Motorcycle accidents can cause grave injuries due to the fact that there is no protection between your person and a vehicle. Even wearing a helmet, the injuries can be catastrophic. If you are hit by a careless driver while on a motorcycle, you have the right to pursue a personal injury claim to recover damages. This compensation can help you pay for costly medical bills and lost wages if you are unable to work. At the firm of Law Offices of John Rapillo, we have more than 35 years of experience handling motorcycle personal injury claims. Attorney Rapillo has the experience you need to maximize your compensation. Call for a 949-675-5060 today.
The aftermath of a motorcycle accident is a scary and confusing time. Your primary focus should be recovering from your injuries and taking care of your loved ones. Mr. Rapillo and his team will focus on preparing your legal case and negotiating with the negligent party’s insurance company on your behalf. As part of building your case, we will:
Drivers will often say the motorcyclist “came out of nowhere,” however a recreation of the accident scene could help show that a more careful automobile driver would have seen the motorcyclist, thereby preventing the accident. To learn more information about motorcycle collisions and the law, see our FAQ page on motorcycle crashes.
Unfortunately, stereotypes and misperceptions regarding motorcyclists often work against the motorcyclist after an accident. Far too many people believe all motorcyclists fit the easy rider image — hard living, reckless and risk-takers. Since this is far from the truth, at least for most motorcyclists, it is necessary for the attorney in the case to be able to deal with the misperceptions and stereotypes in the best way possible. It is important that the jury realizes that the definition of negligence is the failure to act as a reasonable, prudent person would have acted under similar circumstances and that simply being a motorcyclist does not constitute negligence in and of itself. The jury must be educated as to what the law is, rather than basing their decision on their own experience and belief system.
If you have been involved in an Orange County motorcycle accident, you may wonder what your potential claim could be worth. Two things must be considered in this determination: liability and damages.
In other words, your attorney will need to determine who was at fault for your accident, because if there was no negligence involved, then you might not have a solid case. It is the burden of the plaintiff to show that the defendant was negligent. And if negligence was involved, then you are entitled to compensation for the resulting injuries. It is important to note that there are two “values” of your case, as far as potential compensation is concerned.
There is settlement value, which is the amount you could reasonably hope to settle your motorcycle accident claim for. The settlement value is almost always lower than trial value, due to the fact that by settling a case, you are avoiding the possibility of losing that case at trial.
Trial value is the amount of compensation you could reasonably expect to win at trial. There is a “formula” used by attorneys, which would be something like this: Assume your attorney believes you might be awarded $160,000 at trial — but that your chances of winning are only 50-50. If this were your situation, then settling for $80,000 might be reasonable.
The scenic byways in our state make every drive an adventure, with motorcycling being a popular hobby. It is unfortunate that riders and drivers of motorcycles can be injured so severely. In 2014 alone, 4,586 people died in motorcycle crashes — a number that is down by 2.3% from 2013. Additionally, 92,000 motorcyclists were seriously injured. Motorcyclists are 27 times more likely than those in a passenger vehicle to die in a crash. 39% of the motorcyclists who were killed in a collision were not wearing a motorcycle helmet. California, Florida and Texas accounted for 31% of the total number of motorcycle fatalities in 2015.
If you or someone you love is harmed due to a crash on a motorcycle, do not hesitate to contact us right away. We offer a free consultation to review the situation and can strive to get the financial compensation needed. Reach out today by phone at 949-675-5060 or by this email message.
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