Maison Law represents motorcycle accident victims in Manteca. If you or a loved one has been injured in a motorcycle accident, the Motorcycle Accident Attorneys at Maison Law can get you the compensation you need.
Motorcycle accidents tend to be horrific collisions, resulting in life-altering injuries. That’s why it is essential to partner with a law firm that will work hand in hand with you in the pursuit of justice. Contact Maison Law today for a free consultation and case evaluation.
How the Manteca Motorcycle Accident Lawyers at Maison Law Can Help
With its mix of winding roads and stunning views, Manteca is a popular motorcycle destination. Routes like Highway 49 are not just popular scenic routes for motorcyclists, but they’re also high-traffic areas for 18-wheelers and other motorists. Unfortunately, with motorcyclists being some of the most exposed motorists on all the highways stretching across Manteca, motorcycle accidents can result in severe injuries and, in worse cases, death.
Maison Law advocates on behalf of injured motorcyclists in Mantca by aggressively pursuing compensation on their behalf. Insurance companies typically offer injured riders minimal coverage, leaving them financially strapped with medical bills or unresolved injuries. Our firm will hold the insurance company responsible for covering the full extent of your damages, which can include:
- Present and future medical expenses
- Loss of income, as well as a reduction in earning capacity
- Cost of living with an injury, such as making a home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to property during the accident
- Pain and suffering caused by injuries and loss of enjoyment of life
- Stress and anxiety due to the nature of the accident
Understanding How Motorcycle Accident Law Protect Injured Riders
Other drivers on the road owe a “duty of care” to the other drivers around them, including motorcyclists. Duty of care isn’t just a suggestion for drivers in Manteca, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. This includes motorcyclists. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
To establish the actions of a careless driver caused your motorcycle accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the other driver failed to uphold their duty of care toward other drivers
- Cause: the other driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
What if My Manteca Motorcycle Accident Involved a Government Vehicle
Any city, state, or federal government entity in California can be held liable for a motorcycle accident if they are at fault. However, when it comes to suing the government, there are requirements that are different from those found in typical motorcycle accident cases.
Before you can sue a public entity in California for causing a motorcycle accident, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:
- State government
- County agencies and departments
- Local government agencies
- Government employees
If you are filing a wrongful death claim against a local government entity, you can file a claim directly with the governing board or clerk. Many local departments have their own claim form for you to fill out, accessible at their offices or online. You can do so here on Manteca’s Government “Risk Management” web page.
To file a claim against California state agencies or employees you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
How Does Fault Work in a Motorcycle Accident Injury Claim?
In most states, the at-fault party’s insurance is responsible for damages. In California, however, the fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, being found partially at fault for a motorcycle accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your interest rates will not go up.
Common Dangers that Cause Motorcycle Accidents in Manteca
In 2017, according to Berkley University, nearly 22% of all motorcycle accidents were fatal or ended in severe injuries. These horrific accidents are common in Manteca due to the lack of awareness from other motorists and the amount of risk involved with using a motorcycle in high traffic areas. The following dangers are the leading cause of fatal motorcycle accidents:
- Absence of barriers: motorcyclists are not protected by metal, airbags, or seat belts like a typical car. The only preventative barrier is their helmet.
- Reduced Stability: Motorcycles can travel at high speeds, but at the cost of stability, making them susceptible to other vehicles, harsh weather, and hazardous road conditions.
- Reduced Visibility: Motorcyclists are less noticeable to other vehicles, especially at night.
- Poor Road Conditions: debris and other objects on the road might be easy for a car to ride over, but a motorcyclist is at a much higher risk if the road surface has been compromised.
What Damages Can You Claim from a Motorcycle Accident in Manteca?
Depending on the severity of your accident, there are several damages available to motorcycle accident victims. Motorcycle accidents can be expensive for victims and their families. These damages include:
- Present and future medical expenses
- Loss of income, as well as a reduction in earning capacity
- Cost of living with an injury, such as making a home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to property during the accident
- Pain and suffering caused by injuries and loss of enjoyment of life
- Stress and anxiety due to the nature of the accident
According to the Insurance Information Institute, motorcycle accidents have an average of around $16 billion in damages each year.
How Much Can I Get from a Manteca Motorcycle Accident?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a Motorcycle Accident Lawyer.
The following factors will play a large part in determining the total value of your motorcycle accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact a Manteca Motorcycle Accident Lawyer
If you or a loved one has suffered injuries due to a motorcycle accident in Manteca, the Motorcycle Accident Attorneys at Maison Law are here to help. We’ll fight for your right to fair compensation, as well as ensure your insurance rates do not go up by proving you were not at fault for the accident.
Our firm has proudly managed numerous motorcycle accident cases, successfully protecting riders from liability and winning beneficial settlements. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until your case is won.
