Feeling the wind in your hair is exhilarating. You don’t even mind the occasional bug landing in your mouth. While disgusting, it’s all a part of riding a motorcycle in the US. Something else that’s normal is passing another rider.
With an estimated 8.5 million motorcycles on US roads, you’re not the only one relishing the wind in your face. This also means motorcycle accidents aren’t exactly uncommon and it pays to know a bit about your legal rights. Just because your vehicle only has two wheels, doesn’t mean you don’t have the same rights as a car driver.
You Have the Right to Receive Compensation for Your Damages
States like California have two laws in place regarding compensation for damages received from accidents. The Golden State follows at-fault rules. This simply means you turn to the at-fault party’s insurance to cover your damages.
Cali is also a modified comparative negligence state. This can get a little tricky. You still have the right to file a claim with the at-fault party’s insurance provider but your compensation amount may be significantly reduced.
Modified comparative negligence allows for more than one individual to be assigned blame for an accident. As long as you’re not found to be more than 51% responsible for the accident, you can file a claim for your damages. Your compensation amount is simply reduced by your percentage of the blame.
To help ensure you’re not assigned more blame than you deserve, it’s best to work with an experienced motorcycle attorney. Whether it’s bringing in experts to help reconstruct the accident or interviewing witnesses, your attorney will help protect this legal right.
Types of Compensation You Can Receive
Every accident is different and this affects the type of compensation you can receive. However, most motorcycle accident victims are eligible for economic and non-economic damages. This can include some or all of the following:
- Medical expenses including rehabilitation and long-term care
- Transportation costs to and from medical appointments
- Property damage repair or replacement costs
- Loss of current income and possibly future wages if your injuries are preventing you from returning to work
- Pain and suffering
- Mental anguish
- Permanent scarring, burns, and other types of disfigurement
The above are only a few examples of the damages you may be entitled to receive after your motorcycle accident.
You Have the Right to Fair Treatment by the Insurance Company
Maybe movies like The Wild One are partially to blame for some individuals’ misconceptions about motorcycle riders.
Insurance companies often try to portray all motorcycle owners as being reckless and even asking to be involved in an accident. This type of stereotyping is unfortunate and it also shouldn’t affect your ability to receive fair compensation. Simply because you choose a two-wheel vehicle over one with four wheels doesn’t mean you’re hoping to be injured in a collision.
Using the type of vehicle against you is a tactic some insurance companies use to try and reduce the value of your claim. Unfortunately, this tactic isn’t illegal but you also have the right to expect fair treatment from the insurance company.
An experienced motorcycle accident attorney can easily see through this and other tactics insurance companies often use in an attempt to reduce compensation amounts for motorcycle accidents.
You Have the Right to Choose a Medical Provider
This should be an obvious right but sometimes insurance providers may try convincing you to change healthcare providers. No, the insurance company isn’t trying to ensure you receive the best medical care. Their goal is to reduce your medical costs. Sometimes this means going somewhere else for medical care.
You have the legal right to choose your medical care provider with very few limitations. A primary exception is if your healthcare provider isn’t licensed by the state and/or certified. For example, your neighbor may claim to have an effective home remedy for your broken arm but if they’re not a licensed physician, the insurance company isn’t going to cover these costs.
Basically, you can choose any licensed physician and medical complex to receive treatment for your injuries, regardless of what the insurance company may try to imply.
You Have the Right to Legal Counsel
This is a basic right staunchly defined and defended in the U.S. Constitution and it applies to personal injury claims. You always have the right to legal representation regardless of the severity of your injuries or property damage.
Working with a motorcycle accident attorney can help ensure your other rights are protected and you receive fair compensation for all of your damages.
