How Much Compensation Can You Get If a Motorcycle Hits You in California?

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As a victim of a motorcycle collision, you have the right to file an injury claim and seek compensation from the at-fault party and their insurance provider. Several key factors determine how much your settlement amount or court award could be after getting hit by a motorcycle in Californi

Riding a motorcycle can be an exhilarating experience. However, motorcycle accidents often result in severe or even fatal injuries due to the lack of protection for riders. If you have been hit by a motorcycle in California, you may be wondering - how much compensation can I claim?As a victim of a motorcycle collision, you have the right to file an injury claim and seek compensation from the at-fault party and their insurance provider. Several key factors determine how much your settlement amount or court award could be after getting hit by a motorcycle in California.

Factors That Determine Motorcycle Accident Settlement Amounts

According to seasoned Riverside motorcycle accident lawyers, the most critical factors include:

Severity of Your Injuries Sustained

The severity of your injuries often has the most significant impact on your potential settlement. Minor abrasions and bruises typically result in smaller settlements compared to severe, permanent or catastrophic injuries.Some common motorcycle accident injuries and their average settlements in California include:
  • Minor injuriesย like cuts, scrapes or sprains:ย $10,000 - $50,000
  • Moderate injuriesย such as broken bones or concussions:ย $50,000 - $150,000
  • Severe injuriesย like amputations, brain trauma or paralysis:ย $150,000 - $500,000+
Catastrophic injuries with a permanent impact on your mobility and quality of life can result inย multi-million dollar settlements. Discuss the details of your injury and treatment with an experienced Riverside motorcycle accident lawyer.

Type of Damages Incurred

Besides physical injuries, calculate all monetary and non-monetary damages to determine your settlement value. These include:
  • Medical expenses:ย Emergency care, hospitalization, surgeries, medication, assistive devices, rehabilitation, and ongoing treatments
  • Lost income and benefits:ย Missed work time, loss of future earning capacity
  • Property damage:ย Repairs or replacement for your vehicle, clothing, gear, etc.
  • Pain and suffering:ย Physical pain, emotional trauma, loss of companionship
  • Loss of enjoyment of life:ย Inability to participate in hobbies, activities or life milestones
Keep detailed records and receipts of all motorcycle accident-related expenses and losses.

Insurance Coverage Limits

Under California law, motorcycle owners must carry the minimum liability coverage:
  • $15,000 for injury or death of one person
  • $30,000 for injury or death of two or more people
  • $5,000 for property damage
However, costs and damages from motorcycle crashes often exceed these minimums. That's why experts recommend getting more extensive coverage.If the at-fault motorcyclist's policy limit cannot fully compensate your damages, you can make an underinsured or uninsured motorist claim with your own insurer.

Comparative Negligence

California follows pure comparative negligence rules. So even if you were partially at fault, you can still recover damages - reduced by your percentage of fault.For instance, if you suffered $100,000 in damages but were 20% responsible for causing the accident, your settlement would be $80,000.Working with an experienced personal injury lawyer can help minimize reductions due to comparative negligence arguments by the insurance company.

Legal Representation

An adept Riverside motorcycle accident attorney understands how to accurately calculate damages, negotiate fair settlements from insurers, and effectively try cases before a jury if needed. They typically work on a contingency fee basis, taking a percentage of your final settlement or award.Having a knowledgeable lawyer in your corner levels the playing field against big insurance carriers - resulting in maximum compensation.

Steps to Take After a Motorcycle Hits You

If you have been struck by a motorcycle in California, take these steps to protect your right to compensation:

Seek Medical Attention

Get emergency medical care, even for seemingly minor injuries. Adrenaline can mask serious trauma, which may worsen without prompt diagnosis and treatment.Make sure all accident-related medical expenses are fully documented to support your injury claim.

Report the Crash

Alert the police to have an official accident report filed documenting critical details like vehicle positions, points of impact, road conditions, witness statements, etc.If the motorcyclist attempts to leave the scene, try getting their license plate number and description. Hit-and-run accidents can still lead to injury claims under California's uninsured motorist coverage rules.

Gather Evidence

Take photos of property damage, skid marks, debris, injuries or anything else relevant at the accident scene. Obtain contact details of eyewitnesses. Save relevant texts, social media posts, or voicemails related to the incident.

Notify Your Insurer

Alert your car insurance provider about the motorcycle accident right away. This starts the claims process to get coverage for vehicle repairs, medical bills, lost wages, and other benefits you may be entitled to.

Consult a Riverside Motorcycle Accident Lawyer

Speaking with a personal injury attorney helps you understand your legal rights and options. An lawyer can immediately launch an independent investigation of the collision, identify all liable parties, and aggressively pursue maximum compensation on your behalf.

What Is the Average Payout for a Motorcycle Accident in California?

It's difficult to pinpoint an average or typical settlement amount for motorcycle accident injury claims in California. Each case has unique circumstances that significantly sway the potential payout amount. Factors like injury severity and type of damages make a broad average settlement figure challenging to ascertain.However, some patterns do emerge when analyzing motorcycle accident payouts in California:
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