Maison Law and our team of Stockton motorcycle accident lawyers can represent you or a loved one if you’ve been injured in a rear-end motorcycle accident. Despite Stockton being a popular destination for motorcycle riders, the possibility of being in an accident is always present. This, unfortunately, results in serious injuries and other damage. If this has happened to you, contact us today for a free consultation.
Do You Need a Lawyer After a Motorcycle Accident?
Facing a motorcycle accident is certainly scary, but particularly if you’ve been rear-ended by a vehicle and are seriously injured. While every accident is unique, the need for a lawyer isn’t actually required in California. So, you don’t technically need a lawyer, but having one–especially in incidents like being rear-ended–can be helpful to you in many ways:
- Legal guidance – First and foremost, we can provide you with experienced legal guidance. We’ll look at the facts of your case and tell you what your options are. Better yet, this initial consultation is free. Then, if you want to proceed further, we’ll give you a basic outline of how the case will go and represent your interests.
- Collecting evidence – There’s going to likely be a lot of evidence you’ll need to get to support your case. While you can handle parts of that, like your medical records and personal property, we can help you get other important pieces of evidence, like accident reports, witness testimony, and evaluations from experts.
- Filing claims – Generally, you’ll have the option to file an injury claim after being in an accident. We’ll help you figure out who’s responsible, get their insurance information, and file a claim with their insurance provider to get financial support.
- Negotiating – Not only will we help you file and make a claim for your injuries, we’ll also make a formal demand and then negotiate your claim with insurance or anyone else involved. Our number one goal is to get you the offer you are owed. If the insurance company refuses or sees things differently, we’ll then help you file a lawsuit.
There’s no sugarcoating it, most motorcycle accident claims can be challenging. Thankfully, our team is experienced and we can guide you properly through this sometimes frustrating process. This will allow you to focus on your health and family. Still, though, it’s important to understand how the process actually works.
Legal Process After a Motorcycle Accident
Rear-end motorcycle accidents are similar to other types of rear-end accidents in terms of the pain they can cause you. That said, when it happens to you on your motorcycle, it’s usually even more impactful. This is because you simply don’t have as much protection on a motorcycle, and have even less protection in the event of being rear-ended by a larger, moving vehicle.
However, given these parameters, there’s a general legal process for making a claim–whether it be an insurance claim or a lawsuit.
First, you need to establish liability. This is simply who is legally responsible for covering your injuries or damage. In a rear-end accident, this is usually going to be the driver of the vehicle that hit you. However, there’s others that can be involved, depending on the circumstances of the accident:
- Another driver
- A passenger or pedestrian
- The government agency that’s responsible for maintaining the road or traffic light
- Brake or other car part manufacturers if a part malfunctioned
- You can even share some of the liability, known as “comparative negligence.”
The ultimate determining factor of liability is whoever acted in an unsafe way that caused the accident and your injuries. Further, you, as a victim, have the right to file a claim against every responsible party. Again, every claim is unique, but usually they involve the following steps:
- Filing the claim, either with the insurance company directly or by a personal injury lawsuit in civil court
- Serving the lawsuit on the liable parties, who will then be the defendants
- Going through discovery, which is the formal process of gathering evidence through answering questions, producing documents and records, and sitting for and taking depositions
- Negotiating and potential mediation to try to reach a settlement
- Possibly going to trial before a judge and jury
The main difference between filing an insurance claim and lawsuit is that the insurance claim happens outside of court. Still, the actual process involves many of the same concepts and steps, from investigation to evidence gathering to an eventual settlement. The overall goal, though, is to recover certain damages.
What Damages Are There in a Motorcycle Accident Claim?
As you might expect, being in a rear-end motorcycle accident is going to result in certain injuries and damage to you. Unfortunately, even by wearing safety gear and being careful, getting rear-ended by a vehicle while you’re on your motorcycle could leave you with significant injuries like:
- Traumatic Brain Injuries (TBI)
- Broken bones
- Torn ligaments
- Neck and back injuries
- Spinal injuries
To properly respond, California law allows you the ability to recover “damages” from the responsible party, which are meant to address these injuries and other harm that came from the accident. In a typical claim, you could potentially recover:
- Medical expenses – These cover the cost of any surgeries, emergency care, treatment, and ongoing care.
- Property damage – These damages will attempt to cover the cost of repairing or replacing the damage to your motorcycle or any personal property that was damaged in the accident.
- Lost wages – These are meant to cover any lost income from not being able to work or missing work as a result of your injuries.
- Loss of enjoyment of life – These damages will go toward the impact the accident has had on your ability to enjoy your life as you did before the accident. You can also get damages if the accident hurts your personal relationships.
- Pain and suffering – These damages relate to the physical pain and suffering you go through because of the accident.
- Emotional distress – Emotional distress damages relate to the emotional and psychological impact that results from the accident.
Obviously, these damages differ from case to case. Not only that, but what you’re able to recover depends on the evidence you have and how effectively you present it. Making sure to file your claim within the statute of limitations is the main hurdle you’ll need to clear to even get these damages. In California, you have two years from the date of the accident to file. After you do that, though, consider working with our team to make sure you’re able to get the full extent of your damages.
Contact Maison Law For a Free Consultation
Facing a motorcycle accident of any kind is going to be challenging. Not only do you have to deal with your physical injuries, but emotional and psychological impacts as well. Basically, it’s going to mean changes. At Maison Law, we understand how impactful motorcycle accidents are on your life. We’re here to make the recovery process easier. We’ll explain your legal options and stand by your side the whole way. Contact us today for a free consultation to get started.
