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What Can a Motorcyclist Recover From an At-Fault Driver in California?

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By Yosi Yahoudai
Founder and Managing Partner

If you got hurt in a motorcycle accident due to someone else’s carelessness, you might have questions about whether you can pursue an injury claim against the driver who caused the collision. California law allows you to go after the at-fault driver for compensation.

Also, you can file a personal injury lawsuit against the negligent driver if they will not pay you a fair amount to settle your claim. A California personal injury attorney can evaluate your situation and advocate for you. Here are some examples of what a motorcyclist can recover from an at-fault driver in California:

Medical Expenses

Our state law usually lets you go after the reasonable cost of medical treatment you needed for your injuries. These expenses can begin with the ambulance and emergency room. You can include the bills from the doctors, hospital, surgery, x-rays, lab tests, prescription drugs, and physical therapy. As long as the treatment was necessary for your injuries from the motorcycle accident, you should be able to include them in your claim.

Some people sustain devastating injuries like head trauma or spinal cord damage in motorcycle crashes. If they need daily assistance with their medical treatments and personal care, they might have to move into a long-term care facility. This expense can be astronomical and can be a part of your injury claim.

Past and Future Lost Income

Past lost income refers to the unpaid time that you missed from work because of the accident, your medical treatment, and recuperation time. Even after you returned to work, you might have needed to work part-time temporarily.

Future lost income applies when you cannot make as much more as before because of the accident. For example, you might have to take a lower-paying job if your injuries keep you from performing some of the duties of your previous job. Some people cannot work at all after catastrophic injuries from a motorcycle collision.

Intangible Losses

Some damages from an accident do not have paperwork like medical bills or timecards to help you calculate their value in dollars. The law calls these losses intangible or non-economic damages.

Pain and suffering is one type of intangible loss. The physical discomfort and emotional distress you experienced from getting hurt in the motorcycle accident are legitimate damages that deserve compensation.

People who suffer extensive burns or scars can seek money damages for disfigurement. The compensation can be in addition to medical treatments like skin grafts and plastic surgery.

You might not be able to do things you enjoyed before the accident, like riding your motorcycle. Loss of enjoyment of life is a type of intangible damage.

Wrongful Death

California law does not limit recoverable damages to people who survive their injuries. Motorcycle crashes have a high fatality rate. If your close relative died from injuries received in a motorcycle accident that was not the deceased person’s fault, we might be able to go after additional damages on behalf of the legal beneficiaries.

When you work with a California personal injury attorney on your injury claim or personal injury case, you get to rest and focus on healing while your lawyer handles your legal matter. Contact our office today.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.