There are few more beautiful places in the world to ride a motorcycle than in California. The downside is that California ranks only behind Florida in the number of annual motorcycle accidents and is third behind Florida and Texas in the number of motorcycle accident fatalities. Los Angeles County leads the state in the number of motorcycle accidents.
Much of the inherent danger in riding motorcycles concerns drivers behind the wheel of cars and trucks. Sadly, in any crash between a car and a motorcycle, the motorcyclist is more likely to sustain serious injury or worse because motorcyclists have little protection when a crash occurs.
A Los Angeles motorcycle accident lawyer at Salamati Law can help protect your rights and fight to maximize your compensation. We know a fair settlement amount based on your individual case and the settlement amounts for similar recent claims. Most motorcycle accident claims are settled, but we will litigate your case if the insurer fails to agree to a reasonable settlement amount.
What Is the Average Motorcycle Accident Settlement in California?
Because no two motorcycle accidents and injuries are exactly alike, it is not possible to determine an “average” settlement. Much also depends on whether ongoing, long-term medical treatment is necessary, as severe motorcycle accident injuries can cost hundreds of thousands or even millions of dollars in medical bills alone.
Never agree to any motorcycle accident settlement before obtaining legal counsel. Insurance companies want to pay out as little as possible, and they are notorious for being biased against motorcyclists. Insurers want to settle claims fast and cheaply, and what may sound like a good settlement offer to someone facing months or even years of recuperation may not pay the majority of the bills. Once a claim is settled, there is no going back for additional funds if it turns out the settlement amount will not cover your expenses.
Key Factors That Determine Your Settlement Value
Your settlement value depends on:
Injury Severity
Injury severity and your prognosis are key elements of your settlement value. For example, someone who had surgery usually receives a larger settlement than a motorcyclist whose injuries did not require it.
Insurance
Settlement value depends highly on the at-fault driver’s insurance policy limits. In California, the minimum amount of liability insurance required is:
- $30,000 for injury/death to one person.
- $60,000 for injury/death to more than one person.
- $15,000 for damage to property.
The minimum is not a great deal of insurance coverage. Many people purchase additional coverage to protect themselves, because if their insurance policies are insufficient, an injured party can pursue their assets. Treating a serious injury requiring surgery and rehabilitation is going to cost a lot more than $30,000. If your premium touring bike is totaled, it will cost more than $15,000 for replacement.
Fault Clarity
Clarity of fault is another key factor. California is an at-fault state when it comes to motor vehicle accidents. The party causing the collision is responsible for paying the victim’s medical bills, as well as property damage and other economic and non-economic costs. If the motorcyclist was significantly at fault in the crash, that affects the settlement value.
Your motorcycle accident insurance may cover some of your bills. If you are at fault for the accident and carry only the minimum insurance, your 30/60/15 coverage goes towards paying the medical bills, property damage, and more for the other party, not you. If you opted for uninsured and underinsured motorist coverage, which must be declined in writing by the policyholder, the same minimums apply. Getting hit by an uninsured or underinsured is common in California motorcycle accidents, and this coverage will pay your bills up to the policy limits.
Your Lawyer
The outcome of your motorcycle accident settlement also depends heavily on the skills of your lawyer. Your attorney needs extensive experience with these types of cases and a high success rate. They should have access to investigators, medical experts, accident reconstructionists and other professionals who can aid in building a strong case.
Types of Damages You Can Recover After a Motorcycle Crash
Compensation, or damages, in a motorcycle accident may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Property damage
- Emotional distress
- Pain and suffering
Unfortunately, many motorcycle accidents prove fatal. In California, the primary family members of the deceased can file a wrongful death lawsuit against the at-fault parties. Damages may include:
- Burial and funeral expenses
- Medical bills relating to the fatal injury
- Loss of financial support
- Loss of household services provided by the deceased
- Loss of companionship or moral guidance
In California, wrongful death damages do not include family members’ mental anguish over the loss of their loved one.
How California’s Comparative Fault Rule Affects Your Payout
In motorcycle accidents, it is not unusual for the driver to be partly at fault. For instance, while the driver striking the motorcycle may be primarily at fault, a motorcyclist traveling somewhat over the speed limit at the time may hold some responsibility for the crash.
Under California’s pure comparative negligence standard pertaining to liability, you can receive compensation in a motorcycle accident even if you were partially to blame. Any settlement amount is reduced by your percentage of fault, as decided by an insurance adjuster or jury. For example, if it is determined that traveling over the speed limit puts you 25 percent at fault, a $100,000 award is reduced to $75,000.
Settlements By Injury Severity
Those suffering a minor injury that may might put them out of work for several weeks but from which they fully recover typically win smaller settlements. Such minor injuries do not require surgery and may include:
- Back and neck problems
- Concussion (a minor traumatic brain injury)
- Lacerations
- Soft tissue damage
Settlements for a moderate motorcycle accident injury range higher. Moderate motorcycle injuries may involve:
- Fractures
- Knee injuries
- Road rash
The largest settlements usually go to those suffering from catastrophic injuries. These injuries are so severe that the victim will never completely heal and they are significantly disabled. Independent living may no longer be possible.
Catastrophic injuries include:
- Burns
- Loss of eyesight
- Loss of limbs
- Multiple fractures
- Spinal cord damage
- TBIs
A Track Record Second to None
At Salamati Law, our track record in obtaining high value settlements and verdicts in motorcycle accident cases is second to none:
$2 Million
An automobile attempting to clear a 6-lane road struck a motorcyclist who was travelling straight with the right of way. The motorcyclist suffered a mild traumatic brain injury for which he saw top doctors. CAT scans revealed little to no damage and he did not miss any work. However, testimony showed that after the accident, he had a much harder time doing his job as an IT professional for a major law firm because his concentration, thinking, and focus suffered.
We were able to establish a major impairment in the motorcyclist’s life and secure a $2 million settlement.
$1.185 Million
Our client was driving his Harley Davidson and traveling straight with the right of way. Aa truck made a sudden left-hand turn in front of the motorcycle causing a serious collision between the driver and the rider. The Harley rider suffered serious internal injuries as well as a mild traumatic brain injury.
We fought diligently to prove liability on the part of the defendant and ultimately obtained a significant settlement for our client’s injuries in the amount of $1,185,000.
Contact a Los Angeles Motorcycle Accident Attorney
If you were seriously injured in a motorcycle accident due to another part’s recklessness or negligence, you need the services of an experienced Los Angeles motorcycle accident lawyer at Salamati Law to help maximize your recovery. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.
