In case you have been involved in a motorcycle accident, you need to bear in mind that every case has unique circumstances and hence expect different outcomes. It is advisable to contact a motor cycle collision attorney in the event of a motorcycle accident to allow a smooth legal process. Injured motorcycle passengers usually want to know about the average compensation they can receive. It is important to note that the average settlement is related to several factors linked to the case and this makes it impossible to assume a standard value. Below is a discussion of the factors that affect the average settlement of a motorcycle accident.
The basic factor behind the motorcycle accident is a liability. In California, the faulty driver is held responsible for damages caused to other drivers. Finding the liability involves considering several factors like traffic collision reports, independent witness statements, and photos. Liability decides the fault on the part of every party involved in a crash. California has a law that allows assigning liability on a partial fault basis. The larger the number of evidences one is able to gather against the defendant, the higher the percentage of negligence on the opposing party.
It is recommended to consult the motorcycle accident attorney Los Angeles in such cases. This is also because if you are assigned partial fault for a case, it could result in a loss of thousands of dollars.
Damages are the next important factor after liability. It depends on the extent to which someone is injured in an accident. With certain limitations in place, motorcycle riders are eligible to claim financial compensation for the damages incurred from the defendant at fault. To gain the highest settlement, you need to prove the following factors:
• Immediate or Past Medical Expenses: this includes on-scene treatment, emergency medical treatment, and primary care physician bills.
• Future Medical Expenses: many of the Motorcycle accident-induced injuries require long recovery time. Usually, it takes treatment of 5-20 years for a complete recovery. Note that there is a time limit to file cases. Doctors and life care planners are able to help you in determining the future time required for a complete treatment. This includes physical therapy, medication, surgeries, and costs of treatment.
• Punitive Damages: the court has reserved punitive damages in special cases when the person responsible for the collision has to be punished for their actions. Examples include drivers under the influence of alcohol or intoxications of other kinds.