Modesto Motorcycle Accident Lawyers

The Roads Are Getting More Dangerous for Motorcyclists

Motorcycle safety continues to get worse with each passing year. In recent years, a steady increase in motorcyclist fatalities has risen at double the rate of other traffic deaths. For every accident fatality, many more bikers suffer severe injuries in crashes. Their lives may never be the same again, and they may suffer damages from their injuries years into the future.

Different factors contribute to the dangers for motorcyclists. Many roads in the Modesto area are in disrepair due to flooding and other conditions. Road hazards are riskier for motorcyclists than for drivers of larger and heavier vehicles.

Drivers are also becoming more brazen since the COVID-19 pandemic. With empty roads, many drivers drove recklessly without the fear of consequences. Many of these driving behaviors persisted as more and more cars returned to the roads, leading to increased accidents and injuries.

Motorcyclists Often Suffer Severe Injuries in a Crash

Motorcycle accident injuries tend to be more severe than those in a car accident. There is little to protect you from the crash’s impact and making contact with the hard pavement. Even if you wear all the required safety equipment, you face a high statistical chance of injury. You will pay a heavy price for another driver’s carelessness.

Common motorcycle accident injuries can include:

• Broken bones and fractures
• Cuts and lacerations
• Soft tissue injuries
• Organ damage and internal injuries
• Neck and back injuries
• Traumatic brain injuries
• Spinal cord injuries
• Road rash (when your body skids along the pavement, it can cause burn-like injuries that can lead to permanent scarring and disfigurement)

If you have suffered an injury in a motorcycle accident, you should seek medical help immediately. Even if you do not think you were seriously injured, you should still see a doctor to get checked out and treated. Then, you should follow all the medical recommendations and stick with your treatment.

In addition, motorcycle crashes have a much higher fatality rate. Even though motorcycles make up only three percent of the registered vehicles in the United States, they account for 14 percent of motor vehicle fatalities. This rate is triple the proportion of fatalities in motor vehicle crashes. Motorcyclists are 28 times more likely to die in a crash than passenger car drivers.

Whether you suffer injuries in a crash or lose a close loved one, you need a compassionate legal advocate. Contact Silva Injury Law.

Your Legal Process After a Motorcycle Accident Injury

The first step towards a motorcycle accident settlement is proving that someone else was to blame for the accident. In a personal injury case, the relevant legal standard is negligence. Not every accident means that someone is automatically to blame for what happened.

Instead, you need to prove:

• The driver owed you a duty of care
• They failed to uphold the duty of care because they did something unreasonable.
• You suffered an injury.
• You would not have suffered an injury had it not been for the driver’s actions.

How Negligence Works in a Motorcycle Accident

Not everything that a driver does wrong is automatically unreasonable. They need to do something that an ordinary driver would not do.

An ordinary driver:

• Adheres to the speed limit when driving (speeding is the most common cause of motorcycle accidents, as it is a factor in 33 percent of crashes)
• Carefully checks into their blindspot when they change lanes
• Keeps both eyes on the road when driving (not doing things like texting or engaging in other distractions)
• Allows for a safe following distance when there is a motorcycle in the lane ahead of them
• Yields the right of way when it is legally required
• Gets the proper rest before getting behind the wheel

All it takes is one small error to cause serious injury to a motorcyclist. Bikes are much smaller than cars and trucks. Drivers must look carefully into their mirrors and blind spots to see motorcyclists. However, the fact that motorcycles may be harder to see does not take away the driver’s obligation to exercise reasonable care.

Insurance Companies May Point the Finger at You

The last element in the legal test for negligence is where insurance companies try to take advantage of motorcyclists and the perception that their hobby is risky. Insurance companies like to blame motorcyclists for their own accidents, trying to reduce the compensation they need to pay or eliminate their legal obligation. The insurance company may claim that you were being reckless or that you did not have the necessary safety equipment to get itself off the hook for liability.

Even though you are the claimant, your motorcycle accident lawyer may also need to concentrate their efforts on defending you from the insurance company’s allegations.

