What To Do After a Bike Accident

Bicycle accidents can be stressful situations, and the injuries may be severe making it difficult for you to remain calm and think clearly. Knowing what to do before a bicycle accident happens is the key to handling the accident correctly and ensuring fair compensation for your injuries and damaged property.

Many cities across the U.S. are starting to create bike lanes and cycling-friendly areas. While riding a bike is great exercise, it comes with risks – just like any other mode of transportation. If you are involved in a bike accident, your immediate actions may impact your recovery and future lawsuits. Here are some tips on what to do after a bike accident:

  1. Before assuming you are fine, take a few moments to slow down, catch your breath, and make sure you can feel all parts of your body. Many cyclists assume they are okay, and stand up, only to bend over again in pain. Take your time getting up, stretching, and assessing any damage before getting back on the seat and pedaling away. Some quick tests include walking back and forth a few times, moving your arms in all directions, and looking up, down, left, and right to evaluate whether you have any pain. If you do, call for help.
  2. If you feel nauseous, dizzy, or see any blood, don’t move around too much. Wait for medical assistance. A quick way to check on whether you hurt your head is to look at your helmet. If it is cracked or bent, consider a checkup with a medical professional as soon as possible since some injuries take a day or more to show up. Confusion or disorientation are signs of a concussion so if you don’t know where you are right away, there’s a chance you have one.
  3. Once you have checked yourself out and concluded you don’t have any serious injuries, check the condition of your bike. Wheels tend to take most of the beating in bike accidents, but make sure your tires are holding air, that the wheels are true, and that there aren’t any broken spokes sticking out. Test out the brakes in case they have jammed up.
  4. Next, look at the position of the brake levers and shifters. It’s usually easy to push them back into place, but riding away without checking may cause you more problems! Assess any damage or misplacement of the chain, and ensure the saddle is firmly attached to the seat post. Finally, inspect the frame for scratches and cracks that may have occurred due to your fall because even minor cracks can cause more damage as you pedal away.
  5. To minimize the injuries sustained with bike accidents, prepare a basic bike kit – especially if you are riding in remote areas, or for an extended period. It should include a multitool, chain link, spare tube, and mini-pump. A few basic first aid supplies are also recommended – bandages and wrappings, for example.

At the Scene of a Bicycle Accident

The best time to gather evidence is at the scene of the accident. Insurance companies need convincing evidence to get an idea of what happened. When gathering evidence, it is best to get as much information as possible and follow these helpful tips:

  • Remain calm
  • Check for injuries: keep in mind some injuries may not be apparent right away
  • Call the police
  • Gather information: insurance information, names of anyone involved in the accident, addresses, phone numbers, car details, license plate numbers, witness information, accident details
  • Take photos: bicycle damage, car damage, accident layout

If your bike crashes into a car, or gets hit by a car, you should go through the steps of a vehicle-to-vehicle accident:

  1. Call the police so they can take an official report. Do not attempt to negotiate with the car driver or entertain the idea of accepting money they may offer to fix your bike. You may not know for several days whether you have actually sustained injuries that cause sprains, whiplash, or joint pain.
  2. Give the police an accurate account of what happened, get the contact information for any witnesses, and swap contact information with the driver. If your accident is serious enough, consider consulting with an attorney to understand what your options are for recovering damages for your property, as well as any medical expenses.

What to Do After a Bicycle Accident

The accident does not end at the scene, what you do after the bicycle accident is just as important as what you do at the scene.

  • Seek medical attention
  • Document the accident in detail
  • Pick up your copy of the police report
  • Get your bicycle inspected and repaired
  • Note all expenses
  • Notify your insurance company of the accident
  • Speak with a lawyer

What to Do if Hit by a Car on Bike?

Being involved in an accident while on your bicycle can be a jarring experience. With cars weighing significantly more than bikes and moving at faster speeds, bike riders are at an increased risk for personal injuries when bicycle crashes with cars occur. Here’s a straightforward guide on what to do if you’re a bike rider hit by a car.

Stay Calm and Prioritize Safety:

  • First and foremost, try to remain calm. It’s natural to feel a surge of emotions, but panicking can cloud your judgment.
  • If possible, move out of the roadway to avoid any further danger.

Check for Personal Injuries:

  • Before doing anything else, assess yourself for any injuries. Not all injuries show immediate symptoms, especially in the adrenaline-filled moments right after an accident.

Contact the Police:

  • Always report the accident. They can help document the scene, which might be crucial if you decide to pursue any legal action later.

Gather Evidence and Information:

  • This includes the driver’s contact and insurance information, details of the car (like make, model, and license plate number), and the contact information of any witnesses.
  • If possible, take photos of your bike, the car, your injuries, and the accident scene.

Seek Medical Attention:

  • Always see a doctor after a bicycle crash, even if you feel okay. Some personal injuries might not become apparent until later, and having medical records detailing your injuries can be essential.

Notify Your Insurance Company:

  • Even though you were on a bike, some insurance policies might cover accident injury from car accidents.

Consult a Bike Accident Attorney:

  • Navigating the legal landscape after being hit by a car can be complex. A bicycle accident law firm specializes in these types of cases and can provide guidance on the best steps to take next.

Remember, while biking offers many benefits, safety should always be a priority. If you ever find yourself involved in a bike accident with a car, know that there are resources and experts, like a bike accident attorney, ready to help you through every step of the process. Riding a bike should be an enjoyable experience, so always be cautious, stay safe, and know your rights.

Common Causes of Bicycle Accidents

Bicycle accidents are on the rise, making it important to be aware of actions that are common factors of bicycle accidents. According to the California Highway Patrol, these are the most common causes of bicycle accidents:

  • Bicycle rider using the wrong side of the road
  • Driver making unsafe left or right turn
  • Bicyclist riding from driveway or sidewalk into path of car
  • Driver opening door as bicycle passes
  • Bicycle rider weaving, leaving edge of road or bike lane
  • Bicyclist making unsafe left turn
  • Bicycle without headlight or reflectors

Securing Justice After a Bicycle Accident: Why a Specialized Lawyer is Essential

If you’ve been injured in a bicycle car accident while riding, the aftermath can be both physically and emotionally overwhelming. In such traumatic times, it’s crucial to have someone by your side who understands the intricacies of such incidents. That’s where bicycle accident lawyers come into play. They have the expertise to ensure you receive the compensation you rightfully deserve. The potential compensation covers a range of needs, including expense reimbursement for medical treatments, repairs for any property damage, and benefits that assist in your rehabilitation process.

Often, bicycle accidents can occur due to reasons beyond the cyclist’s control – maybe a driver was on their cell phone, or perhaps they ran a red light. Regardless of the cause, the consequences for the cyclist can be severe. A specialized lawyer can assist in these complicated situations, navigating the legal maze on your behalf.

Worried about costs? With our network of lawyers, you won’t have to! If you’re unsure about the next steps or with queries about their specific situation, we offer a free consultation.

Don’t be left feeling alone and unsure of where to turn after such a distressing event. Remember, in the immediate aftermath, it’s essential to call 911 and ensure everyone’s safety. And once you’re ready, give us a call.

Our representatives are at your service 24 hours a day, 7 days a week, ready to assist and guide. Let our network of bicycle accident lawyers help put your life back on its rightful track.

SOURCES:

  1. California Highway Patrol. Bicycle Riding. Retrieved December 23, 2014.
  2. Washington Area Bicyclist Association. What to do after a crash. Retrieved December 23, 2014.
  3. Washington Area Bicyclist Association. What to do in the event of a crash. Retrieved December 23, 2014.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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Can You Claim a Car Accident Without a Police Report?

Okay — you’ve been injured in a car accident, but you’re concerned that you can’t claim a car accident without a police report. We understand that the legal dispute process can be confusing and frustrating. So let’s take a closer look at some of these concerns and clarify the process for you!

Claim a car accident without a police report: is it possible?

Yes, it is possible to claim a car accident without a police report — but it isn’t necessarily recommended.

