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Riding a motorcycle through Carlsbad is both exciting and exhilarating, with—to cite just one example—Pacific Avenue offering great views of County Park, Tide Beach, and Fletcher Cove. While this makes Carlsbad a great place to join others who love motorcycles, our city sees its share of motorcycle accident injuries.
If you or a loved one are in a Carlsbad motorcycle accident, place your initial focus on managing any injuries that you or your loved one sustained. Once you have dealt with these immediate, pressing needs, you may begin to wonder how you will handle the financial and medical consequences of the accident.
If you were injured in a Carlsbad motorcycle accident because of the negligence of another party, you can receive compensation for your injuries and other damages that you sustained. The Carlsbad motorcycle accident lawyers at Gomez Trial Attorneys are experienced in securing positive results for their clients. Contact us at (619) 237-3490 or through our website for a free case evaluation with one of our Carlsbad motorcycle accident lawyers.
The Carlsbad personal injury lawyers at Gomez Trial Attorneys fight for results in complicated and high profile cases. The firm’s attorneys have collected over $750 million in verdicts and settlements over the last fifteen years. Among these results are numerous motorcycle injury accidents, including a $2.5 million settlement for a motorcycle accident.
Case results merely represent the firm’s strong history of success. While there is no guarantee of recovery for your case, our attorneys work with each client to understand all the facts and evidence of the case, including analysis of the cause of the accident, visits to the site, reviewing witness statements, and analyzing the strength of the evidence against the other party.
California is home to over 800,000 registered motorcycles, making it the state with the highest number of registered motorcycles by over 250,000. Carlsbad alone has seen as many as nine motorcycle accident collisions in one year. That may seem like a small number, but our city barely cracks 13,000 persons in the Census.
Motorcycles come with risk factors that increase the likelihood of an accident and that the accident will result in serious injuries. Consider the following:
The danger associated with motorcycles is clear from the fact that fatalities and injuries are much more likely to occur from a motorcycle crash as opposed to a crash between passenger vehicles. Indeed, the data shows that 86 percent of motorcycle crashes result in a fatality or injury and that motorcyclists are 29 times more likely to suffer fatal injuries than passengers in a car. In one recent year, California experienced 488 motorcycle fatalities.
In addition to the increased likelihood of a fatality, nearly half of motorcycle crashes result in more than a minor injury. This increased severity of injuries is because motorcycles do not protect occupants in the same ways that passenger vehicles do. Without a protective frame, airbags, seatbelts, or advanced safety technology, motorcycle riders face intense exposure. Protective gear can help reduce the risk of injury, but it will never be as protective as riding in a car.
The following injuries are common after a motorcycle accident:
Motorcycle injuries are often severe and necessitate serious medical intervention or long-term rehabilitation. Managing serious injuries often causes a victim to endure significant financial, physical, and emotional burdens.
Dealing with injuries after a motorcycle accident is stressful regardless of the circumstances, but it can be especially stressful when another party was responsible for the accident. It is important to understand which parties’ negligence or intentional acts contributed to your injuries. Determining fault is a complicated evaluation, often requiring an analysis of all the facts and evidence available.
Many parties may face liability for a motorcycle accident, depending on the facts of each accident.
If a motorcycle accident involved a collision with another vehicle, or if the motorcycle driver had to take action to avoid another vehicle, the other driver may face responsibility. If the other driver acted negligently in a way that caused the accident, the driver and his or her insurance company are obligated to compensate you for your injuries.
Actions that injured individuals often point to when establishing negligence include speeding, failure to heed traffic signals, failure to check a blind spot, driving while distracted, and driving while under the influence. This list is not exhaustive, and a lawyer will help you determine whether there is evidence of negligence in your case.
Because of their smaller size and reduced stability, motorcycles are more likely to get into an accident when roads are poorly maintained. If the local government has failed to keep roads up to standard, the injured individual may pursue compensation from the government.
It is, however, much more complicated to recover damages from governmental entities than from a private party. They are often protected from lawsuits and require that claimants follow strict processes. A Carlsbad motorcycle accident attorney at Gomez Trial Attorneys can help you understand your rights and navigate recovery.
If any vehicle involved in an accident suffered from a manufacturing malfunction that contributed to the accident, the manufacturer may face responsibility for any resulting injuries and/or property damage.
Common malfunctions that cause accidents include the following:
Uncovering vehicle manufacturing errors generally requires consultation with experts. The legal team at Gomez Trial Attorneys often works with experts in this area and can facilitate expert review of a case where appropriate.
Once you have established that another party’s negligence or intentional act caused your accident and your injuries, you are entitled to recovery for the damages that you’ve suffered as a result of the accident. It is important to compile a comprehensive damages assessment to ensure that you are fully compensated for your suffering.
Consider whether any of the following damages apply to you:
A Carlsbad motorcycle accident attorney can help you prepare a strategy for pursuing damages, including working with the negligent party’s insurance company or pursuing the negligent party directly, either through a lawsuit or a request for settlement.
Your Carlsbad motorcycle accident lawyer may need to employ a combination of these strategies when the damages claim exceeds the insurance limits of the defendant or if the insurance company denies recovery. Commonly, the defendant will propose a settlement offer far below what the victim deserves. Work with our Carlsbad motorcycle accident attorneys to ensure that you receive a fair settlement offer before accepting it.
