Stockton Motorcycle Accident Lawyer
Motorcycle Injury Attorneys in Stockton, California
Riding a motorcycle can be exciting, fun, and an economical way to travel compared to larger motor vehicles. Unfortunately, they can also be dangerous because of careless and reckless drivers. Motorcycle accidents are often caused by other drivers who fail to keep an eye out for motorcyclists, but riders are the ones who suffer the most. Unlike passengers in enclosed vehicles, riders lack the protection of seat belts, airbags, and the structure of a car. When riders collide with passenger cars, they’re more likely to suffer severe and debilitating injuries.
From one moment to the next, a rider can go from enjoying their time on their bike to ending up in a lot of pain. At Setareh Law, we have handled numerous motorcycle accident claims and understand the devastating effects; this is why we are determined to help you get the compensation you deserve and hold the negligent driver accountable.
Most Common Causes of Motorcycle Accidents
The vast majority of accidents, including motorcycle accidents, are often preventable because the cause of the accident tends to lie in human error. The top causes of accidents are the result of drivers violating traffic laws and failing to drive in a reasonably safe manner. Common behaviors that lead to motorcycle accidents include:
- Distracted driving
- Driving under the influence
- Unsafe lane changes
- Failure to check blind spots
- Not looking both ways before making a turn
- Reckless driving
- Failing to signal
- Unsafe lane splitting
- Failure to yield right of way
When drivers fail to follow traffic laws, they put themselves and others at risk. Those who breach their duty of care should be held accountable for their actions, which is why victims are able to file personal injury claims. Through a personal injury claim, victims can recover compensation for the damages they suffered and hold the at-fault party legally responsible for paying them that compensation.
Who Is Liable for a Motorcycle Accident?
Determining fault and liability requires a thorough investigation into the accident. An investigation will involve collecting evidence of the accident scene, speaking with eyewitnesses, reviewing the police report, and consulting with accident reconstruction experts. Parties that may be liable for a motorcycle accident include:
- Third-party driver
- Party responsible for road maintenance
California operates under the pure comparative negligence rule, which means that individuals partially responsible for the accident can still recover damages from the other party. However, their damages will be reduced by the portion of blame assigned to them.
Insurance companies only aim to keep their money regardless of whether or not their insurer should be held responsible for the accident. Their goal is to limit their payout as much as possible, even denying a person’s claim for the slightest mistakes. This is why people benefit from working with an experienced and knowledgeable motorcycle accident attorney. An attorney understands the ins and outs of personal injury law and has the skills and resources to help you build a strong claim.
What Are Motorcyclists’ Responsibilities on the Road?
Motorcyclists are responsible for their basic safety while they’re on the road. Specifically, California’s motorway legislation states that motorcyclists must wear the appropriate protective gear. These parties must also obey roadway laws, signal and protect pedestrians, and generally take reasonable steps to protect themselves from harm.
In this vein, some motorists can contribute a portion of the fault to their roadway accidents, particularly if they’re operating in violation of California law. However, California operates on an understanding of comparative negligence. So long as a motorist is less than 50 percent responsible for an accident, they can demand compensation in civil court.
Recoverable Damages in a Motorcycle Accident Claim
Victims of motorcycle accidents caused by another party’s negligence are entitled to various types of damages. Those recoverable damages consist of the following:
- Coverage for all accident-related medical expenses
- Lost wages
- Property damage (motorcycle repairs or replacement)
- Household out-of-pocket expenses resulting from the accident
- Loss of enjoyment of life
- Loss of companionship
- Pain and suffering
Motorcycle riders suffer the brunt of an accident caused by a negligent driver but face biases during the personal injury process that makes it difficult for them to recover maximum compensation. Insurance companies will try to blame the rider, claiming that most riders are often reckless, which is not actually the case. As unfair as it is, the truth is motorcycle riders are vulnerable on the road and during the claim process. This is why riders need a skilled and determined attorney at their side. Someone who can push back against insurance companies and aggressively pursue your right to compensation.
How Can Survivors Respond to Motorcycle Accidents?
Motorcycle accident survivors can respond to a motorcycle accident in one of two ways. With the help of a motorcycle accident attorney in Stockton, you can pursue accident negotiations through which you can secure a settlement for your losses. You can alternatively request that your case move forward to stand before a judge.
No matter which of these paths you want to take, you must file a complaint demanding your right to action with a local county clerk. This complaint serves as the primary documentation of your accident. You can submit raw data, including police reports, medical records, and mechanic’s bills, alongside this complaint to better make your claim.
How a Stockton Motorcycle Accident Attorney Can Help You
The biggest benefit to having an attorney at your side is that they’re your advocate in the room. They fight to protect your rights and best interest, improving your chances of recovering a full settlement amount. In addition to being your advocate, an attorney can handle the logistics of your case, giving you the space to focus on your recovery. An attorney can:
- Answer all your legal questions
- Investigate the accident
- Analyze evidence
- Calculate your damages
- File a demand letter
- Negotiate with insurance companies
- Consult expert witnesses to support your claim
- Prepare your case for trial when necessary
Most personal injury claims are resolved through settlements, but when insurance companies refuse or are unwilling to cover the maximum value of the claim, the claim moves to trial. Our attorneys at Setareh Law will aggressively pursue full and fair compensation and are ready to face the at-fault party in the trial if it means getting justice for our clients.
Contact Our Motorcycle Accident Lawyer Today
The aftermath of a motorcycle accident can be overwhelming, but you don’t need to face it alone. Our motorcycle accident lawyer at Setareh Law is here to help guide you through the entire process. We have dealt with insurance companies whose only goal is to save themselves money and know how to build a strong claim that holds up despite their tactics.
You deserve maximum compensation for what you’ve suffered, and Setareh Law is here to fight on your behalf to obtain the best possible outcome. Contact our office today to schedule a consultation by completing our contact form or calling (310) 659-1826. We also speak Spanish.