Motorcycle Accident Compensation
Have you been in a motorcycle accident?
Do you need to file a claim for compensation for a motorcycle accident in Barcelona?
Motorcyclists are one of the groups most frequently involved in traffic accidents in large cities such as Barcelona. The percentage of users of this type of two-wheeled vehicle is increasing due to various factors such as the ease of parking, avoiding major traffic jams due to the ease of movement on narrow roads, and the low fuel consumption they generate.
Currently, we are seeing many cases of this type of accident in our office, caused by the recklessness of drivers, for all sorts of reasons: not respecting traffic rules, causing lane invasions, improper turns, negligence, speeding, lack of visibility of the motorcyclist, etc.
If you belong to this group and have suffered a motorcycle accident caused by another driver of any type of vehicle, or as a victim, it is important to be clear that you have the right to claim compensation.
It is important to remember that even if I'm to blame on many occasions can claimThere are many scenarios in motorcycle accidents where fault is not clear, and it is also possible that the driver of the motorcycle and the other vehicle share some of the blame.
For this reason, in this office, we have the help of a recognized traffic accident reconstruction expertWith the sketch made by the police in the report and the plans of the place, in most cases it is possible to determine the speed of the vehicle, the braking of each one, the point of impact, and how the accident occurred.
Sometimes both vehicles are at fault, and we will have to see how each vehicle involved acted, and try to ensure that the percentage of fault of our client is the minimum possible; that is, there would be a concurrence of faults of both vehicles.
�For example, sometimes the motorcyclist thinks he is at fault because he made an improper turn, but perhaps the other vehicle was traveling at a speed far exceeding the limit, as often happens, and in this case there would be a concurrence of faults that could lead the motorcyclist to claim compensation, despite having committed an act of negligence or infraction.
Furthermore, it should be noted that if you are a passenger or co-pilot in a motorcycle accident, you have every right to demand compensation under any circumstances, since the co-pilot is not at fault for the driving of either of the two vehicles involved in the accident.
If you've recently been in a motorcycle accident, it's normal to feel confused, unsure of your rights and how to claim them. Remember that demanding compensation for a motorcycle accident, as in any profession, requires a lawyer specializing in traffic accidents who knows how to assess material and bodily damages, how to negotiate with insurance companies, and much more—knowledge that can only be acquired after many years of working as a lawyer.
The calculation for claiming compensation for a motorcycle accident will be carried out following the scale of the year in which the accident occurred, and sometimes even requires the hiring of external experts.
When accidents are serious, we sometimes hire...actuarial experts, medical experts, expert engineers specializing in traffic accident reconstruction,"etc? who are professionals who help us win serious cases."
After so many years we work with the best experts in Barcelona, and in any city in Spain.
At Masramon Abogados, we have over 20 years of experience claiming compensation for motorcycle accidents. We have highly experienced professionals who will assess your case and provide you with the best strategy to assert your rights and obtain appropriate compensation for the damages caused to you and your motorcycle.
How can I claim compensation for a motorcycle accident?
In order to claim compensation for a motorcycle accident, it is essential to understand that all facts must be proven. This means that even if you were the victim of an accident and it was not your fault, you must prove the physical injuries and material damages suffered, as well as who is at fault in the accident. Consequently, compensation will not be granted automatically but will require a process to obtain.
Therefore, in order to prove physical injuries and material damages suffered in a motorcycle accident, it is necessary to provide documentation that substantiates said damages. This will require medical reports, emergency room reports, and all certificates issued by the health center that verify the injuries sustained. Consequently, after any accident, even if you think you are fine, you should go to the hospital immediately for a check-up to rule out serious injuries or pathologies.
Subsequently, all the documents we have that show a causal relationship between the accident and the injuries will be crucial in order to receive the compensation we are entitled to.
Similarly, we will need to take a photo of the motorcycle, or even of our injuries, as this documentation will be very helpful in claiming compensation for the motorcycle accident.
For example, damage to the motorcycle and personal belongings caused in the accident, such as: jacket, pants, shoes, helmet, gloves, mobile phone, etc. Damage to the motorcycle and your belongings is eligible for compensation, and for this you will need, among other documents, to present photographs and purchase receipts for the items. If you cannot present a receipt, it will be necessary to prove the value of the items through an estimate or a pro forma invoice (which can be requested from the store where the items were purchased).
Therefore, you should bear in mind that professional advice is essential for a correct assessment and claim for compensation, since the insurance company will assess the damages suffered in the motorcycle accident based on the documentation you provide.
The Traffic Scale will be the instrument used to assess the injuries and aftereffects suffered in the motorcycle accident.
What can be claimed in a motorcycle accident?
Physical damage
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If you have suffered physical injuries in a motorcycle accident, you should know that you are entitled to compensation. This right also extends to passengers, regardless of who was negligent in causing the accident. In other words, the passenger can always claim compensation, as they are not at fault in the accident.
The compensation will depend on various factors, the most important being: the number of recovery days for the people involved in the motorcycle accident, the surgical interventions, and any lasting effects that may result from the accident.
Motorcycle accidents are often very serious because the victim's body hits the ground hard, sometimes resulting in severe injuries that lead to permanent disabilities or incapacities. These must be claimed both in traffic accident proceedings and in separate labor proceedings regarding permanent disability. In this case, there can be three types of disability or incapacity:
Total permanent disability, absolute permanent disability and severe disability or severe disability.