Most insurers don’t require that you have a police report in order to submit a claim, and in a legal dispute with the defendant, you won’t need one to sue. That being said, a police report provides “clear and credible” evidence that can be used to support your injury claims, so it’s a good idea to move forward with one as opposed to without one.

If — for whatever reason — there is no police report, you may be able to construct a strong legal case on the basis of an accident reconstruction analysis, video/photo evidence, and eyewitness testimony. So don’t despair, all is not lost without a police report! Police reports make it “easier” to prove certain facts. They are not the only way to prove those same facts, however.

How do I get a police report after a car accident?

You don’t have to “do” much — so long as there is a law enforcement officer present at the scene of the accident, a police report will be filed. That’s why it’s a good idea to call the police after an accident if they are not already headed your way. Let them know about the accident and — if you don’t have a medical emergency — wait for them to arrive.

Later on, you and your attorney will be able to request the official police report. Given how simple it is to ensure that a police report is completed, it’s worth avoiding any situation in which you’re attempting to claim a car accident without a police report.

How long after an accident can you file a claim?

How long you have to file a claim varies from state-to-state, and based on the type of claim that you’re attempting to file. Claim deadlines are referred to as “statutes of limitation,” and they are a critical piece of the injury dispute puzzle.

Be aware that deadlines are quite variable. In California, for example, you generally have a deadline period of two years (from the date of the accident). In Florida, by contrast, you generally have a deadline period of four years (from the date of the accident). Of course, if you have a claim against a government entity, you may be hit with a number of shorter-term procedural deadlines, so keep that in mind!

If you “miss” a statute of limitation deadline, then the claim will be deemed abandoned and you won’t be able to pursue legal compensation in court. This is a severe outcome, so it’s important that you consult with an attorney early on and file your claims in a timely manner.

That being said, if you have missed a deadline, it’s worth noting that some exceptions do exist that allow the deadline to be extended. These can be quite complicated, and fact-based, so we encourage you to speak to an attorney about this possibility before making a decision on whether to pursue or give up on your claims.

Compensation for car accident injuries

How much compensation are you potentially entitled to recover? This can vary substantially from case-to-case, as damages compensation is meant to cover “losses” — and not every injury victim suffers the same amount of loss. For example, a highly-paid employee who can’t work for a year will be able to claim a greater amount of wage loss than an unemployed individual.

Damages that you can potentially claim include:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship
  • And more

On rare occasions, where the defendant acted egregiously, intentionally, and/or maliciously, the court may choose to award bonus “punitive damages.” These act as a multiplier on your standard damages total. So if your damages total $100,000, then you could be awarded as much as $700,000 in punitive damages. That’s a substantial increase, so it’s worth exploring this option with your attorney.

What is compensation for pain and suffering?

Pain and suffering is a damages subcategory that may comprise a significant percentage of the damages total in many cases. It is meant to account for the many negative physical and psychological experiences that an injury victim goes through — for example, the pain felt when their bones were fractured in the collision, as well as the emotional suffering they experienced when unable to engage in the lifestyle activities that once brought them joy.

As pain and suffering can be difficult to measure, attorneys rely on expert witnesses who can testify as to the impact of the injuries on the victim. Skilled attorneys know how important this part of the process is. They gather persuasive experts and work with them to develop a cohesive strategy. This makes for effective attorney advocacy.

Hiring an injury attorney: the basics

Learning about how to proceed with your dispute — and the things to avoid, like attempting to claim a car accident without a police report — can feel overwhelming. There’s so much to keep track of, from deadlines to strategic considerations! That’s one reason why it’s so helpful to work with an attorney early on in the dispute process. They’ll not only provide ample guidance throughout every stage of the case, but will ensure that all the procedural and strategic aspects are taken care of in a timely manner.

Attorneys are more than just persuasive advocates. They take on a variety of responsibilities over the course of a dispute, including:

  • Investigating the accident scene
  • Reporting the accident to the relevant authorities
  • Identifying potential eyewitnesses
  • Gathering and preserving evidence
  • Submitting an initial demand
  • Handling sensitive communications on behalf of the client (insurer, defendant, etc.)
  • Negotiating a potential settlement
  • Filing claims in a timely manner
  • Navigating procedural issues as they arise
  • Strategically handling hearings and other legal proceedings
  • Pushing the case to trial, if necessary
  • Collecting compensation for the client
  • And more

Phew! That’s a lot.

What many people don’t realize, however, is that most injury attorneys operate on a contingency basis. This means that they only get paid if you do. If they successfully obtain compensation on your behalf, then they’ll take a percentage cut of that recovery. Otherwise, they won’t take anything. That’s zero upfront cost for skilled legal representation. It’s a win-win dynamic!

If you’ve been injured in a car accident, then you may be entitled to sue for compensation. It’s important that you explore all your options, as the potential payout can help cover many of your losses, from medical expenses to lost wages, and more. That being said, we understand just how overwhelming it can be for a first-time plaintiff. It can be even more nerve-wracking if you haven’t done everything “perfectly,” like if you’re attempting to claim a car accident without a police report.

Here at 1-800-THE-LAW2, we operate an extensive legal network with experienced attorneys who are standing by to provide a free case evaluation. Contact us today to connect to one of our agents, who will ask a few questions before routing you to a car accident attorney who can potentially handle your case. During the initial consultation, you’ll get an opportunity to talk about your situation and get guidance on how best to proceed.

We look forward to assisting you!

How Much To Expect From A Car Accident Settlement in California

If you’ve been injured, then you could be entitled to sue and potentially obtain a recovery through a car accident settlement in California. Settlements are extremely common, but are not well understood by the public. Let’s take a look at how settlements work, and what you can expect to encounter as you explore the possibility of a settlement to resolve your car accident dispute.

Interested in speaking to experienced car accident attorneys about your case? Contact us at 1-800-THE-LAW2 to get connected to an attorney in our network who can offer you a free consultation. During this consultation, they’ll evaluate your case and give you an idea of what you can do to move forward with your car accident settlement in California.

Why are settlements so common?

Popular entertainment (books, TV, movies) has created a public perception that most cases are litigated all the way through to trial. But that’s not true to reality. The vast majority of disputes are resolved through a negotiated settlement, and these settled disputes never actually advance to trial.

Industry observers estimate that more than 95 percent of legal disputes result in a settlement outcome. So why are settlements so common?

Settlements are considered to be a solution to the inherent uncertainty that is associated with a legal dispute. Yes, even strong cases can lead to unfavorable outcomes at trial. For example, you could win your case, but the court might find that your damages claim is excessive. They might award you a much lower damages amount than expected. That is still an unfavorable outcome, and the risk may be more than you’re willing to deal with.

The risk and uncertainty of trial is particularly troublesome given that trial requires additional time, resources, and energy. It is also very public, and could lead to negative publicity.

Parties often decide to negotiate a settlement. This accounts for “likely” trial outcomes, and minimizes the risk, uncertainty, and cost of trial. For example, if you can convince the defendant that you have a 100 percent likelihood of proving liability at trial, but only a 50 percent likelihood of establishing damages of $100,000, then a settlement of $50,000 would be reasonable — and it would avoid the hassle of continuing with litigation.

Factors influencing the settlement amount

Settlement offers will increase if you can persuade the defendant(s) that liability is certain, and that the damages are accurate. Factors that influence the settlement amount include:

  • Strength of evidence in support of claims
  • Hostility of the defendants
  • Obviousness of liability
  • Severity of injury
  • Negative publicity associated with the dispute
  • Financial resources available to the defendants
  • And more

How long does it take to settle a personal injury case in California?

Settlements vary in terms of how quickly they resolve. Some can take as little as a few days, and others can take a few years. There is no default timeline for a case settlement. That being said, a number of factors can influence the settlement timeline:

  • Hostility of the defendants
  • Obviousness of liability
  • Severity of injury
  • Negative publicity associated with the dispute
  • Financial resources available to the defendants
  • And more

For example, a hostile defendant may drag a case all the way to trial. They’ll do this to avoid giving you an “easy win” through a settlement. By contrast, a small business defendant who wants to avoid the negative publicity of a lawsuit might offer an early settlement so that the situation doesn’t get widely reported and affect their business.

