The Law Offices of Matthew M. Vincent specializes in motorcycle crashes. We've handled many cases involving motorcycle injuries. Insurance companies know that if their insured injures somebody on a motorcycle there is a high probability of significant damages. Therefore, it is important you don't hire an attorney who doesn't have experience in motorcycle cases. They are separate and apart from ordinary crashes. However, the legal principles of recovery remain the same.
WHEN ANOTHER PERSON INJURES YOU: Motor vehicle operators are subject to the general duty of due care. Pursuant to CC§1714(a), "[e]veryone is responsible...for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person; and thus can be liable for injuries caused by the failure to exercise reasonable care in the operation of the vehicle under the circumstances. [Cabral v. Rapls Grocery Co. (2011) 51 C4th 764]
If you've been injured by somebody in an auto accident who didn't use ordinary care or skill in the operation of their vehicle then you may be entitled to damages such as medical expenses; lost wages; pain and suffering...
MEDICAL EXPENSES: The claimant is entitied to recover the reasonable value of all medical expenses that have been incurred, and that are reasonably certain to be incurred in the future, as a result of the injury. [Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 C4th 541] As such, keep track of all medical expenses incurred as a result of your accident.
LOSS OF EARNINGS: Plaintiff is also entitled to recover the 'reasonable value' of working time lost on account of the injury. So if, as a result of your injuries you missed out on commissions, bonuses, wages and any fringe benfits you should be compensated. As such, keep a detailed record of all lost earnings if you've been in an accident.
PAIN AND SUFFERING: The most valuable element to any auto accident claim is the right to compensation for all the "pain and suffering" the injured party sustained. These are call 'general damages'. What is "pain and suffering"? Well, it is an award that represents compensation for all physical paind suffered and ALSO for all "fright, nervousness, grief, anxiety, worry, mortification, shock, humilation, indignity, embarrassment, apprehension, terror or ordeal." [Capelouto v. Kaiser Found. Hosp. (1972) 7C3d 889] It is also well settled law that a claimant be entitled to receive compensation for all 'emotional distress' brought on by the accident. Therefore, make sure to be specific as to how you felt at the time of the accident; what you went through between then and now; and be sure to verbalize all physical discomfort you experienced then and now.
NON-ECONOMIC "GENERAL" DAMAGES: Disfigurement, disability, impaired enjoyment of life, susceptibility to future harm or injury, and shortenend life expectancy...
IMMEDIATELY FOLLOWING AN ACCIDENT: Although a tramatic evident it is important you follow these steps to ensure we get you back on your feet as soon as possible and the compensation you deserve.
1. Don't leave the scene.
2. Get the other driver's insurance information.
3. Call the police. Get a report.
4. Get all witness information.
2. Take pictures of the accident scene and your injuries.
3. Go get checked out by a doctor if you need medical assistance.
4. Call the expert motorcycle crash attorneys in Murrieta at the The Law Offices of Matthew M. Vincent today for a free phone consultation.