A hit and run motorcycle accident happens when the party-at- fault leaves the accident scene without sharing their personal information and that of their insurance companies for the compensation process. Hit and run is a type of motorcycle accident that can be tragic and can result in different injuries and losses. It can happen in two ways, when a vehicle hits a motorcycle or when a bike hits a pedestrian. The hit and run accidents are caused by negligence by the party-at-fault, where they fail to observe the regulations set forth by the law. You can sustain severe injuries as a result of a hit and run motorcycle accident. The damages can affect your everyday life, and you, therefore, require compensation from the party at fault.
Other than negligence, many reasons may lead to hit and run accidents in California. Some of them are driving under the influence, failure of traffic rules, and running away from warrants of arrest from the law enforcement officers. To make your compensation a success, you need to involve a qualified attorney to help file for a claim to be compensated and prove that the other party was at fault. The LA Personal Injury Law Firm has attorneys who understand the law well and successfully help in your compensation process.
Causes of Motorcycle Accident in California
Many factors can contribute to motorcycle accidents In California. The negligence of drivers causes many accidents. Other leading causes of motorcycle accidents are:
- Unsafe change of lanes
- Left turns accidents
- Distracted driving
- Failure to check for blind spots
- Impaired driving and
- Sudden stops
- Texting while driving
What To Do When Involved in a Hit and Run Motorcycle Accident
After an accident, you may get confused and wonder what to do next. There are different ways that you can use to get compensation for injuries and losses. When you get involved in a hit and run motorcycle accident, you should do:
Seek Medical Attention
It sometimes happens that when you are involved in an accident, you do not feel any pain, but you may be suffering severe injuries internally. Therefore, it is essential to seek medical attention from a qualified specialist to identify any damage you may have. Most injuries that happen in soft tissues, brain, and nerves are not easily detected immediately when you are involved in an accident.
Hit and run injuries require urgent medical care to help you recover and avoid the long-term care needed due to severe injuries that you may have sustained. The medical documents will also help determine the amount of money you should be compensated for because all the medical costs will be indicated in the records.
File A Report with the Police As Soon As Possible
It is essential that after the hit and run motorcycle accident, you call the police to come to the scene of the motorcycle accident immediately. The police will help determine the party at fault, file charges against them, and help you get your compensation. They will also file a report about the accident. The information that will be collected by the police will also be useful in your future claims if the accidents caused long-term injuries.
Collect as Much Information as Possible
It is important that, if you can collect information, do it immediately, because it might be hard for you to remember what exactly happened. You should get the people's details at the accident scene, the motorcycle color, number plates, the motorist description, the accident's specific location, and any other vehicle involved in the accident. You should also determine if there are any traffic lights or cameras placed at the site.
Take Photographs if Possible
If you can take photographs, you should do so by capturing as many pictures as possible. You should take photos of your damaged motorcycle if the accident involved another vehicle. You should also take photos of the other vehicles involved, surveillance cameras, if any, and any other thing that seems like it would be used as proof to prove the other party was at fault.
Document the Injuries Inflicted on You
You should immediately capture your injuries or have another person document your injuries if you cannot do so. You can do so by taking photos using a camera or your phone. It would help if you also asked your specialist to take pictures of the injuries they noted. The photos of the damages will act as proof when you file for compensation.
Do not Admit To be At-Fault
There are times that you may think that you are in the wrong. Even if you think you are wrong, you should remain calm and say no word to anyone apart from your attorney. The reason being, you may utter a word that can be used against you and give proof that you were indeed the one in the wrong. You should contact your attorney to show you the way forward.
Contact Your Insurance Company
There is usually a likelihood that you will receive your compensation after a hit and run motorcycle accident, even if you did not identify the person who hit you. The insurance company will cover your medical expenses and any property damage that you may have incurred. If an insurance company covers the party at fault, you will compensate them by filling a compensation claim.
Contact Your Attorney from The LA Personal Injury Law Firm
Contacting a knowledgeable personal injury attorney will help fight for your compensation and cover the losses and injuries inflicted on you. The reason being, many are times when the party at fault will look for means to prove that you were the one who is in the wrong and that you should not receive any compensation. The attorney will do a thorough investigation and present enough evidence to prove that the motorist is the one at fault and that you should be compensated.
