Even when motorcycle accidents don’t result in fatalities, victims often require extensive medical treatment and may sustain injuries that necessitate costly, long-term care. These unfortunate incidents can leave both you and your family in need of assistance and support.

For help and support in such situations, consider reaching out to our team of experienced Stockton personal injury lawyers at Maison Law. We have a strong track record of assisting motorcycle accident victims throughout Stockton and the surrounding areas in recovering much-needed financial support for their physical, emotional, and financial losses.

If you’ve been involved in a motorcycle accident in Stockton, don’t hesitate to contact us today for a free consultation.

Can I Be Liable in My Own Stockton Motorcycle Accident?

Getting the financial support and benefits you need after a motorcycle accident in Stockton starts with establishing who is at fault, a process known as determining liability. This hinges on proving negligence, which means:

Demonstrating that the actions of the other driver caused the accident and your injuries.

In any motorcycle accident, you should consider four key elements of negligence:

Duty of care – The other driver had a responsibility to drive safely and avoid causing an accident.
Breach of duty – The other driver failed in their duty by driving recklessly or negligently.
Causation – The actions of the other driver directly led to the motorcycle accident.
Damages – The accident resulted in injuries and losses for you.

This, obviously, opens the accident up to a number of potentially liable parties:

Other drivers involved
Government agencies responsible for road maintenance
Manufacturer of the motorcycle or defective parts or equipment
Property owners
Passengers or pedestrians
Contractors

Comparative Negligence

Another aspect of liability in a Stockton motorcycle accident has to do with your actions at the time of the accident. In legal terms, this is known as “comparative negligence.” This means that even if you share some responsibility for the accident, you might still be eligible to receive some compensation. However, the amount you can recover may be reduced in proportion to the extent of your own fault.

It’s important to note that the specific circumstances of the accident and the available evidence will be thoroughly examined to establish liability and assess the degree of fault. From your perspective, this means that certain actions while riding a motorcycle could potentially lead to you being considered at fault. These actions may include:

Riding at excessive speeds.
Riding while under the influence of alcohol or drugs.
Becoming distracted while riding.
Failing to wear appropriate protective gear or helmets.
Lane splitting or aggressive riding maneuvers.

Understanding these factors is essential, as they can influence the determination of fault and the financial support you may ultimately receive in the event of a motorcycle accident. With that said, it’s crucial to understand just how your claim is assessed.

How is a Motorcycle Accident Claim Assessed in Stockton?

Once liability is established, the question of who has to cover your damages is generally answered. However, it’s actually done through an injury claim–either through an insurance claim or a lawsuit. The responsible party is usually required to have insurance for accidents like this. However, each motorcycle accident is unique, so every claim is different. To estimate the potential value of your claim, it’s crucial to understand how insurance companies typically calculate it, taking into account factors such as:

The severity of your injuries and losses.
Your share of fault in the accident (comparative negligence).
How the accident affects your ability to earn income.
Any emotional and mental trauma stemming from the accident.
How the accident impacts your ability to enjoy life.

Ultimately, the insurance company is the one that will make the final determination regarding liability and how much your claim is worth. Because this involves financial support and benefits you’ll need, it’s very important to make sure your claim is as strong as possible.

Protecting a Motorcycle Accident Claim in Stockton

It’s obvious that no one wants to be in a motorcycle accident in Stockton, yet they occur quite frequently. More to the point, riding a motorcycle is exciting, but inherently risky. So, even though you might want to think about being in an accident, it could very well happen. When it does, you’ll need to know how to protect your potential claim. Luckily, our team can help in this regard. On your end, though, you’ll need to make sure to:

Gather evidence – Collect proof supporting your side, like accident photos, vehicle damage, witness statements, and documents.
Seek medical care – Get immediate medical help for your injuries to link them to the accident.
Follow traffic laws and rules – Make sure you follow traffic laws while riding your motorcycle, like speed limits and signals.
Maintain records – Keep copies of essential documents like medical records, bills, and repair estimates.
Handle insurance carefully – Be cautious when talking to insurers, consult your lawyer before providing detailed statements.
Cooperate with investigation – Fully work with police and insurance investigations, providing accurate and factual information.

