Simi Valley Motorcycle Accident Lawyer
Simi Valley Motorcycle Attorney That Fight For Your Rights
It is an exhilarating experience to ride a motorcycle. They provide a sense of freedom while on the road. However, heavy traffic and unsafe road conditions place bikers at a vulnerable position. Motorcycle riders don’t have the safety of a steel cage that protects other drivers in accidents.
A Simi Valley motorcycle accident lawyer understands the consequences of potential injuries that victims can suffer from because of other motorists’ negligence. The attorneys at the Law Offices of Gary K. Walch are here to help you obtain fair compensation by aggressively fighting for your rights.
Laws Governing Motorcycles in California
California has no statute that states that a person injured in a motorcycle accident has any rights to claim compensation from the at-fault party. Instead, the lawyers will have to turn to the common law. The common law represents a collection of court decisions that form the body of law.
By examining these decisions and using them in their arguments, a Simi Valley motorcycle accident lawyer can strengthen your claim. Courts have identified common law tort of negligence to provide victims with a means of recovering damages from at-fault parties.
Role of Negligence in a Claim
Negligence refers to a person having legal responsibility of protecting another person. If a person fails in carrying out that responsibility which results in the other person getting injured, the person carrying the responsibility will become legally liable. All drivers on the road have a duty of care and responsibility towards the well-being of others. This duty of care extends to passengers, drivers and motorcyclists.
Breaching the Duty of Care
Just because of a motorcycle rider places himself or herself in a vulnerable position, doesn’t excuse the car driver from maintaining their responsibility. The duty of care can be broken by many actions, such as tail-gating, speeding, and texting while driving among others.
Breach can also occur when the driver fails to take an action, which another driver in a similar situation would have. This includes stopping at red lights or not signaling while changing lanes. This breach of duty if resulting in injuries places the other driver in a negligent position. They can be held liable to pay for damages in such a situation. This includes medical bills, lost wages, mental anguish and ambulance trips.
Time Limit for Filing
You should know that under California Law you get a specified period of time for filing an accidental claim. According to the CA Code of Civil Procedure 335.1, all plaintiffs alleging negligence should file their case in court within two years from the date of the accident or when the injuries became apparent.
This time limit is also called the statute of limitations. You may not have a way of recovering damages if you break this rule by delaying. Your motorcycle attorney can help you understand the legal time frames.
Role of a Motorcycle Accident Attorney
Severe injuries can be suffered by a motorcycle rider if they are involved in an accident. It is common for riders to get thrown from the bike due to impact during an accident. This can result in broken bones, harsh road burns and dislocated joints.
Your focus should only be on recovery at this time. However, the defendant’s insurance company will try and pester you by asking for mountains of paperwork. They may even try and get you to sign statements that removes blame from their client. Your motorcycle injury attorney will take steps for protecting your interests against such aggressive insurance companies.
Your lawyer will handle all legal paperwork, gather necessary evidence and submit detailed packages as demanded by the insurance companies. This will be done to negotiate from a strong position. Most insurance companies settle for a fair amount without the need for a trial when facing a tough lawyer.
Simi Valley Motorcycle Accident Lawyer
Ready to get started working with a winning Simi Valley motorcycle accident lawyer? Great! So are we! At Walch Law, we are different than other firms and our approach means more money, a great experience and no delays. We have four decades of experience and a 98%+ success rate winning cases just like yours and we would love to work to get you the most money possible following your Simi Valley motorcycle crash. Fill out our contact us form now to set up your obligation free consulation with Walch Law to get your questions answered, find out how much your case could be worth and more.