointments, medical procedures, or counseling and therapy sessions. Not following your healthcare professional’s treatment plan can provide doubt to the defendant’s legal team that you’ve actually been injured. Ensure that you’re doing everything possible to improve or heal your injuries.

Your Rights as a Motorcycle Accident Victim: The Bottom Line

If you’ve been injured by a careless driver while riding, you have the legal right to file a personal injury lawsuit to recover damages relating to the accident. These damages can be loss of income, medical bills, or those of a more emotional nature.

Consulting with a California personal injury attorney is the best way to receive compensation. Cases like these should never be attempted without legal counsel. The defendant’s insurance company and their legal team could possibly try to cheat you out of what you deserve, so never attempt to negotiate with them without an experienced lawyer of your own.




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