Total permanent disability occurs when a worker can no longer perform their usual profession, but could still perform other jobs. For example, if a pedestrian is hit by a car in an accident, as a result of the injuries and aftereffects, they cannot return to work in construction because they can no longer lift heavy objects or perform strenuous work, but they could perform administrative tasks in a company.
Permanent total disability or permanent absolute incapacity occurs when a worker, as a result of an accident and the consequences caused by the accident, cannot perform any job or profession and is incapacitated or disabled for any work.
Severe disability or severe incapacity is the situation that occurs when a person involved in a traffic accident, as a result of injuries and physical losses or loss of abilities of all kinds, cannot take care of themselves and needs help for essential life tasks.
In these cases, the firm recommends hiring an actuarial expert to calculate the lifetime care costs for the disabled person. For example, if a nurse were needed to provide care at the victim's home, calculating all the lifetime expenses the victim or their family would face can be extraordinarily high and complex. Therefore, an actuarial expert is hired to estimate these costs over such a long period.
Permanent disability is one of the most common consequences of this type of accident because the injuries suffered by a person in a motorcycle accident are not the same as those suffered by a person in a car accident. In our office, we have seen how motorcycle accidents tend to be more tragic, and in many cases, people end up with permanent injuries that require years of rehabilitation, and consequently, they will have to claim a larger compensation.
Material Damages
Material damage to a motorcycle in an accident is compensable, provided it can be proven that the accident was not our fault. In such cases, we have the right to have the damaged motorcycle restored to its condition prior to the accident. That is, if the motorcycle is a total loss, it should be replaced at its market value, depending on its age and in accordance with the terms of the insurance policy. Sometimes, for older motorcycles, the market value is quite low, and it may be necessary to negotiate with the insurance company.
Psychological Damage
Psychological damages are also compensable when a motorcycle accident has occurred. Many times our clients think, for example, that the post-traumatic stress suffered from the accident is not compensable; however, nothing could be further from the truth. The traffic accident compensation scale categorizes as psychological damage not only post-traumatic stress, but also all mental disorders or pathologies resulting from the accident, and consequently, would include, for example, anxiety, obligating the insurance company to compensate for any psychological consequences the accident may have caused.
Therefore, this situation should not be forgotten, and it should be given due importance, proving each situation with diagnoses by professionals and the treatment carried out, since in the scale of traffic accidents the psychological sequelae are contemplated and we will only have to prove them in order for them to be compensated, provided that they have a cause-and-effect relationship with the accident.
Loss of profit
Loss of earnings consists of the decrease in income or the loss of legitimate profits that have not been received as a result of the accident, and the following will be entitled to receive compensation for this concept: the spouse of the person who suffered the accident, the minor children, the children up to 30 years of age who do not have economic independence, the ex-spouses who at the time of the accident were receiving a compensatory pension and also all those persons who are linked to the victim who are economically dependent on him/her.
Therefore, at Masramon Abogados we will advise you so that you can also assert your right to be compensated for Lost Profits and thus have a dignified restitution of your income lost due to the motorcycle accident.
Frequently Asked Questions about Motorcycle Accident Compensation
Escape by the people who have been responsible for causing motorcycle accidents is very common.
In these cases, in order to make a claim, we must go to a specialist lawyer to carry out all the urgent procedures that can clarify the facts and find out who was responsible for the accident.
For example, you should try to find out if there are cameras that might have recorded the accident or the people responsible; it is very important to file the complaint urgently with all the information you have.
If you have been in a motorcycle accident and the person who hit you has fled the scene, we recommend that you stay at the scene and call the police so they can file a report of the events described, visually inspect any debris left on the ground after the accident, and gather statements from witnesses who saw the accident.
In this scenario, when the person responsible for the motorcycle accident flees the scene, insurance companies are still obligated to compensate the victims. Even if there is difficulty in proving the facts, a lawyer specializing in this area will be needed.
In these cases, and if no one can be found, the Insurance Compensation Consortium will be sued:
https://www.consorseguros.es/web/inicio
This state agency will be responsible for compensation as if it were the actual party responsible for the accident, provided that we can prove, firstly, that the collision occurred, and secondly, that the person who fled the scene was responsible for the accident.
Here we show you a judgment against the Insurance Compensation Consortium in which we were unable to reach an agreement and we obtained a favorable judgment in which our client earned 71,627.74 which plus interest and execution costs became 130,000 euros.
Hospitalization for several days, or even months, or even, on occasion, they cause the inability to work or perform basic daily actions, but they always require rest and minimum rest to be able to repair the damage caused by the accident.
When we are unemployed and receiving unemployment benefits, or if we don't have access to any kind of benefit from the public employment service (SEPE), compensation for hospitalization or for days of incapacity or disability, we can always claim from the insurance company and assert our right to receive compensation for those days according to the traffic accident compensation scale, even if we are not currently employed. Being unemployed does not mean we cannot claim compensation for the days we were unable to perform our daily tasks, so it is essential to have lawyers specializing in motorcycle accident damage claims.
If you were a passenger in a motorcycle accident, you always have the right to claim compensation for damages regardless of who was at fault. In other words, your right to compensation will always apply, even if the person responsible for the accident was either the driver you were riding with or the driver of the other vehicle that caused the accident. In this case, the insurance company has the obligation to pay the corresponding compensation.
In this case, you will also be entitled to compensation for physical or psychological injuries, or material damages, etc. However, to assert these rights, you need specialized legal advice. At Masramon Abogados, we have over 20 years of experience in this area. Contact us, and we will advise you so that you can assert your rights and receive the corresponding compensation.
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