A party is usually at fault in any road accident unless it is a mechanical problem. It is therefore essential to identify the party at fault before you file for your compensation. Consequently, it is a good idea to contact a personal injury lawyer to help you determine who is at fault. Some of the people who can be responsible for the motorcycle accident are:
- The shop that is responsible for repairing, inspecting, maintaining, and inspecting the motorcycle
- The manufacturing company that manufactured the motorcycle
- The manufacturing company that manufactures the safety equipment
- The driver of the motor vehicle that caused the accident
- The government entity is responsible for maintaining roadworthy motorcycles.
To determine the amount that you will be compensated, the jury determines the involved parties' faults and multiplies it depending on the damages you have suffered. There is an element of negligence that also determines who is at fault. It is because you have to prove that the other party was at fault and is liable for your compensation. They are:
- The party-at-fault owed you a duty of care.
- The party at fault breached the duty of care through their negligence.
- That party at fault negligence was a significant cause of the accident.
Duty of Care
It is a duty to any driver using the California roads to drive in a way that is meant to prevent accidents from happening. If the party at fault is charged for causing the accident, they will be liable for your injuries and losses. The jury will determine that by comparing the party at fault actions and a standard driver using the same road.
Breach of Duty
The party-at- fault failed to observe the government's laws concerning the traffic, and their actions led to an accident. Bleaching of duty can be looked at differently, but the most common ones fail to observe the traffic rules and speeding.
Cause of the Accident
To receive compensation for your losses and injuries, you must prove that the at-fault party caused the actions due to their negligence. Negligence in California is presumed to be based on a violation of a statute, law, or ordinance, such as speeding. To prove that the party-at-fault owed you a duty of care, you need to show that:
- The other party violated a rule, a law, or a regulation
- The violation of the law by the other party caused your injuries and property loss
Damages Caused by the Accident
To receive your compensation, you must prove that the injuries you have suffered and the losses you have incurred are due to the accident caused by the at-fault party's negligence. The damages and injuries can be shown by presenting the medical bills for your treatment and the income you have lost because of the negligence of the at-fault party. The at-fault party could avoid the injuries you have suffered if they were more careful
Negligence is demonstrated if the party at fault violates the following traffic laws: following closely, speeding, refusing to stop signs, texting while driving, reckless driving, distracted driving, and driving under the influence.
What Should You Do if the At-Fault Party Says You are the One At-Fault?
The at-fault-party may get angry after the accident has happened and decide to fix you as the cause. They will do that because they are sure that they are the cause, but want to evade the penalties for negligent acts. In that case, the driver may force you to admit that you are at fault. It would help if you did not accept the responsibility, but ask the driver to speak to your lawyer about the accident because liability is only determined in a court of law. Even if you partly caused the accident, it is essential to remain silent and wait for the jury to apportion the damages.
Injuries Sustained in a Hit and Run Motorcycle Accident
Hit and run motorcycle accidents can lead to catastrophic injuries. When you get involved in a hit and run motorcycle accident, you can sustain severe injuries that may take some time to recover. Some o the damages that you can sustain are:
Neck and Head Injuries
The injuries occur despite you having your helmet on. The rest of the protective gear can reduce the chances of sustaining severe injuries on the other body parts, but if you hit hard on a surface with your head, head, or neck, it can be badly injured. Depending on how catastrophic the accident is, you may suffer concussions, traumatic brain injuries, and cracked skulls.
Broken Hips, Ribs, Back and Spinal Injuries
Hit and run accidents can also lead to injuries in some sensitive parts of the body. Spinal, neck, and back injuries occur when the collision makes you hit hard on a surface on your back. In the process of collision, your ribs and hips may be broken. The injuries can lead to paralysis and hence suffer a permanent disability. It is a long-term effect that will make you dependent on the rest of your life. In such a severe case, you need full compensation to cater for the different aspects of your life that have been affected.
Emotional trauma is unlike other forms of injuries because it can last for a lifetime. It can affect your interpretation of your world and habits because it doesn't heal the same way as other physical injuries do.
Internal injuries occur when a sharp object penetrates your skin or is hit by a blunt object that does not break through your skin. You also suffer internal bleeding, which results in damage to internal organs. Catastrophic internal injuries require immediate medical attention to prevent further complications.
Bone fractures are also common types of injuries that you are likely to sustain in a motorcycle accident. The reason being, whenever a motorcycle accident happens, you will fall and hit hard on the ground. The hard-hitting may result in bone fractures, a jury with a long-term effect depending on the part of the affected body. Most common fractures occur in the legs, shoulders, pelvis, and the hands.
