Common Misconceptions About Motorcycle Accident Litigation

San Jose’s Mitchell Law Firm discusses and dispels common misconceptions of motorcycle accident litigation and offers tips to help prepare you for the lawsuit process.

Misconception 1: Insurance will take care of it.

Insurance companies thrive by denying claims. Your insurer doesn’t want you to involve a personal injury attorney, because that way they can rush you into a settlement for a smaller payout than you are entitled to receive. Beyond basic medical expenses and coverage for the repair of your bike, you may deserve additional damages for pain and suffering, long-term disabilities, psychological counseling, loss of wages, and other claims that only an attorney can help determine and fight for.

Misconception 2: Any automobile accident attorney will suffice.

There are many aspects of motorcycle accidents that make them unique. If your attorney isn’t thoroughly versed in the laws and regulations affecting motorcycle accidents, he/she will not be an effective advocate during the lawsuit process. You need an attorney who understands the insurance implications, as well as California and federal legalities that factor into any motorcycle accident lawsuits. In addition to his legal experience, Tab Mitchell is a motorcyclist who has first-hand knowledge of what it means to be injured in a motorcycle accident. Let him use all his expertise on your behalf.

Misconception 3: I can always sue if it turns out I need more compensation.

Not in California. The statute of limitations for motorcycle accidents is the same as for a car accident – within two years of the date the accident occurred. If you accept a settlement from the insurance company and later discover your injuries resulted in permanent damage or losses, you may be too late to file a lawsuit. It is better to consult an attorney as soon after your accident as possible, then proceed from there as advised.

Misconception 4: The other vehicle didn’t actually hit me, so I can’t sue.

Many motorcycle accidents are the result of the motorcyclist swerving to avoid a car that made a sudden turn or abruptly changed lanes. Just because their vehicle didn’t strike you doesn’t mean the other driver is off the hook for your injuries. An attorney skilled in motorcycle accident litigation can thoroughly explain all your rights under California law following an accident caused by the negligent behavior of the other driver.

Misconception 5: Juries are automatically biased against motorcyclists.

While some members of the public view motorcyclists as “daredevils” who take their lives in their hands every time they climb on their bike, those prejudices can be dispelled in court by a skilled attorney. Your motorcycle accident attorney can guide the jury to consider the specifics of your case and eliminate their preconceptions that you must somehow have been at fault for your injuries.

If you want to find out more about your rights in a lawsuit following a motorcycle accident in the San Jose area, please call The Mitchell Law Firm at 866-616-9947, for a free consultation.  Additionally please email us all about your case.