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Dana Point Motorcycle Accident Lawyer
Unfortunately, crashes involving motorcycles often result in some of the most devastating accident-related injuries. As a person recovers, these injuries could cause them to miss time at work, even as they incur medical bills and associated costs. As a result, many injured individuals feel distressed and discouraged about the crisis they are facing.
If you or a loved one was harmed in a motorcycle wreck, a Dana Point motorcycle accident lawyer might be able to assist you in seeking compensation for your damages. If someone else’s careless or reckless behavior led to an accident, a dedicated attorney could help to build a claim.
How is Negligence Determined in Dana Point?
Negligence is a legal theory that allows an injured party to request damages from an at-fault party or parties. Generally, there are four essential elements needed to demonstrate negligence: existence of a duty of care, breach of duty, causation of injury, and damages stemming from the injury.
Breach of Duty
Every driver has a duty to behave safely and reasonably towards other people on the roadways. So, if a person breaches this duty—by speeding or ignore road signage, for example—they might be deemed in violation of this duty.
Causation and Damages
Next, the plaintiff must demonstrate that, if not for the defendant’s negligence, an accident would not have occurred. This might be challenging in certain accident cases where there may be numerous circumstances that led to a crash.
Finally, it must be demonstrated that this accident resulted in the plaintiff’s injuries. Needless to say, the process to determine negligence after a motorcycle accident can be complex, meaning that the knowledge and skills of a seasoned attorney could prove to be valuable.
Damages to Recover Following a Motorcycle Wreck
If a plaintiff can prove negligence, they may be entitled to both economic and non-economic damages. Economic losses are the direct and measurable bills that a plaintiff has incurred, such as medical bills and damage to their vehicle or their motorcycle.
Non-economic damages, on the other hand, are more subjective losses. This might include the loss of enjoyment of life, pain and suffering, or mental anguish. An experienced Dana Point motorcycle accident lawyer could help an injured claimant precisely measure and seek compensation for their damages.
What is the Legal Basis for a Motorcycle Crash Claim?
There are three primary parties that a person injured in a motorcycle crash may bring a claim against in Dana Point. These include the motorcyclist’s own insurance company, any at-fault driver’s insurance companies, and the driver themselves.
Under California law, the motorcyclist’s own insurance does not cover damages to the motorcycle. As a result, the motorcyclist would likely have to bring a claim against the other insurance companies or drivers in order to be adequately compensated for all their damages.
Reach Out to a Dana Point Motorcycle Accident Attorney
If you were hurt in a motorcycle crash, it might prove beneficial to reach out to a skilled Dana Point motorcycle accident lawyer to discuss your legal rights and options. By working with a steadfast attorney, you could rest assured knowing that a legal professional is handling every element of your claim, so that you may focus on your recovery.
In California, there is a two-year time limit on most injury claims, as well as a complex and potentially stressful legal process required for filing a claim. Call today to discuss building your claim.