In many cases, motorcycle collisions are caused by the negligence of a driver. Drivers who do not know how to share the road with motorcycle riders may underestimate the motorcyclist’s speed. Drivers may also fail to see the motorcyclist before turning or changing lanes, or may not yield the right of way.
In any situation where a driver makes a careless mistake or violates the rules of the road, the motorist can be held legally liable for an accident he causes. Motorcycle accident victims may also be able to make a claim for compensation from the manufacturer of a defective motorcycle or from an agency that is responsible for maintaining the streets but which fails to do so in a reasonably safe way.
Whenever a victim of a crash takes legal action, it is essential to understand what types of compensation he can recover. Motorcycle accident claim damages in San Diego are based on the actual losses that the victim has experienced. The law says victims should be “made whole” for their losses. An experienced San Diego motorcycle accident attorney at Injury Trial Lawyers, APC can help victims to fight for fair compensation, so call today to learn more.
Calculating Motorcycle Accident Claim Damages in San Diego
To calculate motorcycle accident claim damages in San Diego, you must determine the actual economic costs of the crash as well as the other losses that the victim has endured as a result of the collision and injuries. The victim should be compensated for:
- Medical expenditures. If ongoing treatment will be required after the case is decided, a medical expert should testify as to what expected future costs will be. The victim should receive compensation for these future costs as well.
- Income loss. If the victim takes any time off of work to recover, including vacation days or sick days, the victim should be compensated for the income lost. In many cases, injuries will permanently reduce a motorcyclist’s earning potential or will render the victim of a collision unable to have a job at all. All lost wages caused by the injury over the course of the victim’s life should be compensated.
- Pain and suffering. Victims should be fully compensated for the physical damage that they have experienced due to motorcycle collisions. It can be difficult to calculate pain and suffering motorcycle accident claim damages in San Diego. Insurers will frequently use a pain multiplier (and multiply the actual financial losses by a set number) or will use a per diem calculation (and determine a daily payment for the pain as well as the number of days that the victim suffered).
- Emotional distress. If a victim experiences post traumatic stress disorder, anxiety or other emotional consequences from a motorcycle collision, he should be compensated for these losses.
In some cases, the motorcyclist will be killed in a crash. If this occurs, the victim’s surviving family members should receive wrongful death compensation including payment of funeral expenses; loss of the deceased’s wages; and loss of companionship.
A San Diego motorcycle accident attorney at Injury Trial Lawyers, APC can help to calculate motorcycle accident damages. Call today to schedule a free consultation and learn more.
Injury Trial Lawyers, APC
1230 Columbia Street #560
San Diego, CA 92101