Maison Law represents the families of fatal motorcycle accident victims in Stockton. If you’ve suffered the unfortunate loss of a loved one in a motorcycle accident due to the careless actions of another, the wrongful death attorneys at Maison Law are here to get you the financial support you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Fatal Motorcycle Accident in Stockton
The last thing on you and your family’s mind after the tragic loss of a loved one is how to exercise your legal options. However, insurance companies count on fatal accident victims’ families to remain unaware of their right to compensation, so they can get you to settle for a much lower amount than you’re owed. And in even worse cases, the liable party’s insurance will attempt to blame the decedent to avoid paying hardly anything for the damages done to you and your family.
This is where having a reputable attorney can protect your right to compensation and ensure the decedent is not at risk of being partially liable for the accident, which would lessen your settlement amount. Depending on the facts of your case, an attorney can:
- File for subpoenas
- Interview eyewitnesses
- Consult with medical practitioners and financial experts on your behalf
- Manage all communication with the insurance companies
- Investigate the accident scene and gather crucial evidence to build your case
- Identify all liable parties and potential sources of compensation
- Negotiate a fair settlement to cover your loss and financial future
- Represent you in court if a fair settlement cannot be reached
These processes take time, and some may even have strict deadlines, which is why it is pertinent to the success of your case to consult with an experienced wrongful death attorney sooner, rather than later. If you’ve suffered the untimely loss of a loved one in a motorcycle accident, contact Maison Law today for a free consultation and to see what options are available to you.
Do I Have a Wrongful Death Claim for a Fatal Motorcycle Accident in Stockton?
Let’s say a motorcyclist is driving down I-5 and a semi-truck loses control in front of them, causing the truck’s trailer to nearly skid to a halt, and block every lane. The motorcyclist is unable to stop in time and is thrown from the bike, causing them to lose their life in the hospital weeks later. To prove a wrongful death claim in this type of fatal motorcycle accident, the plaintiff must prove:
- The truck driver owed the motorcyclist a “duty of care” and breached that duty of care by failing to act in a reasonable way.
- The truck driver’s careless action, or lack of action, was the direct cause of the motorcyclist’s death.
Using this same scenario, let’s say the truck driver could not help losing control of their vehicle. Perhaps, the loss of control was caused by the roadways being hazardous. Under California’s Premise Liability Law, the government may be liable for the wrongful death of the motorcyclist. A government entity can fail to exercise reasonable care if they:
- Failed to maintain and inspect property
- Repair any potentially dangerous conditions
- Give proper warning of dangerous conditions
However, suing a government entity is a much more complicated lawsuit than suing another person. For example, their are tighter deadlines and different requirements that must be met to begin the lawsuit process. If a loved has been the victim of a fatal motorcycle accident due to a government entity, it is important to contact an experienced attorney as soon as possible to discuss your legal options.
Most Common Causes of Fatal Motorcycle Accidents in Stockton
According to the Federal Highway Administration, fatal motorcycle accidents have gone significantly up since 1997, while fatal car accidents have gone down. The reason the accident data is trending in this direction is so that while cars become safer, motorcycles have remained just as dangerous, if not more so due to technology allowing them to go faster than ever before. Even in Stockton’s San Joaquin County, according to the Transportation Injury Mapping System, speeding is the result of over 31% of all motorcycle accidents in the county.
The most common reasons for fatal motorcycle accidents include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal motorcycle accidents in California.
- Lane-splitting: occurs when motorcyclists ride between lanes of traffic, which can lead to accidents if drivers are not aware of the motorcyclist.
What is the Typical Compensation for a Fatal Motorcycle Accident in Stockton?
Compensation for fatal motorcycle accidents can be difficult to predict. With so many variables, no case is the same and factors such as the amount of income lost due to the loss of your loved one, the amount of medical bills owed due to the accident, and the funeral expenses all vary in cost on a case-to-case basis. However, an average amount can be reached by calculating the cost of economic and non-economic damages you and your family have suffered due to the untimely loss of a loved one. These damages include:
- The financial support received from the decedent
- Loss of income the decedent would have continued to earn
- Funeral and burial expenses
- Loss of benefits the family would have received from the decedent
- Loss of consortium
- Mental trauma and anguish associated with the loss of a loved one
Even if your loved one is found partially at fault, you and your family can still file a wrongful death claim and are still entitled to damages. The legal complexities of a wrongful death lawsuit may seem intimidating, but you should always consult an experienced wrongful death attorney to see what options are available to you.
Contact a Fatal Motorcycle Accident Lawyer in Stockton
If you’ve lost a loved one due to the careless driving of another, the motorcycle accident attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. We have years of experience in wrongful death cases and liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. Contact Maison Law today for a free consultation and case evaluation.