How much do accident lawyers charge in California?

Most plaintiffs’ accident lawyers work on a contingency basis. Contingency fees don’t have to be paid out in every case. These fees only have to be paid out if (and when) you receive compensation for your claims. It doesn’t matter whether you’ve secured compensation through a settlement, insurance payout, trial award, etc.

Contingency fees are charged as a percentage “cut” of the total payout you receive. This percentage cut can vary from attorney to attorney. For example, if you receive a $100,000 settlement, your attorney might take a 30 percent cut of that as a contingency fee. By contrast, you’d pay zero if a settlement was not reached. There’s no risk of “losing money” for pursuing a case.

Contingency fees create a win-win dynamic. Attorneys are incentivized to not only obtain compensation on your behalf, but also to do so efficiently. They also have a reason to maximize the amount they are able to secure, as this helps them get a larger payout for themselves. Improving the outcome of your car accident settlement in California is critical to securing the compensation you deserve.

How long do I have to file a lawsuit after a car accident in California?

The statute of limitations deadline for negligence-based injury claims (typical of a standard car accident dispute) in California is two years from the date-of-injury. Of course, unique circumstances can make for different types of claims that have different deadline periods.

If you do not file a lawsuit within the applicable deadline period, then California courts will automatically dismiss the claims and you will be unable to secure a legal recovery. These consequences are severe, so pursue your claims in a timely manner, and seek the assistance of a qualified attorney as soon as possible after a car accident.

Can I claim for personal injury if the accident was my fault in California?

Yes, you can. California imposes a doctrine known as pure comparative fault. Under this doctrine, the injured plaintiff can make a claim for damages, even if you are partially at-fault. In fact, you are entitled to do so even if you are 99 percent at-fault! However, do bear in mind that your compensation will be reduced by the percentage fault that you have contributed in the accident. So, for example, if you have a total damages claim of $100,000, but you are 60 percent at-fault, you’d only be able to recover a maximum of $40,000.

How do you calculate damages?

Damages vary from case-to-case. They are measured by tallying up all the relevant losses that you suffered due to the car accident. Losses include, but are not limited to the following:

  • Lost wages
  • Loss of earning capacity
  • Medical expenses
  • Property loss
  • Pain and suffering
  • Loss of enjoyment of life
  • And more

Let’s use an example to clarify how it all works.

Suppose that you suffer a serious back injury in a car accident. This causes you to miss a year of work. Your salary is $50,000 annually. The wage loss claim alone is $50,000, and this doesn’t account for thousands of dollars that would be attributable to medical expenses, pain and suffering, and other losses. By contrast, an unemployed person would not have a wage loss claim at all, resulting in a lower damages claim.

If you’ve been injured in a car accident in California, then you could be entitled to sue for compensation under the law. Pursuing a legal recovery can be rather complex, however, as there are many strategic challenges that can develop over the course of the lawsuit and settlement process. We encourage you to work with experienced car accident attorneys who can help you navigate these issues and potentially secure compensation on your behalf.

Contact 1-800-THE-LAW2 today to get connected to a qualified local attorney in our legal network. They’ll be able to provide you a free initial consultation, during which you can have your case evaluated. The attorney will also provide guidance on next steps so that you know what your options are.

There’s no obligation to continue if you decide against it, so don’t delay! Get in touch as soon as possible to get started with securing a car accident settlement in California.

Restaurant Slip and Fall Lawsuits: What to Expect and How to Prepare

If you’ve been in a slip and fall injury, then chances are that you’re considering a slip and fall restaurant lawsuit. This can be a confusing area of law for many first-time plaintiffs, as the strategic aspects of the injury claim can be quite different from other injury disputes, such as car accidents. Slip and fall injury lawsuits tend to involve a number of complex factors, such as employer-employee relationships, industry expectations, and plaintiff-related responsibilities.

Given the unique nature of slip and fall restaurant lawsuits, it’s important to seek the assistance of an experienced attorney. An attorney can help you navigate the dispute process after you’ve had a slip and fall in a restaurant. Contact 1-800-THE-LAW2 to get connected to a qualified attorney in your area for a free consultation.

How Liability Works In a Slip and Fall Lawsuit: The Basics

If you’ve had a slip and fall in a restaurant, then you’ll need to establish the defendant’s (i.e., the business owner/operator) liability to make a claim for compensation. To do so, you’ll have to show that they were negligent in creating or failing to correct a dangerous condition of property (otherwise known as a hazard) that caused you to be injured. In the restaurant context, this could be a liquid spill, or even a serious lack of lighting in the parking lot of the restaurant at night.

However, restaurant owners do not have an unlimited responsibility for all hazards. They can only be held liable if they knew or should have known about the hazard’s existence. Further, the injured plaintiff may have had their own responsibilities, such as avoiding an obvious hazard.

Let’s take a closer look.

Obvious Hazards

If you enter onto a property, you have a responsibility to avoid “obvious” hazards. For example, imagine that there’s a massive electricity hazard with blinking lights and bright colors. If a reasonable person would notice it and step around it to avoid the hazard, then you can’t step on it and claim that the property owner is liable for the resulting injuries.

Length of Time Hazard Was Left “Unfixed”

In slip and fall lawsuits, the defendant may argue that they should not have been expected to “cleanup” or “fix” the hazard that caused the accident — as perhaps the hazard was only in existence for a brief period of time, before they had an opportunity to identify and fix it. This can be an effective defense to a slip and fall restaurant lawsuit.

That being said, courts will evaluate whether it was reasonable for the hazard to exist “uncorrected” by determining what the norm is in the defendant’s industry. This can be a little difficult to digest, so let’s use an example to clarify.

Suppose that you’re injured in a slip and fall at a fast food restaurant, due to a puddle of liquid on the ground. It turns out that someone had dropped their coke soda, spilling it all over the floor of the restaurant. Instead of putting up a hazard sign and/or cleaning it up, though, the employees allowed the spilled soda to stay on the floor for an hour. This led to you slipping and falling.

Now, a court would consider whether, for a fast food restaurant, a one hour delay inspecting the floor and clearing the hazard is enough. Very likely, however, they would consider it to be too-long of a delay. Most fast food restaurants have more frequent floor inspections, and you could potentially use that to counter the defendant’s argument, thereby imposing liability on them.

How Much Injury Compensation Will I Get?

There’s no “default” expectation for how much injury compensation you’ll get in your slip and fall restaurant lawsuit.  Every case is different, and the amount you’re entitled to recover will depend on a number of factors. Damage claims tend to be higher when the injuries are more severe (and therefore more impactful on one’s lifestyle).

For example, suppose that you have a severe back injury after a slip and fall, and it prevents you from working for a year.  Your job pays $70,000 annually.  The wage loss claim is going to be rather significant, likely hovering around $70,000.  By contrast, if you’re unemployed, then your wage loss claims would be nonexistent.

Damages fall into a number of different categories.  Losses that count towards your damages claim total include, but are not limited to:

  • Medical expenses
  • Wage loss
  • Loss of earning potential
  • Property loss
  • Pain and suffering
  • Loss of quality of life
  • And more

How Long Does It Take To Negotiate A Settlement?

Most legal disputes end in a negotiated settlement — in fact, some industry observers have estimated that over 95 percent of disputes end in a settlement. But settlements are as varied as the cases they’re linked to. Depending on a number of different factors, settlements can be resolved quickly or can be delayed. It’s not uncommon for a settlement to be negotiated within a month of contacting an attorney, but it’s also entirely possible for a settlement to take a year (or more)!

Sometimes these factors are within your control, but in many cases, they aren’t. So don’t assume too much about how long it will take for a settlement to be negotiated. Just be open and engaged with the process.

For example, a “delayed” settlement may occur if liability is questionable, the damages are high, and the defendant is acting hostile and aggressive. All these factors together can lead to a lengthened negotiation period, especially if the defendant is not putting forth any reasonable settlement offers.