At Silva Injury Law, we know when and how to push back when the insurance company oversteps its bounds, as they do in many cases.

Your Financial Compensation After a Motorcycle Accident Injury

If you have suffered an injury in an accident, one of your first questions to us in an initial consultation is how much compensation you can get for your accident. We can tell you that your motorcycle accident compensation is tied to the scope and extent of your injuries.

If you can prove that someone else was to blame for your accident injuries, you have a legal right to full compensation for all the damages that you have suffered.

The driver’s insurance company has the legal obligation to pay you up to the full amount of the coverage limits. If that is not enough to pay for your accident injuries, you can file a claim against your own motorcycle insurance policy and seek to hold the driver personally responsible for the rest of your damages (although it is not easy to collect a judgment from a defendant).

How Our Lawyers Help Build Your Motorcycle Accident Claim

First, you must decide the best way to proceed legally. Your first step should be to call one of our motorcycle accident attorneys. We will speak to you about your case and learn more before giving you legal advice.

You may begin by filing a claim against the responsible driver’s insurance policy.

Before you file your claim, you will need evidence that shows:

• The driver should be legally obligated to pay for your injuries because they were negligent
• The extent of your injuries

We Can Build the Evidence Needed to Prove Your Claim

Our attorneys will investigate your accident, gathering evidence that can show that someone else caused the accident, which includes:

• Testimony from other people in the area who saw what happened
• Reviewing the police accident report
• Pictures from the scene of the accident
• Testimony from an accident reconstruction expert
• Video camera footage of the accident

Then, we will work with experts to estimate the damages you can seek in your case. Do not worry about the average motorcycle accident settlement because it has no bearing on your case. We will consider your unique situation and determine the number we ask for in settlement negotiations or a lawsuit.

How We Calculate Your Motorcycle Accident Damages

Your motorcycle accident damages consist of economic and non-economic damages. Economic damages represent the costs from your pocket, either in money you had to pay in accident-related expenses or that you should have earned from your job. Economic damages include medical care and the cost of any other care or assistance that you need.

Non-economic damages pay you for intangible damages. Even though these damages are not visible, they will still have an outsized impact on your life. You can feel physical pain, mental stress, and anguish, both now and in the future. There is plenty of room for disagreement on subjective non-economic damages. The insurance company views these as an opportunity to profit at your expense.

If your loved one died in the crash, California’s Wrongful Death Law allows certain family members to obtain financial compensation for losing a loved one.

We Know Your Case Better Than the Insurance Company

Knowing how much your case is worth before you file the claim is crucial. The insurance company knows the value of your claim, right down to the dollar. Their goal is to come in below that amount when they settle your claim, and they use many tactics against claimants.

At Silva Injury Law, we also know how much you should receive, and we work for you to get it. It may take many months of skillful negotiating, but the insurance company will gradually raise their offer to pay your damages.

If the responsible driver did not have enough insurance, you might need to file a second claim against your own insurance policy. You can expect the same tactics from the company that you thought should be loyal to you. A second claim will make your case more complex, but our experienced attorneys are up to the task.

Contact one of our attorneys as soon as possible after the accident. Many things can happen after your accident that can affect your legal case. If insurance companies besiege you when you are physically injured, you may make mistakes that can cost you money. That is why Silva Injury Law is here—we fight for you.

Contact a Modesto Motorcycle Accident Lawyer Today

Michael Joe Silva,Motorcycle Accident Attorney

The first thing that you need to do to start the legal process is to call a lawyer for your free initial consultation. We will learn about the facts of your case and explain your legal options for financial compensation. It does not cost you anything to speak to a lawyer, and you do not need to pay us anything unless you win your case. The process can take time, so get started today.

You can send us a message online or call us today at (209) 457-0738 for a no-obligation consultation with one of our lawyers.

Testimonial

“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”-Vallerie Rosas

Silva Injury Law – Modesto Office

515 13th St Suite 203
Modesto, CA 953544