Your Dependable Motorcycle Accident Lawyer Serving California and Wisconsin
Few experiences in life compare to riding a motorcycle on a warm day and feeling the wind on your back. As a motorcyclist, you have the right to share the road with passenger vehicles and enjoy a safe ride. Unfortunately, motorcycle accidents are all too common across the U.S., including in California and Wisconsin.
Kent | Pincin is your trusted motorcycle accident law firm, helping you seek compensation to recover from this tragic event. Contact our motorcycle accident lawyers today to schedule a consultation.
Common Causes of Motorcycle Accidents
Motorcycle riders are used to sharing the road with much larger vehicles. However, drivers of passenger vehicles often do not exert the necessary caution around motorcyclists. Even one small collision can produce devastating injuries in vulnerable bikers.
While severe accidents can occur for a range of reasons, common ones include:
- Distracted driving: Many distractions can take a driver’s attention off the road, from text messages and phone calls to activities happening outside the vehicle. Motorcycles are less visible at a glance than typical vehicles, and a few seconds of distraction can quickly lead to a crash.
- Poor road conditions: Motorcyclists are vulnerable to adverse weather and poor road conditions. They may lose traction on slippery pavement, and a pothole that would only slightly jolt a car could cause a motorcyclist to lose control.
- Lane splitting: In some cases, motorcyclists cause accidents when they lane split, which involves riding between the vehicles in two adjacent lanes traveling in the same direction. While some studies point to the safety benefits of lane splitting, this practice is illegal in all states except California.
- Unsafe lane changes: Drivers often do not see motorcycle riders in their blind spots. Changing lanes or merging in front of a motorcyclist can quickly cause a collision.
Frequent Injuries From Motorcycle Accidents
Due to the extreme nature of many motorcycle accidents, bikers often sustain severe injuries, such as:
- Broken bones
- Bruises and lacerations
- Internal bleeding
- Spinal cord injuries
- Traumatic brain injuries
- Severe road rash
- Mental illnesses (e.g., post-traumatic stress disorder)
The worst motorcycle accidents produce fatal injuries. If a loved one passed away in a motorcycle accident, you may have grounds for a wrongful death case.
When you suffer injury in a motorcycle crash, you shouldn’t need to pay medical expenses out of pocket. Our personal injury law firm can represent you through the compensation process.
Actions To Take Immediately After a Motorcycle Accident
Being involved in a motorcycle accident can feel jarring. You may feel too frazzled to think about the right way to proceed. However, the actions you take immediately after the crash significantly impact the compensation process.
Follow these steps after a motorcycle accident to improve case outcomes:
- Call the police and request a police report. This report will provide vital evidence for your insurance claim or lawsuit.
- Exchange contact information with the other parties, if possible. Politely request the contact information of anyone who witnessed the accident.
- Seek medical treatment, even if you initially feel okay. The adrenaline you experience from the accident can mask injuries.
- Contact your insurance company. An adjuster can start the claims process and investigate the accident. If another party was at fault, your insurer will reach out to their insurance company.
- Hire a motorcycle accident lawyer. Motorcycle accidents often lead to severe injuries and steep medical bills. An experienced motorcycle accident lawyer can guide your next steps and improve your case outcomes.
If you’re unsure what to do after an accident, give our personal injury lawyers a call. We’d be happy to advise you.
Understanding Fault and Liability in a Motorcycle Accident
Seeking compensation after a motorcycle crash requires you to prove that another party was at fault or liable for your accident. California and Wisconsin both follow a comparative negligence policy, which allows more than one party to be liable for a motorcycle accident.
- Under California’s pure comparative negligence guidelines, you can collect compensation as long as you were less than 100% at fault for an accident. Your compensation amount correlates to the fault percentage an insurance company assigns you; for example, if you were 10% at fault, you could collect 90% of the damages.
- Under Wisconsin’s modified comparative negligence policy, victims of motorcycle accidents can seek compensation as long as their degree of fault is less than the defendant’s. For example, if you were 40% at fault and the other driver was 60%, you can seek financial compensation, but they cannot.
Insurance companies and courts determine fault in a motorcycle accident through a few means. They evaluate the accident from all angles to identify the pivotal moment that caused the accident. For example, if one driver was cited with a traffic violation after the accident, this may indicate that their wrongdoing led to the accident.
