Laguna Niguel Motorcycle Accident Lawyer

Even if you wear proper safety gear, follow the traffic laws, and stay aware of your surroundings, there is only so much you can do as a motorcycle rider to reduce the risk of an accident. If another driver cuts you off, forces you into a skid, or collides with you due to their own negligence, there might be no way to avoid a wreck. This can cause significant damage to your bike and extensive physical injuries to both you and any rider onboard with you.

Fortunately, you have the same right as anyone else on the road to file suit over damages sustained in an accident, as well as the right to a reliable personal injury attorney when doing so. A Laguna Niguel motorcycle accident lawyer could provide critical support throughout your case, working to collect evidence, valuate damages, and tirelessly seek fair financial restitution on your behalf.

What Damages Could Be Recoverable?

The purpose of any personal injury claim is to compensate an injured plaintiff for the damages they suffered due to a defendant’s negligent actions. This means is that an injured motorcyclist can demand that the reckless or careless driver who hurt them pay them back financially for every loss caused directly by their crash. Not all of these losses have to have objective and verifiable financial values.

In addition to economic losses like motorbike repairs or replacement, past and future medical bills, and lost income from missed time at work, a Laguna Niguel motorcycle collision lawyer could also help someone seek restitution for non-economic losses like physical pain, emotional anguish, and loss of enjoyment of life due to a long-term disability or disfigurement. Punitive damages might also be available in rare cases, but only if a civil court finds that a defendant engaged in “malice, oppression, or fraud” based on “clear and convincing evidence,” as per California Civil Code § 3294.

Proving Negligence and Avoiding Comparative Fault

Just because a motorcycle accident involved another person does not necessarily mean that other person was legally at fault for the wreck. In order to hold someone financially accountable for a crash based on negligence, the injured plaintiff must show through a preponderance of the evidence that all of the following criteria apply to the defendant:

  • They owed the plaintiff a responsibility to act reasonably around them, known as a duty of care
  • They violated their duty through some reckless, careless, or intentional act or failure to act
  • Their irresponsible behavior directly caused the motorcycle wreck in question
  • The wreck they caused directly resulted in the compensable losses the plaintiff is seeking compensation for

On top of that, successful plaintiffs often must prove that they do not bear any percentage of fault for their own damages, since civil courts can reduce available compensation based on the percentage of total fault they assign to plaintiff. A local motorcycle accident attorney could help collect and present evidence that supports the defendant’s fault and disproves allegations of comparative fault by a plaintiff.

Speak with a Laguna Niguel Motorcycle Accident Attorney About Legal Options

The aftermath of a motorbike wreck is always a chaotic and confusing time, especially if you are dealing with serious injuries and expensive bills related to them. Adding a civil lawsuit to your plate might seem like a lot, but in many situations, it might be the only way for you to stabilize your finances and protect your wellbeing after an accident. A Laguna Niguel motorcycle accident lawyer could examine your circumstances and offer guidance about your potential claim during a private consultation. Call today to schedule yours.