With beautiful weather year-round and plenty of sights to see, Carlsbad is an enjoyable place for people to ride their motorcycles. However, along with the freedom of the open road, motorcycles also pose a risk of serious injury to the rider if they’re involved in an accident.
If you were injured or have lost a loved one in a motorcycle accident that was caused by the careless or reckless actions of a motorist, you likely have questions about the process of obtaining compensation to pay for the expenses and profound impacts that your injury has introduced to your life. Below are the answers to some of the questions our Carlsbad clients most frequently ask about motorcycle accidents.
Those who have been injured in a motorcycle accident that was the result of someone else’s careless or reckless actions can recover damages through a Carlsbad motorcycle accident lawsuit filed in civil court.
The claim seeks to address two issues:
California law allows the recovery of both economic and non-economic damages. Economic damages, also known as pecuniary damages, are actual out-of-pocket expenses that you have incurred because of your injuries.
Examples of economic damages include:
Non-economic damages, also known as non-pecuniary damages, refer to the impacts on your life that your injuries have caused.
These are the damages that cost you your peace and comfort, and include:
Your case value is the amount of damages you ask the liable party to pay in your legal claim.
Your attorney calculates the value of your case in the following steps:
Liability is established by proving the following elements:
California law requires that all riders and their passengers wear a helmet any time they ride their motorcycle on the state’s roadways. This does not mean, however, that you can not pursue a claim for damages following injuries in an accident. Speak with a Carlsbad motorcycle accident lawyer to learn more about what to expect if you are considering pursuing a claim.
Not necessarily. In fact, the vast majority of Carlsbad motorcycle accident cases resolve before a trial begins, many through the settlement process. The settlement process involves negotiations between your attorney and the at-fault party (or their insurance company) to agree upon a payout in your case that both sides can agree on to prevent the time and expense involved in litigation.
Each motorcycle accident is settled on its own unique merits, based on the severity of the injury and the level of carelessness or recklessness involved. Because of this, there is no average settlement.
There are, however, facts of your case that can affect its value, including:
No. According to the Internal Revenue Service, accident settlements and awards involving motorcycle accidents are not considered income and are, therefore, not taxable.
The exception to this rule involves punitive damages. Punitive damages are sometimes awarded in cases where the defendant’s behavior was extremely reckless. The damages are unrelated to the expenses and impacts suffered by the claimant, but rather are awarded in court to punish the defendant and to discourage him or her from displaying such reckless actions in the future. Because these damages are unrelated to the injury itself, they can be considered income and are subject to tax.
Additionally, if you claimed your medical expenses as an exemption and then subsequently received a settlement or award that includes the recovery of medical expenses, you will likely be expected to pay back the portion you previously claimed as an exemption.
Yes, but you will use a slightly different process, known as a wrongful death lawsuit. Like personal injury lawsuits, wrongful death lawsuits are legal claims filed in civil court against the party who caused the accident that resulted in your spouse’s death. Those who are eligible to file wrongful death claims in California include the decedent’s spouse, domestic partner, or children.
The damages that can be pursued in such a claim include:
In California, most motorcycle accident lawsuits carry a statute of limitations of two years from the date the injury or death occurred. There are exceptions in some circumstances. Your attorney will advise you if there is an exception in your case.
You can hire a lawyer at Gomez Trial Attorneys, and yes, you really need our help with your motorcycle accident case. The legal process of pursuing compensation after an injury or the loss of a loved one is a complex one that occurs at a particularly stressful time. Your attorney can provide valuable services to assist you in recovering damages related to your injury.
Some of those services include:
Fortunately, most motorcycle accident attorneys provide a free case evaluation, which is a time for those who have been injured to learn more about the firm and get answers to their legal questions.
Additionally, our attorneys work on a contingent fee. This means that you will not pay for your attorney’s services unless we secure a successful outcome in your case, and we only accept a portion of any settlement or award we help to obtain.
The combination of these two services ensures that anyone who needs our motorcycle accident attorneys in Carlsbad can afford one, regardless of their financial situation.
If you were injured or lost a loved one as the result of a motorcycle accident in Carlsbad that was caused by a careless driver, you already have a lot to deal with. However, learning how to appropriately fight for your right to compensation for the expenses and difficulties you face because of your injuries doesn’t have to be included on that list, because the experienced Carlsbad motorcycle accident lawyers at Gomez Trial Attorneys can help. Let us explain your legal options. For a free case review, contact us now.
The party accused of fault is likely to try to deny responsibility for the accident and to discredit the victim’s damages claim. The defendant and his or her insurance provider will likely claim that the victim was at fault or that he or she doesn’t have sufficient proof of damages.
To ensure your case is as strong as possible, be sure to follow these steps:
Pursuing recovery is daunting, particularly on top of dealing with your injuries and trying to return to normal life. You should contact an experienced Carlsbad motorcycle accident attorney to assist you through the process. Retaining an attorney is one of the most important steps you can take to relieve stress and increase your odds of maximizing your compensation.
The Carlsbad motorcycle accident lawyers at Gomez Trial Attorneys focus on supporting and advocating for our clients. Our team’s dedication to client outcomes has secured accolades for our attorneys, like Super Lawyers and Lawyer of the Year awards nationally and in our home state. We work with our clients to understand the unique aspects of their Carlsbad motorcycle accident cases to develop comprehensive strategies that meet our clients’ financial and emotional needs.
No Fees Unless We Recover Money On Your Behalf