Motorcycle accidents are comparatively more severe than other vehicle accidents. Cars, for instance, come equipped with airbags, a sturdy steel frame, and other protective gear that minimize your risk of injuries. Because of the complications from motorcycle accident injuries, passengers have many legal questions. Below we have answered the most commonly asked questions about motorcycle accidents. So, if you are a motorcyclist, keep reading.
1. How long should you be sore after a motorcycle accident?
Some motorcyclists are lucky enough to sustain only a few minor injuries. If you used helmets, goggles, and other protective gear and had a small bike crash, chances are you will sustain only scratches and bruises. This might hurt for a while, but recovery takes 2-3 weeks mostly.
Severe accidents where you get hit by another vehicle and fall on the pavement might cause more serious injuries, such as traumatic brain injury, fractured bones, and internal bleeding. These can take months to heal fully. So, how long you feel sore after a motorcycle accident depends on the severity of the injury.
2. How do you treat motorcycle injuries?
Small scratches and scrapes can be treated at home with basic first aid, but if you are involved in a serious road rash, call 911 and visit the nearest hospital immediately. For road rashes, you need to clean the wound with water and apply an antibiotic ointment. Cover the wound with a bandage and leave it for 2-3 days. Keep an eye out for infection.
3. Will I get compensation if it was partly my fault?
Most motorcyclists do not file a claim thinking they were partly involved in the accident and won’t get compensation. That’s not always true. Your compensation might be reduced depending on who was more at fault. Even if you think you were responsible for the accident, you must hire a motorcycle accident attorney. There is a good chance the other party will also work with a legal representative.
4. What if I was not wearing a helmet during the accident? Can I still get compensation?
California has helmet laws that make it mandatory for each motorcyclist or passenger driving in any motorized vehicle to wear helmets, as the state requires. While you can still file the claim for road rash, know that not wearing a helmet has a negative impact on your case. You are subject to a penalty. Besides, you won’t get the asked compensation. That’s because the state believes you might have sustained fewer and less complicated injuries if you wore the helmet during the accident. It also means that you are believed to be at partial fault. Hence, the amount of compensation you get from the insurance company or the party at fault is reduced by a large percentage.
5. What factors affect the compensation amount I get from a motorcycle accident?
A few important factors that the legal authorities will consider when determining the compensation amount include the severity of injuries sustained from the accident, the party at fault, the proof to support your claim, etc. Your attorney will look into the evidence and other factors to give you an estimate of the compensation.
6. What if the accident occurred because of poor road conditions?
Many motorcycle accidents occur because of road conditions. You must be wondering how you should file a claim and who it must be against if there is no one at fault. Uneven roads, potholes, and other problems in road design make it difficult for car drivers to drive safely. Riding a motorcycle on these roads is even more challenging.
A motorcyclist might lose control and fall. If that happens, the government authorities are responsible for the crash. Or, the construction company that the government hired can be held liable. Either way, filing a claim against motorcycle accidents caused by poor road conditions is complicated. They have their policies and procedures for accident claims. It’s best to hire a professional accident attorney for legal representation.
7. What’s the deadline for filing a motorcycle accident claim in Orange County?
As a general rule, you have two years from the date of the accident to file a lawsuit. But, that’s only for motorcyclists who have sustained a personal injury. You have a much shorter deadline to file a claim if the party at fault is the government entity or the state authorities. You won’t receive compensation if you file a case six months after the accident.
8. Do I need to work with a motorcycle accident attorney to file a claim?
While it may save you a few dollars, not hiring an attorney when filing a claim can cost you thousands of dollars. Insurance companies often delay and reduce compensation when there’s no attorney involved. Having a professional on your side will not only make the process easier, but the accident lawyer guarantees compensation that pays your medical bills in full.
9. Should I accept the settlement offer from the negligent driver’s insurance company?
If you are confident you were not at fault and you have sustained injuries due to another driver’s carelessness, you shouldn’t accept the settlement offered by their insurance company. That’s usually their way of paying you less than what you deserve. If you accept it, you won’t be eligible for future compensation. Always discuss your accident conditions and injuries with an attorney before accepting settlements.
10. What do I do after an accident?
Call 911 or ask someone from the accident scene for help. Do not touch the vehicles involved in the crash or anything that can be used as evidence. If possible, click the pictures of the crash and collect as much evidence as possible. If you are not in good condition, ask someone to capture the videos. Capture everything — from the vehicles to road conditions.
Once you have got medical help, hire the best motorcycle accident attorney in Orange County. Make sure you work with a professional who has experience in handling similar cases. An attorney will assess the case, gather evidence, and help you get maximum compensation for the damages.