How Long Do You Have To Make A Claim For A Fall?

The length of time that you have to “file a lawsuit” for a slip and fall varies from jurisdiction to jurisdiction. Every state has different laws that apply. These laws are known as statutes of limitation, and they establish a deadline by which you must file the claims associated with your lawsuit. If you do not do so before the deadline passes, then the courts will automatically dismiss your claims — you won’t have legal recourse to compensation.

Deadlines can be as short as two years (from the date of injury). Given how severe the consequences are, it’s critical that you file your claims within the applicable period. An attorney can help you with that, as it’s one of their core responsibilities to help you navigate your case in a timely manner.

That being said, if you do miss the deadline, all is not necessarily lost. Exceptions do apply in some cases. You’ll want to speak to an attorney about whether you might still have an actionable claim.

If you’ve been injured in an accident that was not your fault, then you could be entitled to monetary compensation. Bringing a legal claim against the defendant can feel overwhelming for those who aren’t familiar with the dispute process, and who may have anxiety about whether there will be a positive outcome. That’s why it’s important to work with an attorney who can provide detailed, professional guidance from start-to-finish.

Contact us at 1-800-THE-LAW2 to get connected to a qualified attorney in your area in just 10 minutes or less. We operate an extensive legal network of skilled attorneys who can provide a free legal consultation regarding your accident case. Best of all, the attorneys in our legal network offer their legal services on contingency — so you don’t pay until and unless you win compensation.

What Are Potential Hit and Run Consequences? | Attorneys for Car Accidents

This article can help to answer these questions about hit and run consequences: What is a hit and run? | What are the charges for a hit and run? | Is a hit-and-run a felony or misdemeanor? | How many points for leaving the scene of an accident? | What evidence is needed to convict a hit and run?

Hit and run car accidents are a concerning and serious issue that can lead to both minor and major legal consequences. From minor hit and run charges to potential felony offenses, understanding the evidence needed to prove hit and run, along with the associated penalties, is crucial for both the driver of a vehicle and the victims involved.

In California, hit and run consequences can range from misdemeanor hit and run charges, leading to fines and county jail time, to more severe punishments depending on the circumstances of the auto accident. 

How serious is a hit and run? The penalties can affect everything from car insurance rates to legal standing, making it essential to call the police and law enforcement at the scene and cooperate fully with the insurance company. 

In this article, we will explore the various facets of what is the penalty for hit and run, looking into the legal ramifications and the importance of understanding your auto insurance policy and legal responsibilities.

If you are a victim of a hit-and-run accident, consult with a qualified hit and run lawyer for guidance. Contact 1-800-THE-LAW2 today to schedule your free consultation.

What Is a Hit and Run?

A hit and run is generally defined as being involved in a car accident, either with another vehicle, a motorbike, or even pedestrians. Then, leaving the scene of the accident without stopping to identify oneself, or to provide aid to anyone who might need assistance.

Common hit and run circumstances include:

  • Drivers causing serious injury to a pedestrian and fleeing the scene because he or she was driving with a suspended license from a previous DUI charge and did not want to be charged for another offense
  • Drivers hitting a parked car and leaving the scene to avoid paying for property damage
  • Drivers hitting police cars that have been set up as part of a roadblock to avoid getting in trouble

Fleeing the scene of an accident has serious consequences. All drivers should think twice before leaving the scene of any accident they have been involved in.

Hit and Run Charges

What Is the Penalty for Leaving the Scene of an Accident?

In most states, including California, the act of leaving the scene of an accident—whether the driver of a vehicle caused the hit and run car accident or not—can lead to serious legal consequences. The fact that a party left the scene is usually enough to face hit and run consequences, ranging from misdemeanor hit and run charges to felony offenses, depending on the severity of the damage and injuries involved.

An exception to this might occur if someone left the scene to get help, provided that he or she returns immediately. This underscores the importance of understanding how serious a hit and run can be, and why it is essential to call the police or other law enforcement immediately after an auto accident. Failing to do so can lead to difficulties with both the legal system and insurance companies. The evidence needed to prove a hit and run might involve witness testimony, surveillance footage, or physical evidence at the scene.

In California, the hit and run consequences can be particularly stringent, affecting everything from car insurance premiums to one’s criminal record. Penalties might include fines, county jail time, increases in auto insurance rates, or the suspension of a driver’s license. Cooperation with law enforcement and your insurance company, along with a clear understanding of your rights and responsibilities, can be crucial in navigating the complex landscape of hit and run charges.

Major vs. Minor Penalties

Is a Hit and Run a Felony or Misdemeanor?

Hit and run consequences vary from state to state. Many states classify the charge as either a felony or misdemeanor depending on specific circumstances. Felony charges tend to be imposed in instances where a person has suffered any kind of injury, whether the injured person was a pedestrian or occupant in another vehicle. 

Guilty persons may be fined anywhere from $5,000 to $20,000. In addition, they may face the possibility of jail time of up to 15 years. A misdemeanor offense, while less severe than a felony, is punishable by a fine of up to $5,000 and also up to one year in jail.

License Points

How Many Points for Leaving the Scene of an Accident?

In addition to criminal consequences of a hit and run, almost every state imposes administrative penalties related to the person’s license. Any conviction will usually result in automatic suspension, or even revocation of the driver’s license for about six months. Some states impose the suspension for as long as three years. Other states impose the suspension for a lifetime, depending on the circumstances of the accident.

At-fault drivers may also be subject to civil cases. An injured party can file an injury claim for damages to their property. They may also be able to file for compensation for medical treatment and lost wages.

What Evidence is Needed to Convict a Hit and Run?

In a criminal trial, a prosecutor must usually prove the following facts to find someone guilty of a hit and run:

  • While driving, the defendant was involved in the vehicle accident
  • The accident caused serious injury, permanent injury, or death to someone else
  • The defendant knew he or she was involved in the accident that caused injury to someone else, or knew that injury was probable given the circumstances of the accident, AND he or she willfully failed to perform one or more of the following duties:
    • To stop immediately at the scene
    • To provide reasonable assistance to any injured persons
    • To give involved parties or authorities their contact and vehicle information; if not their vehicle, to provide the details for the owner of the vehicle; to provide the name and details of injured individuals in his or her vehicle; to show a driver’s license upon request at the scene; to notify authorities without unnecessary delay to fatalities as a result of the accident.

The Bottom Line

The hit and run consequences in states across the United States, and especially in California, are severe and multifaceted. Whether it’s a minor hit and run charge or a felony offense, the legal system treats these incidents seriously. Drivers involved in an auto accident must understand the importance of remaining at the scene, calling the police or other law enforcement, and cooperating fully with their insurance company.

Leaving the scene of an accident, regardless of who is at fault, can lead to substantial penalties, including fines, county jail time, increases in car and auto insurance rates, or the suspension or revocation of a driver’s license.

The evidence needed to prove a hit and run includes not only physical evidence but also witness testimony and surveillance footage, reflecting the complexity and gravity of these charges. Civil liabilities may also arise, including injury claims for property damage, medical treatment, and lost wages.

If you’re involved in a hit and run car accident, whether as a victim or a driver, understanding these consequences and your legal responsibilities is vital. Legal advice from qualified attorneys specializing in hit and run cases can be an invaluable resource in navigating this complex legal landscape. 

Call 1-800-THE-LAW2 to Find a Hit and Run Lawyer Near You

After a hit and run accident, you may still be eligible for accident compensation. Let our personal injury attorneys make the litigation process easier for you. Contact us today to schedule your free consultation.

From Wreck to Check: Car Accident Case Timeline

Car accidents are a common occurrence on California roads, and accident claims can be stressful and overwhelming, especially if you’ve been injured. If you’ve been involved in a car accident, it’s important to know what steps to take to protect your legal rights and ensure that you receive the compensation you deserve. In this blog post, we’ll walk you through the car accident timeline and provide tips on how to navigate the process.