A seasoned motorcycle accident lawyer can help you prove the at-fault party by collecting compelling evidence, such as:
- Photos and videos of the motorcycle accident scene
- Witness testimonies
- Police reports
- Testimony from medical professionals
- Copies of medical documentation to prove that the accident caused your injuries
- References to similar motorcycle accident cases and their outcomes
What Compensation Can You Seek After a Motorcycle Collision?
If your motorcycle accident led to serious injuries, you likely have countless expenses piling up. Our motorcycle injury lawyers can help you seek the maximum compensation from the at-fault party.
If you are filing a claim with the other driver’s insurance company, you can seek economic damages to cover the direct costs of the accident. These might include:
- Medical bills
- Property damage
- Lost wages
- Loss of ability to work
After a fatal motorcycle crash, they may also include funeral costs.
Pursuing legal action against the at-fault party may also allow you to seek non-economic damages. These compensate you for physical and emotional losses from the accident.
You may be able to seek the following non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Mental anguish
If the at-fault party was acting recklessly when they caused your accident, you may have the right to punitive damages. These punish the negligent driver for their wrongdoings, taking money from their bank account. Punitive damages are common in drunk driving cases.
Meet Our Attorneys
Michael J. Kent & Emily R. Pincin
Michael Kent was inspired to become an attorney by his passion for piecing together puzzles and information in his younger years. He loves nothing more than analyzing cases to piece together evidence and find out what a defendant is hiding, to obtain a positive outcome. Michael’s father, as well as his in-laws, are attorneys who have provided valuable mentorship and guidance relating to the civil justice system.
“I want to help people piece their lives back together and move forward. They deserve to be given a voice and feel protected whatever the circumstances.”
Emily Pincin was motivated to become an attorney by her affection for reading, writing, and understanding the intricacies of the law. Raised in a household with a court reporter mother, Emily familiarized herself with the justice system and became passionate about helping others through their most difficult times.
“Everything about what we do really comes down to helping the client feel that they can achieve a feeling of justification and peace. We are working to help them attain a sense of vindication.”
Allow Our Motorcycle Accident Attorneys To Assist You
The aftermath of a motorcycle accident can be stressful and chaotic. Allow our passionate personal injury lawyers to guide you through this process while improving your chances of securing compensation.
We can assist with many aspects of your motorcycle accident claim and recovery process:
- Help you file a claim with the insurance company: Allow us to gather the necessary documentation to file a claim with the at-fault driver’s insurance company. We understand that personal injury claims can be confusing, especially while you are trying to recover from significant injuries.
- Break down Wisconsin and California laws and how they apply to your motorcycle accident case: Laws regarding motorcycle helmets, lane splitting, motorcycle licenses, and liability insurance can all impact your accident case. We’re well versed in all relevant statutes within California and Wisconsin.
- Communicate with all parties on your behalf: Motorcycle accident injury cases involve a lot of back and forth with insurance adjusters, the other driver, witnesses, and auto body shops. We’ll handle as much communication as possible for you.
- Navigate insurance negotiations: When you submit a car accident claim through an insurer, they may try to lowball you and convince you to accept a subpar payout. We can act as your legal representation during insurance negotiations, helping you fight for a higher motorcycle accident settlement.
- Explore legal action and lawsuits: If the insurance company refuses to budge or the coverage limits are not high enough to pay out all your expenses, you may need to file a motorcycle accident lawsuit against the liable party or their insurer. Our legal team will guide you every step of the way, from gathering evidence to representing you in court.
Kent | Pincin: Your Experienced Motorcycle Accident Attorneys in California and Wisconsin
You shouldn’t have to navigate the stressful aftermath of a motorcycle accident alone. Kent | Pincin is your trusted legal firm, offering services throughout California and Wisconsin. Allow us to fight for fair compensation to cover medical costs, property damage, pain and suffering, and all other expenses you endured.
Contact us today at 310-376-0922 (California) or 608-376-0922 (Wisconsin) to request a consultation with our motorcycle accident lawyers.
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FAQs
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A victim of a motorcycle accident shouldn’t admit fault at the scene because doing so can affect their right to compensation. Even if you think you were responsible for the accident, stay silent and let the insurer decide. The other driver may have shared fault, and you may still have the right to compensation.
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