Getting into any type of accident is a scary experience. It happens out of nowhere and there’s no way for you to be prepared for it. Being in a motorcycle accident is even scarier. You’re out in the open and you’re more likely to get severely injured. You don’t have anything protecting you besides your helmet. Motorcyclists are specifically 8 times more likely to be injured than those operating a vehicle, but 35 more times likely to be killed than those operating a vehicle. The statistics are against you. When you have to go through this tragic accident, there are certain things that you need to know. You should know what damages you may receive. For example, you may receive damages for pain and suffering depending upon the case. You should also know how liability is determined.
Damages you may receive
The two main types of damages are compensatory and general damages. Compensatory damages include things such as loss of income, property damage (your motorcycle damage), and medical expenses. General damages are those damages that are less tangible. It’s harder to put a dollar amount on these damages versus compensatory damages. These damages include pain and suffering. This is typically awarded when the other driver is found to be grossly negligent and purposely vicious in their actions. These costs are harder to determine and can have a wide range. There are certain factors that go into consideration when determining general damages. These factors include how severe and permanent your injuries are, your age, your occupation, and your income level.
How is Liability Determined
A vehicle has hit your motorcycle. Who is liable? In order to determine liability, you must first determine negligence. This is determined by who was acting carelessly at the time of the accident causing the accident to happen. Sometimes both parties can be found partly negligent. Drivers must have a “duty of care” when driving. This means that they must use care with anyone else they may encounter on the road including motorcyclists. It is often the case in these accidents that the driver is held liable. They were negligent and didn’t exercise the use of care with you on your motorcycle. One of the most prominent motorcycle accidents is when drivers try to make a left-hand turn and fail to see the motorcyclist. This accident accounts for 42% of all motorcycle accidents. However, the driver of the vehicle is not always held liable for the injuries. Sometimes it is the motorcyclist’s fault. Often times speeding and the use of alcohol by motorcyclists are the causes of motorcycle crashes.
California is one of the best places to own a motorcycle. It’s cheaper on gas after all and easy to maintain. When you get into an accident on your motorcycle, it can be extremely tragic. Many drivers on the road are negligent and don’t take extra caution when dealing with motorcyclists. You need an attorney who is a motorcycle accident specialist. Make sure you get the compensation you deserve. The Law Offices of Howard Craig Kornberg will fight for you and are here to help. Schedule a free consultation today using this contact form or call us at 310-997-0904 for a free initial consultation.