Immediately After an Auto Accident

The first thing you should do after an auto accident is to make sure you and everyone involved are safe. If anyone is injured, call 911 or head to a healthcare facility as soon as possible. You should also call the police to report the accident and have them come to the scene of the accident to make a report. The police report will be an important piece of evidence in your case.

Exchange Information

Make sure to exchange information with the other driver involved in the accident, including their name, contact information, insurance information, and badge number if they are a police officer. Also, try to get the contact information of any witnesses who saw the accident happen.

Assess the Extent of Your Injuries

Even if you don’t think you’re injured, it’s important to get checked out by a medical professional. Some injuries may not show up immediately, and getting prompt medical attention can also help your case if you decide to file a claim. For example, if you don’t follow through by securing medical attention, then the defense may argue that you weren’t “really” injured – had the accident been serious, you would have gone to a doctor, right? Avoid this argument by making sure you see a medical professional and follow their advice closely.

Timeline to Report a Car Accident

In California, you must report a car accident to the DMV within 10 days if there was property damage of $1,000 or more or if anyone was injured or killed. Failure to report the accident can result in fines and other penalties.

File a Claim with Your Insurance Company

After the accident, you should file a claim with your insurance company as soon as possible, but we encourage you to consult an attorney BEFORE any communications with your insurer. Why?  Insurers will do everything they can to gather information that they can use to deny your claim or underpay you for your claim. Attorneys can handle communications on your behalf, preventing you from disclosing sensitive information that could reduce your payout. Your attorney will provide the insurer with all of the information gathered at the scene of the accident, including the police report, contact information for the other driver, and any witness statements.

Car Accident Lawsuit Timeline

If your insurance company is unable to provide you with a satisfactory settlement, you may need to file a car accident lawsuit. The timeline for a car accident lawsuit can vary depending on the complexity of your case, but in general, it can take anywhere from several months to a few years to reach a settlement or resolve the dispute at trial.

Demand Letter

Before filing a lawsuit, your attorney will send the defendant a demand letter. A demand letter is a formal letter that outlines the damages you suffered as a result of the accident and the compensation you are seeking. This sets the expectations for a potential settlement and is a critical part of the process for securing compensation.

Car Accident Settlement Timeline

If the defendant agrees to a fair settlement, the timeline for receiving your settlement check can vary. It may take several weeks or even months to receive your settlement check, depending on the circumstances of your case.

Contact Information

If you’ve been involved in a car accident and need help navigating the legal process, it’s important to contact an experienced car accident lawyer. A lawyer can help you understand your legal rights and work with you to build a strong case. Lawyers don’t just argue in court like on television – they are comprehensive advocates, who investigate the accident, gather evidence, coordinate with medical and accident experts, and negotiate settlements. All this is in addition to their ability to take the case to trial, if necessary.

Takeaways

Car accidents can be traumatic and overwhelming, but understanding the car accident timeline is something you can do to take control. This basic understanding will help you protect your legal rights and improve the likelihood that you’ll take the steps necessary to obtain proper compensation.

If you’ve been involved in a car accident, be sure to take the necessary steps, including reporting the accident to the police, exchanging information with the other driver, and filing a claim with your insurance company. And if you need legal help, don’t hesitate to contact an experienced car accident lawyer.
If you are ready to take the next step in pursuing a car accident case, request a free consultation with a car accident lawyer in our network today!

Bodily Injury Claim | 4 Ways a Personal Injury Lawyer Can Ensure You Get Full Value

Topics and Questions this article covers: What factors affect a personal injury settlement? | How is settlement value calculated for bodily injury claims? | Why it is good to have a lawyer for a bodily injury claim? | How do I maximize my personal injury claim? | Get a free consultation with a personal injury lawyer near you

When a motor vehicle accident occurs, the injury victim may have a complex damage claim that involves both property losses and bodily injury-related losses.  Getting fully compensated therefore requires a high-level of skill and experience. 

Maximizing your compensation is extremely important — especially in cases where you’ve suffered severe injuries.  Why?  Severe injuries can impact everything from work, to lifestyle, and more.  This can disrupt your life heavily.  The ongoing burdens can be too much to bear.  Obtaining a “small” compensation in return may not be enough to help. 

That’s where a personal injury attorney comes in.  Experienced attorneys are relentless advocates who will stop at nothing to secure the maximum possible compensation on your behalf. 

Let’s take a look at what they do, and how. 

Factors of a Personal Injury Settlement

What Factors Impact Injury Compensation? 

In the vast majority of cases, injury victims receive significantly more compensation when they hire an experienced personal injury lawyer. 

Other factors that can impact how much a victim can receive for their claim include: 

  • The type and severity of their injuries 
  • The pain and suffering they experience 
  • The value of their property damages 
  • Their medical bills and expenses 
  • The insurance policy limits of any applicable insurance policies 
  • If more than one party was at fault for the accident 
  • The jurisdiction where the lawsuit is or would be filed 

How is Settlement Value Calculated? 

How much compensation injury victims receive depends on a combination of their claimed economic and non-economic damages. 

Economic damages reflect purely financial losses, such as lost wages, property loss, and medical expenses. Economic damages are somewhat “easy” to measure, though they do require extensive documentation to support the claim. 

Noneconomic damages reflect non-financial losses, such as pain and suffering, mental anguish, and quality of life degradation.  These can be significantly more difficult to measure, and skilled attorneys know how to persuade the court as to the “accuracy” of their calculation. 

Now, how do you know what you’ll get in a settlement?  Essentially, settlement is a reflection of the “risk” in litigating the claim all the way through to trial. 

The more likely it is that you’ll “win” your claim if it were to go to trial, and secure the damages that you’re claiming, the higher the settlement amount is likely to be. 

For example, suppose that you’re claiming $100,000 in damages in a car accident dispute.  The defendant acknowledges early on that they were at fault (so there’s a 100 percent chance that they will be found liable in court).  But they disagree that you suffered $100,000 in damages, instead saying that you suffered only $50,000 – and it seems like there’s a 50 percent chance that your damages claim will accepted by the court. 

Given these factors, a settlement splitting the difference ($75,000) would be fair to both sides, as it avoids exhausting and uncertain litigation while reaching a reasonable compromise based off expectations. 

The Importance of Having a Lawyer for Your Bodily Injury Claim

Why Hire a Personal Injury Lawyer?

Personal injury lawyers take many steps and have many ways to ensure you get the full value of your injury claim. Four of the most essential ways a personal injury lawyer can help are: 

  1. Knowledge and experience in personal injury law and bodily injury claims
  2. Highlighting the strengths of your injury case
  3. Negotiation skills
  4. Protecting their client from insurance companies

Knowledge and Experience 

Personal injury attorneys bring invaluable knowledge and experience to the table. Based on their experiences and recent cases in your area, they have a good idea of how much your claim is worth. With this knowledge, they can hold out for a reasonable settlement offer from the insurance company. However, you likely don’t have the background to know what your claim is worth and therefore run the risk of settling for much less than you deserve. Discussing your case with an attorney first is always a priority before speaking with an insurance claims adjuster.  

Highlighting the Strengths in Your Personal Injury Case 

Your lawyer will look for the strengths in your case and highlight them to the insurance company. For instance, if you were in a car accident and the driver who hit you was driving on a revoked license or had several accidents in the past, and you have a clean driving record, your attorney can use this to your advantage. At the same time, they can point out the weaknesses in the at-fault party’s claim, which can also give you more leverage for a higher settlement.  

Negotiation Skills 

Experienced attorneys know how to negotiate. They know the strengths and weaknesses in both sides of the case and point out the ones they can use to your benefit when working on negotiating a fair settlement. They anticipate the insurance company’s moves and know how to refute their arguments. A good attorney isn’t afraid to stand up for their client’s rights and advocate for them.  

Protecting You from the Insurance Company 

Insurance companies use many tricks and tactics to attempt to pay less than the full value of a claim or to shirk their responsibility to pay it all. For example, they can ask you for a recorded statement about your accident and injuries. Even though you are under no obligation to provide such a statement, they can make it seem necessary to process or expedite your claim. If you agree to one, they can ask you questions and manipulate your answers or ask you leading questions that are designed to get you to say things that justify a lower settlement offer or a complete denial of your claim. 

