Motorcycle accidents are among the worst crashes that occur on the national highways, and they are very common in states like California where there are so many motorcycle enthusiasts. Of course, there are also some negative stereotypes associated with bike riders in general, and these assumptions can sometimes present problems when attempting to recover damages for personal injuries and physical property following a collision. Because of the mobility that a motorcycle offers to the operator, the law of vehicular control and comparative negligence can become major points of contention when a settlement is being negotiated.
Many times defending insurance adjusters will especially focus on the potential of an increased comparative negligence percentage at a minimum when a motorcycle accident victim is pursuing damages. And, proof that a rider has been operating in violation of state regulations can be a problem as well. That is why it is essential to have an experienced motorcycle accident attorney when filing a personal injury claim resulting from a wreck.
Comparative negligence is the legal idea that an accident is rarely the complete fault of one individual motorist. Every party in an auto accident is assessed for personal contribution during the adjudication phase, and some damages they may receive is adjusted according to different percentages. The problem is that this is not necessarily a scientific determination and stereotypes can negatively impact some damages a motorcycle accident injury victim may receive in a final damage award, especially when an accident case goes to trial.
Urging a Low Settlement
This potential for reducing the amount of a total payout often means that the insurance adjusters even in obvious respondent negligence claims will make significantly low offers to settle the case. Your motorcycle accident attorney understands this and can fight to ensure all of your rights to damage recovery are considered in a fair settlement. Also, motorcycle accidents also regularly result in very serious long-term injuries as well as death in the most severe of cases. This is why it is never a good decision to attempt handling a motorcycle accident claim personally, as the insurance adjusters are trained professionals who understand when they are dealing with a novice injured party. This is why you need a trained professional in your corner as well because your accident claim may be much more valuable than you realize.
Anyone injured in a bike crash in California should always consult with an attorney because even those injured individuals who are largely responsible for the accident can still receive an equitable settlement under pure comparative negligence model used in California. The quicker the call, the better the chances for an equitable outcome.