You have been in an accident on your motorcycle. You are knowledgeable about motorcycles and have ridden all your life. You know your way around the street. Maybe your experience makes you an expert on a motorcycle? Can you handle your motorcycle case on your own? It really depends upon the case and issues. Let's explore this question in this article.

Riding a bike is a skill you have acquired. Your skill, like ours, was honed with some trial and error. You learned how to overcome adversity in the heat of the moment, due to an improper lane change that drove you into the curb or a left turning car you barely avoided. Unfortunately, you were not able to avoid this accident.

You can handle your case if your injury is small or you have little damage. Unfortunately, most motorcycle accidents involve a lay down or frontal impact and cause serious injury. If you just dumped the bike, you probably would be irritated at the damage, but get the information you need and be on your way. You can handle that claim. If you are looking at this site however, chances are that you are probably hurt and you should leave your case to the professionals.

There are some interesting complexities to handling a motorcycle case. Everyone in a profession has certain talents and a motorcycle lawyer with experience is no different. A motorcycle accident attorney will do a far better case than a non-professional when dealing with witnesses that are unfortunately biased against a motorcyclist. See our link Motorcycle Witness Bias Issues. Witnesses think you were at fault because of this bias toward bikers, even if you did nothing wrong.

Accident reconstruction is important as is highway design that may have contributed to the motorcycle accident. Therefore, a specialized California motorcycle attorney will be able to represent you better if these issues exist. Lastly, do not forget that with serious injury, there is usually insufficient insurance. A specialized motorcycle lawyer knows how to reduce medical liens, maximize recovery and put more money into your pocket. So do not think you are saving money by trying to do that type of case yourself. Even after payment of the fee, you will be better off than allowing the hospital or medical insurance to have most of your recovery. Let me repeat, it is imperative in those types of cases that you get a lawyer that really knows what they are doing, so that you receive the most amount of money in the case you can.

If you need an attorney, feel free to contact us for a free interview at 1-888-752-7474 or Contact Us Online. If you still want to represent yourself, read on.

As a motorcycle accident victim, you must prove liability of the other driver, and your damages. Liability proof will be discussed in this article. For a discussion of proof of damages see our (PROOF OF DAMAGES) link.

Proof of Liability

Motorcycle riders on a California road are subject to the same rules of driving as are cars. Therefore, the same rules apply. However, there are several motorcycle specialized rules that do not apply to car drivers. You must wear a helmet, CA. Vehicle Code 27802-27805, you are limited in your right to pass other vehicles, see CA. Vehicle Code 21460, and there are limits on your right to drive on the left or right side of the lane or road, CA. Vehicle Code 21650, 21655.5 and 21756. Case law has developed and been applied to motorcycles operated on public streets. Therefore, depending upon your accident facts, you should research the law first to define your rights and duties.

All motorcycle accidents are different. Establishing liability in a motorcycle accident means proving the other driver made an illegal maneuver or did something improper. You must demonstrate that you were not breaking the law or riding dangerously. You must prove your claims, not just argue your case. There are several methods of developing proof in a motorcycle accident liability case.

Has a police report been prepared, and is it favorable? Police reports can be helpful when trying to prove your case. Collect all the proof you can at the scene. Take photos of the scene and any debris. Take photos of the damage to your bike and the other car. Also, you might want to read Police Reports and Motorcycle Officer Bias on what to look for in motorcycle accident police reports.

A favorable police report is the first step in proving liability. How did the motorcycle accident occur? Were you sideswiped by a lane change or rearended? Did the other driver turn in front of you? Was the other driver going too fast? Motorcycle accidents are governed by California statute. You can research the "Vehicle Code for California" by google search and typing in "California Laws That Control Autos and Highways." Review the table of contents for your subject to determine the law applicable to your personal injury case.

Your version of the collision is important to verify. You should be truthful, and if possible, your version should match the police report, and other witnesses. Our lawyers often recommend that the client not give a recorded statement to anyone. Care should be taken because anything you say or put into a document about your recollection may be used later if your recall is different than others or the accident facts. Review your synopsis in comparison with all witnesses to make sure your facts make sense and is as close as possible to the other witnesses. To help you formulate your version, see Simplify Your Motorcycle Accident Version.

Your version of the accident is important to establish. Your version should be truthful, and to the largest extent possible, should match the police version, and that of the other witnesses. Our attorneys often recommend that the client not give a recorded statement to any insurance company. Further, be careful because anything you write to an insurance carrier about your version may be used later against you if it turns out to be inconsistent with the accident facts. Review your version in comparison with all witness investigation to make sure your version makes sense and complements their versions. To help you formulate your version, see Simplify Your Motorcycle Accident Version.

You should get statements from other people who saw the accident, even the unfavorable ones. You may wish to record their statement to preserve their testimony. See Importance of Recorded Statements in Motorcycle Cases on why to record a statement instead of having a written statement. To prepare your approach, you need questions to ask, and practice how to ask them. See Interviewing a Motorcycle Accident Witness and Keeping a Witness from Ruining Your Claim. Witness statements are important to prove your case, because they give the "unbiased" version of your motorcycle accident. However, not all observers are unbiased. If you suspect a biased observer, see Motorcycle Witness Bias Issues to prepare yourself.

You may need to hire a motorcycle accident investigator or expert. We warn against doing this. Experts are different in their qualifications, their specializations, and capabilities. Therefor, you be careful when trying to prepare your case.

Once you have collected the evidence from the scene, the statements of observers, and the collision report, you should explain to the insurance representative why their driver is liable. No case is easy on liability. If you were hit in the rear, the other driver may say you stopped suddenly. If the other driver turned left as you were approaching, their insurance may say you were speeding. Therefore, confirm the other driver did something wrong, and you did not do anything wrong to contribute to the accident. If the police report gives an accurate account, give that to the insurance instead of your written statement, and give copies of all the favorable evidence you collected. Always make your case in writing. Require that the adjuster explain away your favorable evidence. Negotiating factual evidence is better than giving liability opinions.

What if the insurance adjuster tells you that you are not liable? Do your investigation despite this verbal assurance, unless the adjuster puts the conclusion in writing and is not contesting liability. No verbal agreement is enforceable, and you do not want evidence to be lost.

These guidelines do not replace the efforts of a competent motorcycle attorney or accident specialist. If you would rather us handle the claim for you, feel free to call for a free meeting at 1-888-752-7474 or Contact Us Online.