How Do I Maximize My Settlement? 

Injured parties can take many actions to help maximize their settlement. 

First, they should seek medical care as soon as possible. They want to get all injuries documented on the medical record. Then, they need to hire a reputable personal injury attorney. Cooperating with their attorney and getting them any necessary information when they ask for it will help maximize and expedite your claim. Other actions you can take to help maximize your personal injury settlement include: 

  • Following your doctor’s medical advice 
  • Collecting evidence 
  • Keeping records, bills, and receipts to submit to your attorney 
  • Avoid speaking to the insurance adjustor without your attorney present 
  • Don’t accept a settlement without first speaking to an attorney 

Maximize Your Settlement by Getting Legal Help Today 

Call us at 1-800-THE-LAW2 or complete the form here to get connected to an experienced personal injury attorney in just 10 minutes or less. They will assess your bodily injury claim and discuss your next steps to get you on the road to obtaining the accident compensation you are entitled to receive for your personal injuries. Consultation is free, so don’t delay! 

How Do Contingency Fee Arrangements Work in Personal Injury Cases? | Personal Injury Lawyer Near Me

Concerns over the “affordability” of a lawyer often deter many people who need legal help. 

The affordability of legal assistance is an especially important issue for those who have sustained physical injuries, as they may have to take unpaid time off work (and are burdened by medical expenses, too). 

Fortunately, this concern isn’t a real one. Most personal injury attorneys work on a contingency fee basis, unlike other attorneys. As such, they don’t cost any money out-of-pocket. They only get paid when you get paid. 

Simply put, most personal injury attorneys are “free” until you get paid, at which point you give them a percentage cut of your compensation (anywhere from 25 to 35 percent, usually). This makes legal assistance extremely accessible to everyone, regardless of income. 

And what happens in the event that your attorney isn’t able to successfully secure compensation for your injuries? Good news. You don’t owe them anything. Not a dime. 

When Do You NOT Need an Attorney After an Accident? 

You ALWAYS need an attorney. No, seriously. You should ALWAYS speak to an attorney after an accident, even if just to have your case evaluated to determine whether you have an actionable legal claim. 

If you don’t, you’re leaving money on the table. And the thing is: it doesn’t cost anything to speak to an attorney and have your case evaluated. So why would you NOT have a brief discussion and see where it leads? 

It’s better to have an experienced attorney review the details of your accident and potential injuries to determine if you have a valid claim than to move forward without a legal opinion, thus leaving money on the table (that you deserve to receive in compensation for your damages). 

Most personal injury attorneys don’t charge an initial lawyer consultation fee, so it costs you nothing to find out if you have a claim for compensation.  

Even if you don’t think you have the money to pay an attorney upfront, with 1-800-the-law2, you don’t pay unless our attorneys secure compensation on your behalf. Contingency fees ensure that you can pursue your claim without any initial costs whatsoever. 

What is an Attorney Retainer? 

Typically, attorneys who will be doing ongoing work or an undetermined amount of work for their client will ask for a retainer agreement, and will charge both a baseline “retainer” fee as well as hourly fees. This type of arrangement is common with business and family law attorneys. However, most personal injury attorneys don’t charge retainer fees or hourly fees. Instead, most personal injury attorneys work on contingency.  

Contingency Fees 101 

Contingency fees require no upfront or out-of-pocket payment. Instead, you sign an agreement that the lawyer will represent you through the resolution of your personal injury claim. In return, you agree to pay them a certain percentage of the compensation you receive when you receive it. Usually, this is between 25 to 40 percent, but it can vary depending on many different factors.  

If the lawyer doesn’t obtain compensation on your behalf, then you don’t pay anything. 

This is quite different from having a lawyer on retainer, where you agree to pay them no matter the outcome. With contingency fees, the risk is 100 percent on the attorney. You don’t take on any of the risk burden. 

How Important is a Good Lawyer? 

Hiring a skilled lawyer to represent your injury claim is imperative. After all, a skilled attorney is more capable of securing a financial recovery on your behalf. Ready to call a car accident lawyer? Here are 4 things to look for.

What Sort of Qualities Define “The Best Car Accident Lawyer” for a Personal Injury? 

You want a lawyer who is highly experienced in personal injury law, particularly in representing clients who have injuries similar to yours or whose injuries were caused by a similar situation, such as a car accident or a slip and fall. You also want an attorney who: 

  • Works on contingency fees 
  • Has a positive reputation 
  • Enjoys good online reviews 
  • Is in good standing with your state bar 
  • Demonstrates compassion and understanding 
  • Is a skilled negotiator 
  • Stands up to big insurance companies  
  • Is willing to take your case to trial if it becomes necessary 
  • Has the time and resources to manage your case now 
  • Will return your calls promptly 

Do You Need to Retain an Attorney for Your Personal Injury? 

Remember that even if you don’t think you have a claim or believe your injuries are minor, it’s always in your best interest to speak with a personal injury attorney to clarify your legal rights and options. You could be owed compensation for your injuries and damages. If you don’t have a qualified attorney review your case, you may never know. 

Call us at 1-800-THE-LAW2, or complete the form on this page, to get connected to one of our skilled attorneys in just 10 minutes or less. Thanks to contingency fees, you won’t have to pay anything out of pocket to get started. 

Frequently Asked Questions About Contingency Fees

What is the standard contingency fee for an attorney?

In most cases, personal injury contingency fee percentages hover around 33 percent. Many contingency fee agreements are based on a sliding scale percentage that may shift depending on: the expected payout, how long it takes to resolve the personal injury claim, and the phase of litigation.

Do contingency fees include expenses?

If you don’t have insurance, or if your providers are refusing to cover the costs, your attorney can possibly get you connected to medical providers who will bill you on a contingency basis. This means that the medical provider agrees to provide care temporarily, at no cost. They will be paid later, if and when you secure compensation in your personal injury case.

How much do attorneys cost?

Hiring an attorney for your accident injury claim does not cost anything up front. First, most personal injury law firms offer a free initial consultation to get started. Using this, you can get a fresh, professional perspective on your legal case. And, know how to best move forward. Secondly, in personal injury disputes, attorneys offer some type of contingency arrangement. This creates a win-win situation for both the injured individual, as well as the civil attorney.

What is a retainer fee for a lawyer?

Attorney retainer fees are not the same as a contingency fee. For more information about the process and meaning for this term and how it differs from contingency fee arrangements, see this article section: Lawyer Retainer Fee.

Ready to Call a Car Accident Lawyer? Here Are 4 Things to Look For | Car Accident Attorneys

Car accidents are among the most common types of personal injury claims, that’s fairly unsurprising to most people. After all, even minor car accidents can leave victims with serious injuries and expenses. 

Thankfully, the law entitles car accident victims to pursue compensation. That being said, you don’t want to move forward alone. It is important to work with an experienced attorney, they can help you navigate the complex, and often confusing, legal process.

When Should I Call a Lawyer After a Car Accident?

One of the most important things you can do after being involved in a car accident is to call an experienced car accident attorney as soon as possible. The sooner you secure legal representation, the more likely it is that your right to compensation will be protected.  Aside from receiving any necessary medical care, your next priority should be to meet with an attorney to discuss your case. But how do you find a good lawyer?

What to Look for in a Car Accident Lawyer

Finding the right car accident lawyer for your claim can sound stressful. However, this crucial task can generally be approached like hiring any other professional. Here are four things to look for when hiring a car accident attorney

What Are the Qualities of the Best Car Accident Lawyer?

Experience in the Type of Law You Need Help With

Is the attorney experienced? What type of law are they experienced in? You need a personal injury lawyer if you have been in a car accident. Finding an attorney near you who was great at getting your friend through a divorce or helping your parents plan their estate isn’t likely going to help your car accident claim much. While they may be effective, professional attorneys, they aren’t experienced in the type of law you need help with. Make sure you hire someone who has experience representing car accident victims.  

