Westlake Village Motorcycle Accident Lawyer

Since your husband loves to use his boat but you prefer riding your Harley along the Santa Monica Mountains, you decided to compromise and move to Westlake Village. While he’s cruising the lake, you’re often zooming through the mountains on your beloved motorcycle. You always knew it was dangerous, but it was more of an abstract understanding until you finally got into an accident last Sunday. The car behind you had been tailgating for a few miles while you were on your way home on Route 23, but eventually clipped your rear tire at a traffic stop.

You’d learn later on, with the help of your inquisitive and thorough Westlake Village motorcycle accident lawyer at Walch Law, that the driver was sending a text message at the time of impact. They were clearly being careless (or negligent, in legal terms) but now you’re nursing some serious injuries, including road rash and a dislocated shoulder.

No amount of money can get rid of the pain and trauma from the accident, although it’s good to know that your attorney can help you recover much of what you lost through an injury claim. The following is an overview of motorcycle accident liability, claims for damages, and related information.

You know plenty of other riders who take additional risks such as lane-splitting around hairpin turns or exceeding the speed limit, and many of them also have stories of horrible accidents. So you’ve always followed traffic laws and played it safe, determined to not be a statistic. But the problem with motorcycles, in most cases, is other motorists and the lack of protection available to motorcyclists compared to their four-wheeled counterparts. Simply put, automobile drivers must be extra careful around motorcyclists (they “owe a duty of care” to keep a safe distance and watch out for bikers).

When another party is negligent, it means they breached their duty of care and this led to an accident that caused their injuries. The elements of a negligence case are:

1. The defendant (at-fault party) owed a duty of care to the plaintiff (the injured party)
2. The defendant breached that duty (in this case, followed too closely and texted while driving)
3. The plaintiff’s injuries were in fact caused by this breach
4. The defendant’s actions were the proximate cause of the injury (if not for the careless driver, the accident never would have happened)
5. The plaintiff suffered actual damages, such as bodily injury

Even though the vast majority of injury claims don’t actually end up in court, you’ll still want to proceed as if they may. A strong claim will help ensure the best possible settlement for your claim, which is why you’ll want to work with a skilled Westlake Village motorcycle accident lawyer.

Road rash is often much more serious than people realize and sometimes can require skin grafts or result in the loss of feeling or persistent nerve irritation. Dislocated shoulders are usually fixable but they, too, may result in further complications. The point is, you never really know at first how serious your injuries may be. That’s why you definitely should avoid accepting an early settlement offer. Insurance companies often try to entice claimants with these settlements before they’ve had a chance to fully assess their damages.

California provides up to two years from the date of the accident (or from the date at which the injuries were first realized) in which to file suit. You want to act fast, but not so fast that you fail to get a full picture of what your damages may be. Medical costs and lost wages are two of the most common types of damages, but motorcycle accidents in particular may be more complicated and require additional damages, such as the following:

1. Loss of enjoyment of life
2. Disfigurement or permanent disability
3. Pain and suffering
4. Diminished future earning potential
5. Loss of consortium (intimacy and affection)

Your Westlake Village motorcycle accident lawyer will make sure you get a thorough medical evaluation and follow-up care (where warranted) so you’ll know whether, for instance, your injuries will be long lasting or require physical therapy. They’ll also have the experience to know the monetary value of a given claim and, in many cases, will be able to secure damages you may not have even considered at first. Additionally, if you played a role in causing the accident we know how to make sure you are still getting the most for the part of the accident you did not cause.

There’s a reason why getting through law school and passing the bar exam is such an accomplishment: the law is complicated. Shouldn’t you rely on a skilled Westlake Village motorcycle accident lawyer to handle your claim? Get started today by calling the legal experts at the Law Offices of Gary K. Walch, a Law Corporation. If you have injuries, bills and missed work, you are going to want to give Walch Law a call now to get started on getting that money back for you. We take all our cases on a contingency fee basis so you don’t pay a thing until we get you paid!