Other injuries sustained are burns from flames and chemicals, disfigurement, scarring, traumatic injuries to the brain, and punctured organs.
Road Rash Injuries
You will sustain road rush injuries when you are thrown across a pavement. The road rash injuries are classified as:
- First Degree injuries, where your skin surface will look red after the accident and with no visible injuries.
- Second-degree injuries where your skin will look injured, but the skin is intact to the internal layer.
- A third-degree injury where your skin is completely damaged and your inner tissues exposed. Third-degree injuries require immediate medical attention to prevent further damages that may occur.
How to Settle Hit and Run Motorcycle Accidents
If you are a hit and run motorcycle accident victim, you have a right to receive compensation from the party at fault and the insurance company. Before you file for compensation with the law, your attorney should negotiate a settlement with your insurance company and the party at fault's company. It is, therefore, essential to contact your attorney to guide you through the process. If both parties agree, then the two parties benefit because there will be no costs incurred. There is no specific formula used to settle the hit and run motorcycle accidents, but the case can be solved if the above factors are considered. Settlement for pain and suffering is done by calculating the victims' costs for the treatments, such as the medical bills.
Hit and run motorcycle accidents can be quickly settled. However, the settlement depends on several factors. The payment is depended on:
- Your degree of negligence
- The extent of losses and injuries you have incurred
- Strength of the evidence provided
- The amount of suffering and pain inflicted on you.
The negotiation process starts, and it will also include the offer for settlement. After the demand letter is issued to the party at fault, the insurance firm also responds. The court, therefore, settles the issue by looking at the complaints on both sides. Compensation becomes successful when you involve a qualified attorney who will help gather all the evidence required, compile the necessary documents needed, and defend the case on your behalf.
There is some factor that will determine how long it will take for you to be compensated. One primary factor is the time that you will take to complete your treatment. The reason being, insurance companies mostly pay for the treatment that you will receive, and you have, therefore, to complete your treatment, however long it will take. The compensation period will also depend on the treatment you will receive in the future.
Another factor determining the extended it will take for you to be compensated is the uninsured motorist aspect. The uninsured motorist policy requires that compensation be done fast because the limits are usually low.
Damages Compensated in a Hit and Run Motorcycle Accident
You have a right to file for compensation after a hit and run motorcycle accident in California. You will receive compensation from the party-at-fault and the insurance company if at all you are covered. Filing for compensation is not an easy process and is, therefore, wise to involve an attorney to guide you through the legal process. When you get involved in a hit and run motorcycle accident, you will receive compensation for the costs and losses incurred during the accident. The expenses include economic and non-economic damages. The damages that you will receive payment for are:
Medical Expenses Incurred
You will receive compensation for the medical expenses that you will incur from the time you get involved in the accident to recovery. The costs include the ambulance costs, prescription, therapy costs, and the time you spend in the hospital for your compensation to be effected. The treatment you receive should be a reasonable one. For example, a suitable treatment is whereby you get the right treatment for a particular type of injury, rather than getting the treatment for the sake of having a record to be used for your compensation. Involving an attorney will help testify that the type of treatment that you have received is necessary.
Loss of Property
If the hit and run motorcycle accident involved a vehicle and your motorcycle, you would compensate for replacing or repairing your bike. You are also entitled to getting compensation for property lost during the collision, such as a phone.
Punitive damages are not usually not covered in a hit and run accident because the party at fault is not usually known. Punitive damages are meant to prevent the misconduct from happening in the future and punish the party at fault for negligence.
You will get compensation when you are off from work to recover from your injuries. If you have a different job from the usual one, you will receive compensation for reducing income from that other job.
If you have lost your earning capacity, you will receive compensation for the income you will have to lose due to the injuries' severity.
Find a Hit and run Personal Injury Attorney Near Me
Hit and run motorcycle accidents have severe consequences that, at most times, have a long-term effect on your life or the life of your loved ones. The consequences may require compensation to recover the losses incurred and injuries sustained from the accident. Suppose you or your loved ones become victims of a hit and run motorcycle accident in Los Angeles. In this case, you should contact an attorney to ensure that your rights are preserved and that you receive compensation for injuries you will sustain and the losses you will incur from the accident. Do not take much time before contacting The LA Personal Injury Law Firm to assist in filing for compensation. The firm has attorneys who will serve you depending on your personal injury requirements. Contact us at 310-935-0089 to get the legal representation you need and have your losses and injuries compensated.
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