Remember, the specifics of your case and available evidence are crucial in determining fault. Consulting our experienced motorcycle accident lawyers can give you personalized guidance based on California’s laws and regulations.

Filing a Motorcycle Accident Claim in Stockton

The good news is that you don’t necessarily need to wait to file a claim for damages after a motorcycle accident. In fact, if you have all the insurance information, you can go ahead and file a claim with the at-fault party’s insurance company on your own. However, insurance companies are very crafty and resourceful when it comes to protecting their interests. Moreover, just because you file a claim doesn’t mean it’ll proceed as quickly as you’ll need it to.

That’s another reason why it’s so important to work with our lawyers. We have a wealth of experience in this area, and can help you with the claims process. Generally speaking, there are two primary approaches to beginning the claims process: filing an insurance claim or filing a lawsuit.

Insurance claim – Typically, the initial step is to file a claim with the insurance company. They will investigate the accident and assess the circumstances. Subsequently, they will propose a settlement. You have the option to accept this offer or, if it proves insufficient, you can proceed with a lawsuit.
Personal injury lawsuit – If the insurance claim doesn’t provide what you need in a settlement, the next course of action is to file a personal injury lawsuit. This legal action enables you to pursue various forms of financial support.

Damages

In a motorcycle accident claim, you may be entitled to the following types of compensation:

Coverage for your medical bills related to the accident.
Financial considerations for income you’ve lost due to the accident.
Financial support for the physical and emotional distress caused by the accident.
Payment for the repair or replacement of your damaged property.
Support for the diminished quality of life or loss of companionship resulting from the accident.

The actual amount of damages you can receive depends on specific case details, such as the severity of your injuries and your degree of fault in the accident. Also, it’s vital to be aware of California’s statute of limitations for injury claims, which is a two-year deadline from the accident date. Missing this deadline means you cannot file a claim, forfeiting your right to seek a claim for your injuries and damages, even if the other party is at fault. This could hinder your recovery from injuries significantly.

It’s important to recognize that the process of seeking damages can be intricate and time-consuming. Therefore, it is crucial to work with our team of experienced motorcycle accident lawyers. We have the knowledge and understanding of California’s laws and can help make sure your claim remains viable throughout the process.

Common Causes of Motorcycle Accidents in Stockton

Despite being aware of risk factors, motorcycle accidents can still occur in Stockton. Regardless of your experience, these accidents can happen suddenly, often due to the actions of other drivers on the road. It’s important to be aware of the typical causes of motorcycle accidents to better prepare yourself. Some common causes include:

Failing to check blind spots properly can lead to accidents.
Making unsafe lane changes or riding between lanes increases the risk.
Driving too fast for road conditions can result in accidents.
Some drivers may not give the right of way to motorcyclists.
DUI is a significant contributor to accidents.
Getting distracted while driving poses a danger.
Running stop signs or traffic lights can lead to collisions.

Motorcycle accidents can also occur without direct involvement of other drivers, known as “no-contact” accidents. These incidents often result from:

Poorly maintained roads
Faulty parts or equipment
Negligence by pedestrians or other drivers

Regardless of the cause, motorcycle accidents in Stockton typically result in injuries and other damages that can be overwhelming. These injuries may include:

Road rash
Cuts and bruises
Fractured bones
Internal injuries
Strained muscles
Neck and back injuries
Whiplash
Traumatic brain injuries or concussions
Death, in severe cases

The limited protection provided by motorcycles makes riders vulnerable to these injuries, even when wearing appropriate gear and helmets. Even still, riding a motorcycle carries significant risk, especially in the more crowded areas of Stockton. However, the fact remains that you have rights when you’re injured in an accident that was someone else’s fault.

Free Consultations For Stockton Motorcycle Accident Victims

Being in a motorcycle accident is not what you sign up for when you take your bike out in Stockton. Unfortunately, these accidents have become more and more frequent as roads become more crowded and other drivers have more distractions.

When you or a loved one are injured in a motorcycle accident, turn to our team of experienced Stockton personal injury lawyers at Maison Law. With our client-specific approach and dedication, we’ll make sure you get the compensation you deserve. Contact us today to set up your free consultation.