Facing the aftermath of a motorcycle crash is tough, especially if it results in lost income. Motorcycle riders are at higher risk in accidents than car occupants because motorcycles offer less physical protection.
Unfortunately, being in a motorcycle accident often leads to severe consequences, including financial issues and serious injuries. The road to recovery can be lengthy in serious accidents. It requires a lot of medical treatment, leading to higher costs and lost income from not being able to work.
Motorcycle riders are 28 times more likely to die and four times more likely to be injured in an accident.
Forbes
Under California law, those found liable for causing accidents are responsible for the economic damages suffered by the victims. This includes not only medical expenses but also compensation for any lost income during your recovery period.
Causes of Motorcycle Collisions
Collisions involving motorcycles and cars are unfortunately common. They can often be attributed to a variety of negligent behaviors by car drivers. Key causes include:
- Cars tailgating motorcyclists
- Failing to yield or give the right-of-way
- Simply not noticing the biker
- Unsafe turns and lane changes
- Exiting parking spots unsafely
- Misjudging the motorcycle’s speed
In addition to these, a great number of motorcycle accidents in Los Angeles involve drivers who are intoxicated, fatigued, or distracted. These impairments severely limit a driver’s ability to operate their vehicle safely. Thus, increasing the risk of causing serious injuries to motorcycle riders.
Easing The Financial Hardship From Not Being Able to Return to Work Due to Injuries
When sidelined by injuries after a motorcycle accident, the inability to work can plunge you into financial uncertainty.
This predicament is all too common among injured motorcyclists. Many of whom face weeks or even months without a paycheck.
However, there’s a silver lining. As the injured party, you have the right to seek compensation for loss of income from those at fault.
By consulting with a skilled personal injury lawyer, you can initiate a claim against the at-fault driver. You can potentially recover lost wages, easing the financial strain brought on by the accident.
Your attorney will start by thoroughly investigating the accident, gathering crucial evidence such as police reports, eyewitness testimonies, and traffic camera footage. They’ll also review your medical records and work history to accurately calculate the total impact of lost wages.
Also, if the accident caused you to use vacation or sick leave, you can request reimbursement for these benefits.
Armed with this evidence, your lawyer will negotiate with insurance companies on your behalf to secure a fair settlement. If necessary, they are prepared to take the case to court to advocate for the compensation you deserve.
Obtaining Compensation For Future Lost Income Following a Motorcycle Accident
As mentioned, under California law, if you’ve lost wages due to an accident, you are entitled to claim economic damages, which include lost income.
Compensation can cover not only immediate lost wages and benefits but also projected future losses. This applies regardless of whether you work full-time, part-time, or on a casual basis.
The Difference Between Loss of Income and Lost Earning Capacity
Lost earning capacity is different from lost income. It means the victim’s injuries will continue to affect their ability to work.
Typically, lost earning capacity indicates that the injuries are expected to have a long-term or permanent impact, preventing the victim from earning as much as they did before the accident.
Compensation for Lost Earning Capacity
If you’ve sustained long-term injuries that prevent you from returning to your previous work capacity, you may be eligible for compensation for “lost earning capacity”. This protects you for current and future financial difficulties from the accident.
Calculating lost earning capacity is not as straightforward as loss of income. Assessing the loss of future income involves some of the following actions:
- In-depth review of work history
- Review of skills
- Market value analysis
- Wage comparison
- Hiring medical experts
This is one of the many reasons hiring a personal injury attorney is beneficial after a motorcycle accident. At El Dabe Ritter Trial Lawyers, we can help you calculate your lost earning capacity compensation. We will also conduct all the necessary investigations to ensure that we protect your future from an unfair settlement.
How to Prove Loss of Income to Recover Lost Wages
To successfully recover lost wages, you must prove your loss of income with concrete evidence. Key documents such as the following can help:
- Pay stubs
- Employment records, and
- Income statements
These are crucial documents that offer a clear snapshot of your earnings before the accident.
Additionally, a wage claim must be supported by employer testimony or detailed employment letters that confirm your:
- Normal working hours
- Pay rate, and
- Time missed due to the accident
Documentation like this solidifies your claim, helping to establish a direct link between the incident and your financial loss.
For self-employed individuals, proving lost wages can include presenting past invoices, client emails, and financial statements. These documents should reflect a typical earning period compared to the period after the accident. These steps are fundamental in building a robust wage claim and ensuring you receive the compensation you rightfully deserve.
I Was Partly At-Fault, Can I Still Claim for Lost Wages?
Even if you were partly at fault in a motorcycle accident, you might still be able to recover lost earnings. California operates under a “comparative fault” system. That means your compensation can decrease based on your percentage of fault in the accident. However, it does not completely bar you from claiming damages.
If you were 30% responsible for the accident, you can still receive 70% of your lost wages. This means you may be able to recover most of the wages you lost due to the accident.
Your ability to claim these earnings will depend on the details of your insurance coverage. Your insurance policy may include provisions for partial compensation in cases where the insured is partly at fault.
Talking to a skilled Los Angeles personal injury lawyer can help you get maximum compensation for lost wages.
How a Motorcycle Accident Attorney Can Help
Receiving compensation for time spent off work as a result of a motorcycle accident is rarely a straightforward process.
You need to submit a claim to the other party’s insurance. You also need to provide all necessary documents to back up your claim and make sure to do this within a set time period.
Dealing with injuries can be tough, especially when the insurance company pushes you to settle quickly. Initial settlement offers often significantly undervalue what you rightfully deserve to receive.
Don’t let this be you. Were injured in a motorcycle accident? If you took time off from work to treat your injuries or to heal, you should consult with a motorcycle accident attorney in Los Angeles. An experienced attorney can safeguard your legal rights and guide you through the claims process. .
At El Dabe Ritter Trial Lawyers we offer free consultations. Contact us for a free case evaluation today.
Our team will help you with any questions you have about your compensation. We can provide information on the amount you may receive and the approximate timeline for when you will get it. Reach out to us now for your free case evaluation.