Montclair Motorcycle Accident Lawyer

Montclair Motorcycle Accident Attorney

Compared to regular car accidents, motorcycle accidents can have deadly consequences for the driver due to the lack of physical protection. Any injuries incurred during the accident can affect you for life. When adjusting to this new reality, it’s important to reach out to a Montclair motorcycle accident lawyer to understand what legal options are available. Pursuing a legal case can help you recover your losses and make your future easier to face.

Choose an Experienced Personal Injury Law Firm in California

After suffering through a traumatic event, you need a strong support system to help you heal. For over 24 years, the personal injury attorneys at Amendt Law have been a part of hundreds of California residents’ support systems. We believe that victims deserve to be financially compensated for their pain. Our lawyers have helped secure:

• $250,000 for a client who suffered injuries from a car accident but was only offered $3,000 from his insurance company
• $215,000 for a client who suffered injuries requiring surgery after falling in a park lot that was improperly lighted and structurally designed

Often, insurance companies will reject an initial claim, leading many victims to accept what’s given to them. Working with a lawyer can put needed pressure on insurance companies to take you seriously and give you what you deserve. Amendt Law offers free consultations to those living in Montclair and the surrounding California cities. Visit our Pomona office today to learn how we can help you.

California’s Laws Surrounding Fault in a Motorcycle Accident

It’s becoming increasingly common for Americans to choose a motorcycle as their vehicle of choice. In 2023, 936,809 motorcycles were registered in California. However, these vehicles remain deadly for their riders, and accidents tend to have severe consequences.

The court that oversees Montclair cases is the Superior Court of California, located at 8303 Haven Avenue in Rancho Cucamonga. When determining how much compensation to award a victim, courts use a negligence system to assign everyone involved in the crash a percentage of fault.

This helps them decide who should pay and how much. Any compensation you win will be reduced by your amount of liability. For example:

• If the driver who hit you was swerving between lanes, they may be assigned 80% fault.
• If you were speeding on your motorcycle at the time of the crash, you may be assigned 20% fault.
• If you’re awarded $100,000, it would be reduced by 20%, making your final compensation $80,000.

While this final amount may seem high, your personal losses may also be substantial. It’s nearly impossible to fight a legal case without understanding the full extent of state and federal law. Be sure to hire a motorcycle accident lawyer to represent your case. They can help you gather evidence and advocate on your behalf.

Types of Damages You Can Pursue in Your Motorcycle Accident Case in Montclair, CA

In 2022, there were 14 victims injured or killed in a Montclair motorcycle crash. When your lawyer files a request for compensation, it will be adjusted for the real losses you have suffered since the incident. These losses are called damages. There are two primary types you can request. Economic damages are based on your financial losses, and can cover:

• Medical bills, such as surgeries, medications, physical therapy, and mental health therapy
• Lost income from missing work due to injuries
• Any damage to your vehicle and other personal belongings, such as your cell phone or clothing

Non-economic damages are based on your emotional losses and can cover pain and suffering and loss of enjoyment of life.

FAQs About Montclair, CA Motorcycle Accident Laws

What Are Punitive Damages?

Punitive damages are a specific type of damage only given in situations where the responsible party acted with intense negligence or malice. This can include situations where the other driver was extremely drunk. The court awards these damages to further punish the wrongdoer and deter any similar actions from happening in the future. Your lawyer can determine if you can request punitive damages.

What Do I Do Immediately After Getting Into a Motorcycle Accident in Montclair?

After getting into a motorcycle accident in Montclair, call 911 and request medical attention, even if you feel okay. While waiting, get the contact and insurance information of the other driver, as well as the contact information of anyone nearby who witnessed the accident happen. During this time, don’t apologize or admit fault for anything. Doing so can hurt your legal claim later on. Then, hire a lawyer to represent you and guide you through the next steps.

Can I Speak to an Insurance Company Without My Lawyer Present?

You can speak to an insurance company without your lawyer present, but be cautious with what you say to them. It can be helpful to write down what you plan to say before the meeting. Only provide basic facts about the accident. Don’t speculate on what caused it or admit any fault. If the insurance adjuster asks you to record a statement or answer questions under oath, only do so when your attorney is there.

What Do I Do if the Other Driver Refuses to Cooperate With Me?

If the other driver refuses to cooperate with you, it’s important to stay calm and not argue with them. If you do, it can escalate things and make it worse for you. Instead, wait for law enforcement to arrive at the crash site, and they’ll be able to collect the information on your behalf. If the other driver tries to flee before police arrive, take a photo of their license plate number.

What Is the Deadline to File My Motorcycle Accident Claim in California?

The deadline to file your motorcycle accident claim in California is two years. While this deadline may seem like a long time, the longer you wait, the more your losses will pile up. Evidence will begin to fade, and the chances of a successful case will shrink. Acting early is the easiest way to protect your rights.

Hire a Montclair Motorcycle Accident Lawyer to Represent Your Specific Case

Reach out to Amendt Law today to schedule your confidential consultation. We offer free consultations at our Pomona office to all new clients and their families. When dealing with the trauma of a motorcycle accident, you need a lawyer who has a specific focus on personal injury law. Our team is dedicated to protecting clients after they’ve suffered injuries due to another party’s negligence.