A Comprehensive Guide on Motorcycle Accidents Compensation

Do you ever wonder how much motorcycle accidents compensation sums up? If you got into a motorcycle accident, whether as a rider or a passenger, it’s best to know how much your potential claim might be worth. This helps you prepare and assess your situation carefully.

However, every situation is different, which means that the value of motorcycle accident compensation may vary. That being said, we came up with a guide as we look at the most common factors that will affect the value of any claim you will be entitled to.

Liability and Damages: Taking Every Detail into Account

Assessing a price value on a motorcycle accident may seem complex, but it only boils down to two main things: liability and damages. Considering both liability and damages is crucial to understand the situation from the most objective perspective. 

Liability refers to who was at fault for the accident. If no liability is established, it might be challenging to proceed with the following processes. Whenever liability cannot be identified, it’s either because the person who hit you wasn’t negligent, or you simply can’t prove otherwise. And when this is the case, your motorcycle accidents compensation won’t be worth much. Always remember that it’s the plaintiff’s burden to prove that the defendant was negligent. 

On the other hand, damages highlight the financial ramifications of the accident, be it to aid on injuries and other losses suffered concerning the accident. In this case, the more significant the injuries and damages, the higher the amount of compensable injury damages. 

Let’s look at some examples to give you a better perspective on how liability and damages affect the value of a motorcycle accident case. 

Example #1: 

A car rear-ended someone while they were standing still at a red light, waiting for the light to change. This is a prevalent accident. While they were slightly bumped, they didn’t get hurt, and their motorcycle didn’t incur any damage. 

The person who hit them was negligent for not adequately stopping on a red light — rear-ending a car or motorcycle is a clear-cut case. But because they were not hurt and their property didn’t incur any damages, you did not suffer any compensable damage. This means you have no case, to begin with. 

The least you can expect from an event like this is a small settlement for the trouble caused, but definitely nothing more than a nominal amount. 

Example #2: 

Now, let’s take the previous example and tweak a few details. Someone was involved in a vehicular accident while driving their motorcycle. A car hit someone, which lead to severe to highly fatal injuries. However, the other driver wasn’t entirely at fault. 

In fact, there’s a higher chance that the motorcycle caused the accident and was negligent. In this case, motorcycle accidents compensation might also be less than the overall damages. If the defendant or other party wasn’t negligent, their insurance company isn’t obligated to pay the injured party anything. 

Motorcycle Accidents Compensation: Knowing the Difference Between Settlement Value vs. Trial Value

Every California motorcycle crash attorney understands the complexities of personal injury compensation. Those legal jargons are pretty challenging to understand. That’s why we’re here to highlight the key difference between these two types of valuation.

A settlement value is an agreed-upon agreement between all parties involved to avoid trial. Typically, the settlement value is lesser than the trial value. On the contrary, a trial value is an amount you set and expect to win at trial. 

So, which is better: settlement value or trial value? Well, this entirely depends on the situation. Let’s say that the trial value of your case is expected to be around $200,000, but you only have 20% of winning your case. Is it worth running that risk? 

In this situation, you might want to settle your case at a valuation of 20% of the $200,000. The rule of thumb on a settlement value is computed based on the trial value multiplied by the estimated chances of winning the trial.

How Do You Calculate the Damages Incurred?

Of course, you need to be detailed in your calculation for all the damages incurred. This calculation is usually divided into two types: 

• Special Damages – This is an exact monetary value for all the damages due to the accident. This can include doctors and hospital bills, medications, rehabilitation services, long-term care, lost income or earning capacity, and other financial losses. Special damages are calculated to the dollar with the corresponding evidence.
• Damages w/o Exact Calculation – This is rather difficult to quantify as there are no guidelines for determining the value of pain and suffering, loss of companionship, and reduced quality of life. 

Because of this, a judge generally advises juries to use their proper judgment and background in identifying a reasonable amount. 

Computing Lost Earning Capacity and Future Income

Aside from calculating damages without exact monetary value, computing lost earning potential is also tricky. That’s why you need to work with a California motorcycle crash attorney who has the background to present these concepts correctly.

Generally, the concept revolves around how your present earnings compare to your future income. Perse, you earned $50,000 per year before the accident, but you can only work on less strenuous jobs earning $10,000 per year after the accident. In this situation, your lost earning capacity is at $40,000 for the rest of your work-life expectancy.  

One’s work-life expectancy is measured based on the federal government’s statistical table on the average person work years. This also considers one’s age, sex, and race. While all these data are easy to figure out, it becomes incredibly tricky to measure the unprecedented future. That’s why you need to find a personal injury lawyer.

Speak with the Experts. Contact Cartwright Law Firm, Inc.! 

Were you injured as a result of a San Francisco motorcycle accident? Are you worried about how your accident will impact your life? Need help in dealing with the complex motorcycle accident claim process? If you do, trust our team of San Francisco motorcycle accident lawyers today! 

Here at Cartwright Law Firm, Inc, we go above and beyond as a highly respected personal injury law firm in California. Let us handle all your concerns and fight for the compensation you deserve.

Contact us online, or call 415-433-0444 in San Francisco or 707-901-3020 in the North Bay. The consultation is free!