Litigation Experience

You will want to hire an attorney who also has litigation experience, one who isn’t afraid to take your claim to trial if it becomes necessary. Plenty of law firms are simply settlement mills, taking on every case they can, knowing they will settle it and move on to the next client. You want a lawyer who is committed to doing what is best for you. In some cases, doing what is best means refusing to settle and instead going to trial.  

Proven Track Record

Does the attorney have a proven track record of obtaining compensation for their clients—either through a negotiated settlement or a court award? While past results are no promise of their future performance, they can give some insight into how your case might end. For example, you want to hire a car accident lawyer with experience getting car accident victims what they deserve for their damages.

Good Communication

There are many outstanding lawyers out there; however, some are severely lacking in the communication department. They forget that they are representing real people with real issues and injuries. Clients call or email to ask for updates; they simply don’t respond or take weeks to respond. No one wants to be ignored during this stressful time of life. You deserve an attorney who will address your questions and concerns in a timely manner. When you meet with a potential attorney, ask them how they handle client communication. Will you be able to speak directly with them? Or will you speak with a receptionist or a paralegal? 

Good Standing and Reputation

It’s also essential to ensure that the attorney you want to hire has a good standing and positive reputation. You can check your local state bar organization to ensure their license hasn’t been suspended and they aren’t facing any type of disciplinary action from the state bar. You can also check with other reputable organizations and their peers to determine the attorney’s reputation. Online reviews from previous clients are also a good resource. If necessary, ask the attorney for recommendations. If they want your business, they should be willing to show you their reviews and why you should hire them.  

Is It Worth Getting a Car Accident Lawyer?

Far too many injured car accident victims shy away from seeking legal help. They think they can do it themselves, that car accident lawyer fees are too high, that they don’t have the money to pay for them upfront, or that having legal representation for a car accident doesn’t make any difference. However, legal representation can make a substantial difference in your claim.  

Even better, most offer free consultations. So, you can meet with them, then find out if you have a valid claim. Most car accident attorneys work on contingency fees only if you decide to hire them. This means you don’t pay them anything to get your case started or during the duration of your case. Once your case is over, they get paid out of any monies they obtain on your behalf. If they don’t obtain any, you don’t owe them anything. Many car accident victims receive more compensation with a lawyer than they would without one, even after the attorney has taken out their fees and services. 

Ready to Call a Car Accident Lawyer?

Are you ready to call a car accident lawyer? 

We make it easy for you. Simply call 1-800-THE-LAW2 or fill out our convenient online form. You’ll be connected to a qualified lawyer within 10 minutes.  During this free consultation, you can discuss your car accident claim, and our lawyer will answer any questions you might have.

How an Attorney Can Protect Your Rights After a Motorcycle Accident | Motorcycle Accident Lawyer

Motorcycle accidents are unfortunately common. Over 83,000 motorcycle accident injuries occurred in 2020, involving some of the more than 8.3 million registered motorcycles across the U.S. That same year, per 100,000 registered motorcycles, the injury rate was 992, with an injury rate of nearly 500 per 100 million miles traveled. 

Motorcyclists who suffer injuries in an accident have rights and deserve compensation for their damages. Unfortunately, they often aren’t aware of these rights until it’s too late, which can impact how much compensation they receive. The best way to become informed, and to protect your rights if you have been injured in an accident, is to hire an experienced motorcycle accident attorney. Let’s explore how they can help.

What Type of Lawyer Handles Motorcycle Accidents? 

Personal injury lawyers, especially those who work with motor vehicle accident claims, typically handle motorcycle accidents, too. It’s usually best to hire an attorney who specializes in this area and has extensive prior experience handling motorcycle accident claims.  

How Do You Respond to a Motorcycle Accident? 

At the scene of the accident, it’s best not to apologize or even interact more than necessary with the other parties. If you need to go by ambulance to the hospital with paramedics, do so. Otherwise, speak with the responding law enforcement officers about what happened and not the other parties involved. What you say, even an innocent apology can come back to harm your injury claim down the road.  

What to Do After a Motorcycle Accident

The best way to respond to a motorcycle accident is to seek medical care right away and the services of a qualified motorcycle accident attorney as quickly as possible. By getting medical care, you are taking care of your health and helping to secure your rights to full and fair compensation. Be sure to listen to your doctor’s advice and follow them carefully.  

Once you are medically stable and able to do so, reach out to a seasoned motorcycle accident lawyer for help. They can review the circumstances of the accident and your injuries to help you with the appropriate next steps and provide you with an estimate of your damages.

What Can I Do to Protect My Rights After a Motorcycle Accident?

The single most effective way to protect your rights after a motorcycle accident is to secure the representation of a skilled motorcycle accident lawyer. You can rely on them in many ways to protect your rights after an accident.

What Does a Motorcycle Accident Lawyer Do?

Motorcycle accident lawyers can: 

Handle Communications with the Adjuster and Insurance Company

One of the ways a lawyer for motorcycle accidents can help is by taking over communications with the adjuster and insurance company on your behalf. This protects you from saying anything that could potentially harm your accident claim or decrease its value. If you must speak to the insurance company or their adjuster, your motorcycle injury lawyer can be present with you protecting your interests. 

Collect and Preserve Evidence in Your Motorcycle Accident Claim

Without valuable evidence in support of your bike accident and injuries, you could lose your rights to compensation. A well-versed motorcycle accident attorney knows what evidence to collect to support your auto accident claim for compensation and how to best preserve it, which will also preserve your legal rights.  

Ensure Your Auto Accident Case is Filed Within the Statute of Limitations

Ensure your auto accident case is filed within the applicable statute of limitations. Suppose your motorcycle accident claim does not settle out of civil court. In that case, your personal injury lawsuit must be filed by a date outlined in your state’s statute of limitations. This is generally between one and four years after the date of your bike accident. If your case isn’t filed within the deadline, you may lose the right to pursue accident compensation. Sometimes, deadlines can vary depending on the specifics of your accident case. One example of this is when there is involvement from a government entity. Having a well versed motorcycle accident injury lawyer on your side is imperative, it ensures you don’t miss crucial deadlines.  

Help You Get the Medical Care You Need After a Motorcycle Accident

Help you get the medical care you need. Your lawyer can ensure that you seek the right medical care from licensed medical professionals whose opinions will help support your claim.  

Negotiate an Auto Accident Settlement With the Insurance Company

Negotiate an auto accident settlement with the insurance company knowing your claim’s value. If you were to handle this alone, you might end up settling for much less than what you deserve based on your damages. Your attorney will fight for the value of your claim and is skilled in pointing out the strengths in your case and the weaknesses in the insurance company’s case.  

Warn You About the Dangers of Social Media Use During a Personal Injury Case

Unfortunately, too many accident victims don’t realize how their social media accounts can negatively impact their claims. Insurance companies will track down an injured victim’s social media account. They, in turn, will use anything they can find to deny or devalue their claim. For instance, you post Instagram pictures of you at a friend’s wedding reception months after your accident. They could construe this to mean you are feeling fine, and that you do not still suffer from your injuries. Even though, in reality, you went on crutches and enjoyed the entire night sitting in a chair.  

The best motorcycle accident lawyer will know exactly how to protect your legal rights and interest. They do this, so that you can receive maximum auto accident compensation for your injuries.  

Speak with a Motorcycle Accident Lawyer Today 

Call 1-800-THE-LAW2 or complete our simple online form, if you are ready to speak with a motorcycle accident lawyer. Within 10 minutes, get connected to a qualified local attorney. They will discuss your claim and provide guidance on next steps. The consultation is free and no-obligation, so don’t delay! 

Choosing the Best Car Accident Attorney for You

How do you choose the best car accident attorney for you? 

You probably don’t have to look far to find personal injury lawyers near you. Maybe you’ve seen their ads on television, social media, buses, or billboards. But now, it actually matters. You have injuries from a car accident, and you want to hire a lawyer. You might be tempted to call, and hire the first attorney that comes to mind.  

