Riding a motorcycle can be a thrilling experience, but it does come with a risk of accidents, especially in heavily populated areas like Rancho Cucamonga, CA. Motorcyclists are not protected by a steel cage like vehicle drivers are, so when they are involved in a crash, there is a higher risk of serious injuries and even fatalities as well.
Each year, there are dozens of motorcycle accidents in the Rancho Cucamonga area. Some of the most dangerous intersections where accidents like these are more likely to occur include Archibald Avenue and Foothill Boulevard, Milliken Avenue and Foothill Boulevard, and Haven Avenue and Foothill Boulevard.
Motorcyclists who get into a crash are often treated unfairly by insurance adjusters who assume that they are the ones at fault because of speeding or other reckless behavior. This is why it is important for anyone involved in a motorcycle accident to speak with an attorney as soon as possible. A skilled and knowledgeable Southern California motorcycle crash attorney can review your case and advise you of your legal rights and options.
Preparing for Your Lawsuit
If, after an initial consultation with an attorney, you decide to pursue legal action, the next step is pre-lawsuit preparation. One of the most crucial aspects of preparing for your motorcycle lawsuit is the investigation and gathering of evidence.
Your Rancho Cucamonga motorcycle accident lawyer will collect evidence to support your case, such as police reports, witness statements, and photographs of the accident scene. They may also work with accident reconstruction specialists to determine how the accident occurred and what caused it.
Another critical part of pre-lawsuit preparation is negotiations with the insurance company. As we touched on earlier, insurance companies often look down on motorcyclists who were injured in a crash, and they will most likely try to settle the case for the lowest possible amount.
Your lawyer will negotiate with the insurer on your behalf and strongly advocate for fair compensation based on the full extent of your injuries and other losses. If the insurance company refuses to act in good faith and negotiations with them are unsuccessful, your lawyer may recommend filing a lawsuit.
Filing Your Rancho Cucamonga Motorcycle Accident Lawsuit
The first step in filing a lawsuit is drafting and filing a complaint in the appropriate Southern California court. The complaint will detail the facts of your case, including the nature of your injuries, the damages you sustained, and the legal basis for your claim.
After the complaint is filed, it must be served on the defendant. This involves delivering a copy of the complaint to the defendant along with a summons that notifies them of the lawsuit and the date they must respond by. The defendant then has a certain amount of time to respond to the complaint.
Once the defendant responds, they may file a counterclaim, which is a claim against you based on what they believe you are responsible for. They may also file a motion to dismiss the case, which asks the court to dismiss the case for legal reasons. If this happens, your motorcycle accident lawyer will need to respond to the motion and argue why the case should proceed.
The Lawsuit Discovery Phase
Discovery is the process of gathering evidence and information by both parties to the lawsuit in order to strengthen their case. Your lawyer will use discovery to gather additional evidence and build a strong claim on your behalf. They will likely use a combination of written discovery and depositions to gather the necessary information to support your claim.
Written discovery consists of requests for information and documents related to the case. This includes interrogatories, which are written questions that the other side must answer under oath, and requests for the production of documents, which require the other side to provide documents related to the case. Written discovery is a crucial part of the discovery process as it allows both sides to gather information about the case and build their arguments.
Depositions are another form of discovery. Depositions involve a witness, often the plaintiff or defendant, answering questions under oath in the presence of a court reporter. The testimony obtained during a deposition can be used at trial to discredit a witness or to bolster your case.
Mediation and Further Settlement Negotiations
After the discovery process, your Rancho Cucamonga motorcycle accident lawyer may recommend participating in mediation or settlement negotiations. Mediation is a voluntary, non-binding process in which a neutral third party, called a mediator, helps the parties try to reach a mutually acceptable resolution to the case. Settlement negotiations are similar, but they may take place outside of a formal mediation setting.
Mediation and settlement negotiations can be beneficial for several reasons. First, they can help you avoid the time and expense of a trial. Trials can be lengthy and costly, and settling the case through mediation or negotiations can save you both time and expense.
Second, mediation and negotiations can help you maintain control over the outcome of the case. In a trial, the decision is ultimately up to a judge or jury, which adds an element of unpredictability for both sides. In mediation or negotiations, you and the defendant can try to work together to reach a resolution that is acceptable to everyone.
During mediation or negotiations, your lawyer will work on your behalf to negotiate with the defendant and their legal counsel. They will present your case and argue for a settlement that adequately compensates you for your losses. If an agreement is reached, the terms will be put into writing and signed by both parties, and the case will be concluded.
Pre-Trial Motions and Hearings
Before a trial, there may be pre-trial motions and hearings that occur. These motions are requests made by either party to the court, asking the court to make a specific ruling on an issue related to the case. Some common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to exclude evidence.
As we talked about earlier, a motion to dismiss asks the court to dismiss the case for legal reasons, such as lack of jurisdiction or failure to state a claim. A motion for summary judgment asks the court to rule on the case without going to trial, based on the evidence presented during the discovery process. A motion to exclude evidence asks the court to prevent certain evidence from being presented at trial, often because the litigant argues that it is irrelevant or prejudicial.
If a pre-trial motion is filed, there may be a hearing to determine whether the motion should be granted or denied. At the hearing, both sides will present arguments to the court, and the court will make a ruling.
Trial Preparation
If the case does not settle during mediation or negotiations, the next step is to prepare for trial. Your lawyer will work with you to prepare by developing a trial strategy based on the available evidence, eyewitness testimony, opinions of expert witnesses, and other facts of the case.
One critical part of trial preparation is preparing exhibits. Exhibits are documents, photographs, and other evidence that will be presented during the trial to support your case. Your motorcycle accident lawyer will help you prepare exhibits that effectively illustrate the facts of what occurred to cause the crash and support your legal arguments.
Another critical part of trial preparation is preparing witnesses. Your lawyer will identify witnesses who can provide testimony that supports your case, and they will work with these witnesses to prepare them for trial. This includes preparing them for cross-examination by the opposing side.
The Motorcycle Accident Lawsuit Trial
If the case does go to trial, your lawyer will represent you in court. The trial process involves several steps, including jury selection, opening statements, presentation of evidence and witnesses, closing arguments, and jury deliberation.
Jury selection is the process of selecting a group of jurors who will decide the case. During this process, the lawyers for both sides will ask potential jurors questions to determine if they are qualified to serve on the jury.
During opening statements, both sides will present their case and outline the evidence they plan to present during the trial. The presentation of evidence and witnesses will follow, with each side presenting their case through testimony and exhibits.
Closing arguments are the final opportunity for both sides to present their case to the jury. During closing arguments, each side will summarize the evidence and argue why their client should prevail.
After the closing arguments, the jury will deliberate and reach a verdict. If the verdict is in your favor, you will be awarded damages, which may include compensation for medical bills, lost wages, pain and suffering, and in some cases, punitive damages to punish the actions of the responsible party when they were especially egregious.
It is important to note that only about 5% of motorcycle accident lawsuit cases ever make it to trial. Many cases are settled through mediation, negotiations, and some are even settled literally “on the steps of the courthouse.”
Being represented by an attorney who has a strong track record inside the courtroom can make it even less likely that the case will ever go to trial because the other side will be far more motivated to settle and avoid taking the risk of losing in court.
Contact a Reputable Motorcycle Accident Lawyer in Rancho Cucamonga
If you’ve been injured in a motorcycle accident, contact Muhareb Law Group today to discuss your claim by calling (909) 519-5832 or sending us an online message. We will provide a free consultation to review the details of your case and advise you on your legal options. If you decide to retain our services, we will work closely with you to develop a strategy for seeking the full and fair compensation you deserve.