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In 2021, 5,932 motorcyclists were killed in the United States, accounting for 14% of all traffic fatalities. Motorcyclists are often at greater risk of injuries, and when accidents happen, they can result in devastating physical, mental, and financial consequences. If you have been injured in a motorcycle accident and suffered damages, you may wonder if you have a case.
Determining the viability of your case involves several factors, such as the circumstances surrounding your accident, the extent of your injuries, and the evidence available. If you want to seek justice and ensure you are compensated for your losses, you must have a case. Let Nunes Law, Inc. explore some ways you can determine if you have a motorcycle accident case in Fresno, California.
You Suffered Injuries and Damages
You may have a motorcycle accident case if you suffered injuries or damages in the accident. Such injuries may range from minor bruises to severe fractures and brain injuries. If you sustained injuries requiring medical treatment, surgery, or ongoing care, this indicates that you may have a case.
The Accident Occurred Recently
The timeliness of your motorcycle accident claim matters. You may have a case if your accident occurred recently because evidence may still be available, witness recollections are still fresh, and the physical conditions of the vehicles involved may be the same.
Additionally, you must file a lawsuit within California’s statute of limitations to have a valid claim. In Fresno, you have two years from the accident date to file a lawsuit, although claims against the government have shorter deadlines. If the accident happened within this timeline, you could still have a chance of recovering compensation with the help of a motorcycle accident lawyer.
You Were Not at Fault for the Accident
Establishing fault is critical in a motorcycle accident case. If another party was responsible for your accident and subsequent injuries, you have a better chance of having a valid case. Sometimes, other drivers force motorcyclists off the road, or the road could be in a bad condition that contributed to the accident. Proving another party’s negligence can be challenging, so it is best to consult a motorcycle accident lawyer to help you prove it.
Evidence That Can Make Your Case Stronger
To strengthen your motorcycle accident case, gathering evidence is essential. The following types of evidence can significantly bolster your claim:
- Police report. An official police report detailing the circumstances of the accident, witness statements, and any citations issued can strengthen your case, as this is what insurance companies, the judge, and the jury use to make a settlement or verdict.
- Picture from the accident scene. Photographs taken at the accident scene can provide critical evidence of what could have contributed to the accident because they demonstrate the positioning of your motorbike and other vehicles, road conditions, traffic signs, and other relevant information.
- Witness statements. Statements from witnesses can provide independent accounts of what occurred and help support your case.
- Relevant documents. Documenting medical bills, motorbike repair costs, and other expenses related to your accident can help establish the financial impact of the accident and assist your lawyer in calculating damages.
Common Types of Injuries Suffered in Motorcycle Accidents
Motorcycle accidents can result in various injuries, ranging from minor to severe. The most common injuries include:
- Road rash caused by sliding along the road surface
- Fractures and broken bones often involve limbs and the spine
- Spinal cord injuries
- Soft tissue injuries
- Traumatic brain injuries, which can lead to cognitive and physical impairments
How a Fresno Motorcycle Accident Lawyer Can Help
Navigating the complexities of a motorcycle accident case can be overwhelming, especially when dealing with injuries and emotional distress. An experienced lawyer can assist you in the following ways:
- Establishing negligence by proving four essential elements, namely:
- Existence of duty of care- That the responsible party had a duty to act reasonably to protect your safety
- Breach of duty of care- The party breached that duty
- Causation- Because they failed to act reasonably, you suffered an injury
- Damages suffered- Your injuries led you to incur significant financial damages
- Gathering and preserving crucial evidence to build a compelling case.
- Negotiating with insurance companies and opposing parties to secure the best possible settlement
- Guiding you through the legal process
Contact an Experienced and Skilled Motorcycle Accident Attorney in Fresno, CA Today
You may have a case if you have been injured in a motorcycle accident in Fresno, CA. Contact our experienced motorcycle accident attorney at Nunes Law, Inc. at (559)-702-5124 or online to schedule your free consultation. We can help investigate your case to establish liability and work towards securing just compensation for you.
