According to the National Highway Traffic Safety Administration, motorcyclists in 2015 “were 29 times more likely than passenger car occupants to die in a crash per vehicle mile traveled”. Considering the number of car crashes that happen every day in major cities across the United States, this statistic is disturbing yet not a surprise. Many car and truck and bus drivers are often inattentive and negligently fail to keep a proper lookout for motorcyclists as the car drivers make left turns or make lane changes, or even when they enter an intersection or a roadway where a motorcyclist already has the right of way. However, judges and jurors do not see every motorcycle accident as being the clear fault of the car or truck or bus driver, and these decision makers may be influenced by negative stereotypes against motorcyclists. If you are a motorcyclist who has experienced a traumatic injury from an accident, hiring an experienced motorcycle accident attorney is the best choice for you to make.
A key aspect in ensuring that you receive fair compensation after a motorcycle accident is determining who is liable or at fault for the accident. In San Francisco or any California court, the liable individual could be the driver, bus driver, truck driver, the motorcyclist themselves, or a combination of drivers and other factors. Only if you and your motorcycle accident lawyer can present evidence necessary to prove your claim of liability, will you be able to obtain the amount of compensation that you deserve. Evidence can include things such as pictures of the scene after the accident, photos of the roadway and the vehicles involved, witness testimony and also expert witness testimony. The weight of solid evidence must be on your side if you are to prevail by winning a higher amount of compensation.
Winning at trial or obtaining the best possible settlement before trial is likely when you have an experienced aggressive and creative motorcycle injury attorney who knows how to properly investigate to uncover necessary evidence and how to properly present the evidence to support your compensation claim. A good trial lawyer will also be able to work with the evidence presented by the other side, and to debunk junk science opinions or misconceptions about your motorcyclist client and his or her riding on the day of the collision.
Additional key factors in determining the amount of compensation you will receive are the nature and severity of your injuries and the impact that the injuries have had on your day to day life. If you have suffered injuries that will impact you permanently, your attorney must first calculate your past and future medical costs based on your injuries and the medical opinions of your doctors about your future disability and need for future medical care. Also, your attorney will present evidence to obtain compensation for your past lost wages and future income lost, and an experienced attorney will be able to present your out of pocket losses through gathering all information about your past losses and estimating what your future losses will be. With the help of a motorcycle accident lawyer in San Francisco, you will hopefully overcome prejudice against motorcycle riders and win the compensation that you deserve.
