Best Motorcycle Accident Lawyers in Escondido

FAQs

• What is the non-emergency contact number for the local police station in Escondido, California?

  For non-emergency calls, dial +1 760-839-4722 to reach the Escondido Police Department.

• Where can you get a copy of the police report for the accident in Escondido, California?

  You may obtain a copy of an accident report online by completing a request on the official website of the Escondido Police Department, under the Police Records Center: https://policeescondidoca.govqa.us/WEBAPP/_rs/(S(5hjh3d2yvudebuygq0tzn3z0))/RequestLogin.aspx.

• Do all motorcycle accident cases in Escondido, CA, go to trial?

  No, many motorcycle accident cases in Escondido are resolved without going through the formal process of filing a lawsuit and potentially going to trial. Settlements are often reached between parties before going to court. However, it is still advisable to seek legal assistance to know your options in dealing with your case.

• What are the reasons why you should hire a personal injury attorney in Escondido, CA?

  While many motorcycle accident cases in Escondido don’t go to trial, you may opt to enlist the help of a personal injury attorney if you are caught up in the following scenarios:

  -When the liability is shared between you and the other party -You are unsure about how much your claim is worth -You are not capable of negotiating for yourself -You have been offered by the insurance company a settlement that is below what you think your claim is worth -You have been asked to provide medical records from prior to the accident -You have been offered a structured settlement rather than a lump sum payment -It is difficult to prove the value of your lost income

• At what age can a child ride on the back of a motorcycle in Escondido, CA?

  There is no existing age requirement for a child to ride on the back of a motorcycle in Escondido and the rest of California. However, a height requirement applies before a child is allowed to ride on a motorcycle. The child must be, at least, four feet, eight inches tall for them to legally ride on the back of a motorcycle with an adult. This is the same height requirement for children who no longer have to sit in a car seat while in a vehicle.

• How is fault determined after a motorcycle accident is Escondido, CA?

  Escondido follows California’s comparative negligence law, which states that injured victims are allowed to recover damages even if they partly share the blame for the accident. However, the amount that they are to receive will be reduced in proportion to the degree of their fault. Additionally, if the plaintiff’s percentage of fault is found to be 50% or more, they cannot recover damages.

• How much time do you have to file a motorcycle accident claim in Escondido, CA?

  Under the statute of limitations of California, you have two years from the date of the motorcycle accident to file a lawsuit in Escondido, should you decide to take civil action against the negligent party. If you miss this deadline, it is possible that the court will refuse to hear your case and automatically dismiss your case, thus losing any chance at recovering damages.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.