Maison Law Accident & Injury Lawyers of Fremont can help you after a motorcycle accident. There’s a lot of different types of motorcycle accidents you could be involved in, but one of the most common happens when you’re hit by a car that’s trying to turn to its right. Like any accident, you’re probably facing injuries and other losses. Our team can help. Contact us today for a free consultation to learn more.
Why Would You Need a Lawyer?
A right-hook motorcycle accident doesn’t necessarily change your legal rights and options, but in reality, you only need a lawyer if your injuries are more serious. A minor accident, although less common in this situation, means you probably don’t need a lawyer. But again, these accidents often result in severe injuries and extensive damages. In such situations, having an experienced legal team can be crucial. We can:
- Investigate the accident
- Collect evidence
- Guide you through the claims process if you decide to move forward
Most of all, we want to simplify this process for you. We work on a contingency-fee basis, meaning you don’t need to pay anything upfront for our services. But on your end, it’s important to understand how the process works.
What Legal Options Do You Have After a Right Hook Motorcycle Accident in Fremont?
At least in terms of your legal options, it doesn’t necessarily matter whether you’re involved in a right hook style motorcycle accident or any other type of motorcycle accident. When negligence is involved, you have the right to file an injury claim.
And it’s here that you have options. You can either file an insurance claim out of court or a personal injury lawsuit inside the court system, depending on what your needs are.
The insurance claim can get you a settlement quicker, but it’s totally controlled by the insurance company. They get to decide how much to give you, and because they just want to save money, their offers rarely cover your damages.
On the other hand, a lawsuit is a fairer process because it’s overseen by a judge. You get to present your case, but this takes more time and effort. That said, because it’s a more equal process, you have a better chance at recovering fuller damages like:
- Medical expenses and other treatment costs
- Lost income or a loss of earning potential if you’re permanently injured
- Repair/replacement costs for your motorcycle or other damaged property
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses
No matter which option you choose, you have to meet California’s “statute of limitations” to even be able to file a claim. This means filing within two years of the date of the accident.
Who’s Responsible for Right Hook Motorcycle Accidents in Fremont?
Given that most right hook motorcycle accidents happen for similar reasons–a driver not paying attention or some other form of negligence and turning into you–it’s fairly easy to figure out who’s responsible for your injuries. This is mostly going to fall on the driver. But every situation is different, and can involve other people or groups that could share liability like:
- Owner of the car – If the driver didn’t own the vehicle, the actual owner might be responsible for the accident.
- Fremont government – If poor road design or signage contributed to the accident, the local government might be at fault.
- Manufacturers – If a vehicle malfunction caused the accident, the manufacturer or repair shop could be held responsible.
- Employers – If the driver was working or using a company vehicle, their employer might also be liable under “vicarious liability.”
- Pedestrians or other motorcyclists – Sometimes, pedestrians, other motorcyclists, or even drivers can share some of the liability.
The reason liability–or the legal responsibility for paying for your damages–is so important is because it sets the course of your entire claim. It tells you who you’ll file your claim against and who you’ll face in the process. But you also have a responsibility–protecting your claim.
How Can You Protect Your Claim After a Right-Hook Motorcycle Accident?
When you’re in any type of motorcycle accident, you don’t just automatically get damages when you file your claim. Instead, what you do right after a right hook motorcycle accident can significantly impact your claim. When you go up against an insurance company, you have to protect your claim by:
- Calling 911 for medical and police help – Get medical help immediately by calling 911 for an ambulance and police response. EMTs will stabilize your injuries and the police will help you manage the scene and get important information.
- Swapping information – Gather details from everyone involved in the accident. This information is vital for filing claims and seeking damages.
- Documenting the accident scene – Take photos or videos of the accident scene and any damage to your motorcycle. This visual evidence is important for showing what happened.
- Being careful with statements – Avoid admitting fault or apologizing, as this can negatively affect your case. Whenever you talk to police or an insurance rep, just stick to the facts of what happened.
Remember, you have legal rights after an accident, including the right to file an injury claim. But your claim is only as strong as you make it. That’s why these steps are so important. They not only protect you, but they also give your claim a solid foundation.
Why Do Right-Hook Motorcycle Accidents Happen in Fremont?
Even though negligence is a key factor in your legal rights, it doesn’t really do much in telling you how these accidents happen. At the same time, the nature of a right-hook motorcycle accident makes it fairly obvious. They happen when a driver fails to account for you on their right side, tries turning, and collides with you. But specifically, many of these accidents happen because of the following:
- Not paying attention – Drivers may fail to notice a motorcyclist when making a right turn, leading to a collision.
- Blind spots – Motorcycles can easily be hidden in a driver’s blind spot, especially when a vehicle is turning.
- Misjudging or driver error – Drivers may underestimate the speed or proximity of a motorcycle, causing them to turn in front of the rider.
- Aggressive driving – Some drivers make sudden right turns without signaling or checking for nearby motorcycles, increasing the risk of an accident.
- Busy conditions – Fremont’s busy streets and intersections can contribute to these types of accidents, where frequent stops and turns are common.
Unfortunately, even if you do everything correctly, you’re ultimately at the mercy of drivers when you’re riding your motorcycle in Fremont. Still, you should always wear a helmet and safety gear, and follow traffic laws to at least reduce the chances you’ll be in one of these accidents. But even if you are, reach out to our team for support.
Contact Our Team After a Right Hook Motorcycle Accident in Fremont
Being injured in a right hook motorcycle accident in Fremont is always challenging, but you don’t have to go through it on your own. At Maison Law Accident & Injury Lawyers of Fremont, we’re here to manage your claim and provide the legal support you need for a fair outcome. Don’t wait–contact us today for a free consultation if you’ve been hurt in one of these accidents.