That being said, you should make sure to choose the “best” car accident attorney for you. Remember that the right attorney for your friend or family member may not be the right one for you. Everyone has different needs and communication styles. 

Why You Need a Car Accident Attorney 

First, consider why you need a lawyer in the first place. You may not even realize all the benefits of having one, but learning what they can do for you can help narrow your search. A car accident attorney can: 

  • Manage your car accident claim 
  • Handle communications with the insurance company and their legal team 
  • Collect necessary evidence  
  • Investigate the accident 
  • Determine who is liable for the accident 
  • Negotiate a settlement 
  • File a lawsuit if necessary and litigate the case 
  • Provide guidance and support throughout the entire legal process 

Technically, you don’t HAVE to hire a lawyer to file a car accident claim. However, courts do highly discourage going without an attorney, and for good reason. 

Attorneys know the law and all the procedures, and they know how to push for maximum compensation. Car accident attorneys also typically work on contingency: they only get paid when you do.  So it’s absolutely in your best interest to have legal representation. 

Understanding what a lawyer can do for you can help you know what qualities to look for when hiring one. Since it’s best to have a seasoned car accident lawyer on your side sooner rather than later, start your search as soon as possible after your accident. It’s also a good idea to refrain from speaking with the insurance company until you have an attorney on your side. 

How to Choose the Best Car Accident Attorney 

Choosing the best attorney for your car accident means choosing someone that’s a good fit for you and someone who possesses certain qualities and characteristics.

What are the qualities of the best car accident lawyer? 

Experience  

Good accidents lawyers will have several years of experience in car accident cases, such as those involving: 

In fact, it’s best to choose an attorney whose area of focus is that of motor vehicle accidents. In general, the more focused a lawyer’s practice is, the better the chances of you obtaining the full and fair value of your accident claim. 

Fees 

Speak to your potential attorney about their fee structure. Most car accident attorneys provide free initial consultations, even if you decide not to use their services. In addition, many accident attorneys work only for contingency fees.

How Much Does a Car Accident Lawyer Cost Out of Pocket?

A contingency fee arrangement means you pay them nothing upfront and nothing until they win your car accident case. You owe them nothing if they don’t settle your case or win your lawsuit in court

What Percentage Do Most Injury Lawyers Take?

When and if they do recover money for your car accident damages, they receive payment from those funds. The amount they receive is usually determined by a percentage of the total recovery and is agreed upon when you hire them. Even after paying their fees, it’s worth getting a car accident attorney as nearly all accident victims will receive more compensation with an attorney on their side. 

Communication 

Do you feel like the attorney understands you? And, do you have a good report? How do they handle your questions and concerns along the way? Do you feel at ease talking to them? It’s crucial to feel comfortable talking to the attorney you hire and how they want you to communicate with them going forward. While your ultimate goal is financial compensation for your damages, you should feel supported and at ease during the process. 

Peer Respect and Reputation 

Do your research to determine how others in the legal community view your potential attorney, such as judges, past clients, and other lawyers. How are their online reviews? Have they been disciplined by or reported to the state bar? What professional recognitions or awards have they received?  

A Professional Office 

When you visit the prospective attorney’s office, is it professional? Are the staff courteous and friendly? Is it clean and well-kept? Is it easily accessible? You will likely be in the office several times throughout the course of your case and interacting with the office staff, so this is a crucial part of your decision. Unfortunately, not all car accident lawyers have a professional office. 

Find the Best Auto Accident Attorney Today

If you’re ready to get started choosing the best car accident attorney for your case, call 1-800-THE-LAW2 or complete our contact form. You’ll be connected to reputable attorney in your area within 10 minutes.  During the free consultation, you’ll learn more about the possibilities for your case, as well as next steps.

Injured in a Skateboard Accident? | Skateboarding Injuries Attorneys

Skateboarding can be a dangerous sport, and nobody knows that better than skateboarders themselves. Whether or not they wear helmets, knee pads, elbow pads, or other protective gear, they are still exposed to the risk of getting injured. Many drivers simply do not understand how to safely operate their vehicles around skateboarders, and this can lead to mishaps on the roadway. 

In the event of an accident, it’s important that injured skaters talk to a skilled personal injury lawyer for guidance. The law can be quite complex and difficult to understand. With capable legal counsel by your side, however, you can be financially compensated for the injuries you’ve suffered. 

Call 1-800-THE-LAW2 to speak to a qualified personal injury attorney in your area today.

Defective Materials and Manufacturing

Whether you’re using an electric skateboard, a longboard, or a standard board, defective materials or manufacturing can create a risk of injury. For example, you could be grinding on a new board and applying pressure that would not normally damage the board, only suddenly have it snap. This break then causes you to fall, seriously injuring yourself. 

Wheels can come off, screws can come loose; the possibilities are endless. In situations involving defective materials and manufacturing, the original manufacturer, or even the retailer in some cases, can potentially be held liable. All that you have to do is show that the skateboard is defective, and that there is an unreasonable risk of danger in normal use, due to the defect. 

It’s the manufacturer’s responsibility to make sure that a product is safe, and that includes skateboards. If the manufacturer didn’t inspect the board properly, or did discover some issue but didn’t correct it, then they can be held liable. Suing the manufacturer is a great option for a skateboarding lawsuit, as they have more substantial insurance coverage to pay out all your damages. 

Negligent and Careless Driving

Negligent, careless driving is a significant contributor to skateboarding accidents. Skating collisions or crashes with cars and other vehicles are also likely to cause more severe injury. As compared to other types of accidents, skateboarders face increased danger. They don’t have a metal frame or other protective material to shield themselves from the impact forces, like cars have. 

Examples of Improper Driving

Improper driving includes: 

  • Driving while intoxicated 
  • Speeding 
  • Reckless driving 
  • Distracted driving 
  • Driving while fatigued 
  • Driving without glasses (if necessary) 
  • Driving without taking necessary medication (i.e., seizure medication) 
  • And more 

In the event of an accident, skateboarding accidents are often severe. They can lead to serious injuries that include heavy internal bleeding, fractured limbs, abrasions, contusions, concussions, nerve damage, spinal compression, and more. Unsurprisingly, these injuries can be life altering, so the damages in skateboarding accidents tend to be large. 

Hundreds of Thousands of Skateboard Accidents 

According to data from the U.S. Consumer Product Safety Commission (CPSC), there are 300,000 skateboarding accidents that result in emergency room visits every year. The most common skateboard accidents include sideswipes, turning collisions, rear-end collisions, t-bone collisions, and distracted/driving-under-the-influence collisions. 

Whether it’s a car and a skateboarder grinding against one another on the road, a collision during a turn, a 90-degree collision at an intersection, a skater getting rear-ended by a vehicle, or a driver who is under the influence, all these lead to hundreds of thousands of skateboard accidents every year. 

Why You Need a Personal Injury Attorney 

Skateboarders are often mischaracterized as reckless, and when an accident occurs, society tends to blame the skater. We understand just how frustrating this can be. Fortunately, the law is designed to give you an opportunity at compensation despite these social biases. 

If you’ve been injured in a skateboarding accident and feel as if there isn’t any recourse, you’ll be glad to know that help is available. Personal injuries don’t have to remain a personal battle. A skilled personal injury lawyer can help you navigate the complexities of your situation, and secure compensation. Tilt the scales of justice in your favor by speaking with a qualified personal injury lawyer today. 

An attorney will: 

  • Collect evidence 
  • Write and send demand letters 
  • Speak to witnesses 
  • Identify possible defendants 
  • Acquire the police report 
  • Secure expert witnesses to testify on your behalf 
  • Acquire your medical records 
  • Negotiate a settlement on your behalf 
  • Communicate with defense attorneys and insurance adjusters 
  • Represent you in court 
  • And more

Find a Personal Injury Lawyer to Help Following a Skateboard Accident 

Injured in a skateboarding accident? Call 1-800-THE-LAW2 today for a free and confidential consultation. You have a limited period of time in which to file a claim. Speak to a lawyer as soon as possible to ensure that you maintain your ability to secure compensation for your injuries.

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