Motorcycle Accident Lawyer Thousand Oaks, CA
When you are ready to move forward with an insurance claim after you have been in a motorcycle accident, speak with a Thousand Oaks, CA motorcycle accident lawyer you can rely on to negotiate with insurance adjusters. If you were the victim of a motorcycle accident, the team at Quirk Law Firm, LLP understands that you may have suffered from severe injuries. Unfortunately, many insurance companies like to use this as the time to get in touch with you because you are at your most vulnerable. When you are ready to move forward with a claim and do not wish to be the one negotiating with insurance adjusters, reach out to our team for legal help today.
What’s the problem with talking to insurance adjusters?
One of the issues that will likely come up when it comes to your motorcycle claim is the fact that you were riding on a motorcycle. Many insurance adjusters have pre-conceived notions that riding a motorcycle is unsafe and that those who do so follow unsafe practices. This is a sweeping claim that is often far from the truth. In fact, many motorcyclists are very safe–if not more so–when it comes to riding on their motorcycles because of the inherent danger riding presents with other vehicles on the road.
A trusted Thousand Oaks motorcycle accident lawyer understands that it can feel like an uphill battle when it comes to your motorcycle accident claim simply because the insurance agent will be starting off the claims process with their biases. This is one of the reasons it is so beneficial to work with a lawyer who can anticipate an insurance adjuster’s moves.
If I file a motorcycle claim should I expect to go to trial?
Not necessarily. In fact, many people who file some type of personal injury claim should not expect that their case will go to trial. While insurance companies have deeper pockets, they will want to avoid going to trial just as you will, so it is far more likely that you will reach a fair settlement with the help of a skilled, seasoned lawyer. It is crucial that you remember the first settlement offer you receive will likely not be the only one you end up taking. Your lawyer will want to be the one to determine whether a settlement offer is worth considering or whether you should push it back to the insurance company for negotiations. While your lawyer can tell you whether they believe an offer is fair, it is ultimately up to you to make the decision.
How do I know whether I have cause to file a lawsuit?
It may not be possible to know – at least, for sure – whether you have strong grounds upon which to file legal action until you’ve spoken with a knowledgeable Thousand Oaks, CA motorcycle accident lawyer about your situation. This is partially due to the fact that you may not yet know all of the details that could prove relevant to your case and partially because the strength or weakness of a case depends upon a variety of factors.
When you meet with the reputable legal team at Quirk Law Firm, LLP, we will take the time to learn all we can about your circumstances so that we can provide you with personalized professional guidance that is both as accurate and as informed as it can possibly be. Once we evaluate your situation objectively, we’ll be able to “tell you straight” whether you’re in a strong position to file legal action or not.
With that said, it is worth noting that motorcycle accident injury scenarios are usually legally actionable when a victim’s circumstances meet the following three criteria:
- A defendant named in the case owed the biker or motorcycle rider a duty of care under the law. This is generally easy to prove in motor vehicle accident cases because fellow travelers, manufacturers of motorcycle parts, etc. are all held to specific legal standards which mitigate the risk of harm to others.
- That defendant breached their duty of care to the victim by engaging in conduct that was negligent, reckless, or intentionally dangerous.
- The victim’s injuries were directly caused – totally or in part – by the actions or inactions of the defendant.
After we learn about the ins and outs of your unique case, our Thousand Oaks motorcycle accident lawyer team will be able to advise you in re: whether your case details meet these criteria.
What if I wasn’t wearing a helmet?
In California, both operators and passengers are required to wear approved helmets when traveling by motorcycle. Yet, you likely won’t be punished if you weren’t wearing a helmet at the time of your crash. The only consequence of note is that your failure to protect your head in this way may be used as evidence of your partial liability for your own harm.
In California, victims can pursue compensation from those who have caused them harm, even if they were partially responsible for what happened to them. However, the amount of compensation that partially-liable victims may receive is reduced in direct proportion to the degree of fault they’ve been assigned. Say that your case is worth $200,000. You are assigned 10 percent of the blame for your harm due to your failure to wear a helmet. You’ll need to shoulder $20,000 of your own costs and you’ll be able to pursue the remaining $180,000 from others who may be held liable for what happened to you.
Can I tell my loved ones what’s going on?
You can absolutely speak with your loved ones about your situation. However, you’ll want to refrain from posting about your situation on social media. In fact, you’ll benefit from speaking with the Thousand Oaks motorcycle accident lawyer team at Quirk Law Firm, LLP generally before engaging on social media in any way, as even the most seemingly mundane picture or text posted online could potentially undermine the strength of your case.
Who can I rely on for my motorcycle claim?
When you are preparing to file a motorcycle claim, you are likely overwhelmed by all of the options that are in front of you. You should not feel like you are the only one who is responsible for working through your claim and negotiating with insurance agents. Instead, call the team at Quirk Law Firm, LLP. Our trusted Thousand Oaks motorcycle accident lawyer is waiting for your call.