Stockton Motorcycle Accident Lawyers
Motorcyclists, unlike car and truck drivers, are at far more significant risk of suffering injuries in an accident. Motorcycles offer their riders minimal protection from accidents. Cyclists experience direct exposure to their surrounding environment, including the ground, at all times. If the force of a collision knocks a cyclist off their bike, they may fall and suffer severe injuries.
Sometimes, a cyclist’s traumatic injuries can lead to chronic pain, disfigurement, and permanent disability—even if the motorcyclist wears a helmet and takes the other necessary precautions. They might need extensive medical care and possibly live with permanent pain and disabilities.
If you or someone you care about sustained injuries in a recent motorcycle crash, immediately obtain the medical treatment you need. In addition, you should talk to a knowledgeable Stockton motorcycle attorney as quickly as possible.
At Silva Injury Law, our Stockton motorcycle accident lawyers can meet with you to discuss the circumstances leading up to your motorcycle accident and file a claim with the at-fault party’s insurance company for you. Then, if the insurance company does not offer you a fair settlement, we can file a lawsuit in court and handle the litigation process.
Contact our office directly for a free case evaluation with a Stockton motorcycle accident lawyer. We can set up your no-cost, no-obligation consultation to discuss a possible case. We can advise of your legal rights and options and get to work proving your claim if you choose to hire our firm.
How Do Stockton Motorcycle Crashes Happen?
Most motorcycle crashes in Stockton occur when people drive negligently and recklessly under the circumstances. At other times, these accidents may happen when cities and municipalities fail to properly maintain their roadways, causing deep cracks and potholes.
First, many motorcycle crashes happen due to the negligence of other drivers. Common causes of Stockton motorcycle accidents include traffic law violations, distracted driving, DUI, defective road conditions, and vehicle defects.
Many types of traffic law violations can lead to a motorcycle crash. Some of the most common violations include speeding, failing to use turn signals, and failing to yield the right-of-way to a cyclist.
In addition to violating road rules, some motorcycle crashes happen when drivers ignore the road, sometimes called distracted driving. Instead of watching the road, a driver might be adjusting the volume on their radio, programming a GPS navigation system, or fiddling with an electronic device. When a driver takes their eyes off the road or turns their head for just a second or two, they may not see a low-lying motorcycle, negligently causing a collision.
Next, some motorcycle crashes happen when other motorists drive under the influence of alcohol or drugs. Alcohol can significantly impair a driver’s reaction time, reflexes, and concentration abilities. Consequently, even if an intoxicated driver sees a cyclist, they may be unable to react in time to avoid a severe collision.
A driver is intoxicated per se if they have a blood alcohol concentration (BAC) of at least 0.08 percent. In addition to incurring criminal penalties, like fines and jail time, a driver who commits a DUI offense may be civilly liable if they cause a motorcycle accident that leads to injuries.
Defective roadway conditions are another common cause of motorcycle crashes. Cities, municipalities, and others must always maintain their roads in a reasonably safe condition at all times.
If a defect exists, they must warn about it or repair it in a reasonable time. They may be civilly liable if they fail to do so—and a motorcycle accident happens. Common roadway defects that can dislodge a motorcyclist from their bike include deep potholes, cracks, and grooved pavement. These defects are especially common around construction sites where road work occurs.
Short notice provisions often apply if you ultimately file a claim or lawsuit against the municipality. Therefore, you should take legal action sooner rather than later.
Finally, some motorcycle accidents happen because of defective motorcycle parts. Motorcycle part manufacturers and designers must ensure that their products are safe before making them available for public consumption. If they fail to design the part properly or do not test it sufficiently, the injured cyclist may pursue legal action against the manufacturer or another entity in the product distribution chain.
The knowledgeable Stockton motorcycle accident lawyers at Silva Injury Law can determine if you can file a personal injury claim or lawsuit arising from your motorcycle accident. If you’re eligible, we can assist you during every stage of the process and aggressively fight for your right to the monetary compensation you deserve.
Common Motorcycle Accident Injuries In Stockton
Motorcycles offer their riders very little protection; if an accident occurs, the rider may hit the ground and suffer serious injuries. In fact, according to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are at least 28 times more likely to suffer fatal injuries in a crash compared with other motorists.
Moreover, motorcyclists are at least four times more likely to suffer an injury in a motor vehicle accident. Cyclists suffer road rash injuries, internal organ damage, spinal cord injuries, full or partial paralysis, traumatic head injuries, deep cuts and lacerations, bone fractures, and rib fractures.
In addition to the potential monetary costs associated with medical treatment, injured cyclists may suffer permanent injuries or disabilities requiring lifelong care and treatment, such as at a nursing home. They may also experience a significantly lower quality of life due to their injuries.
Given the potential long-term consequences of a motorcycle accident, you should talk with a Stockton motorcycle accident attorney as quickly as possible. At Silva Injury Law, we can help you recover the monetary damages you deserve by negotiating with insurance company adjusters on your behalf and, if necessary, litigating your case to a prompt resolution in the court system. We can answer all of your legal questions along the way and help you make intelligent and informed decisions throughout your case.
No Average Settlements In Motorcycle Accident Claims And Lawsuits
Despite some of the statistics you may have come across online, there is no average amount for a motorcycle settlement, jury verdict, or arbitration award. This is because the ultimate result in a motorcycle accident case depends upon various factors that are highly case-specific.
In fact, motorcycle accident claims and lawsuits may have very different values, ranging from thousands of dollars to hundreds of thousands of dollars. The best way to get an estimate for your motorcycle accident claim or lawsuit is to speak with a knowledgeable attorney.
At Silva Injury Law, we can use the facts and circumstances of your case as a guideline to estimate the settlement or verdict value of your claim. In fact, numerous factors can affect the total value of a motorcycle accident case.
Those factors include:
- The specific circumstances surrounding the accident
- The force of the collision
- The way the motorcycle rider falls on the ground during the accident
- The body parts the motorcycle rider injured
- Whether or not the motorcycle rider suffered permanent injuries in their accident
- The total cost of the motorcycle rider’s medical treatment
- Whether the motorcycle rider had to miss time from work after their accident—or change careers entirely due to their injuries
- Whether the motorcycle rider suffered a permanent or disfiguring injury in their accident
- Whether a motorcycle rider may need to undergo additional medical treatment in the future
Our knowledgeable legal team can determine if you are eligible to recover any of these damages in your accident. If so, we can aggressively fight for your legal rights during settlement negotiations and during litigation to maximize the compensation you recover in your case.
Monetary Damage Awards In Stockton Motorcycle Accident Claims And Lawsuits
To recover monetary compensation and damages in a Stockton motorcycle accident case, you must satisfy the legal elements of your claim. Accident victims have the sole legal burden of proof in a personal injury claim or lawsuit. At-fault drivers and other responsible parties, however, need not prove anything in the case.
First, the accident victim must establish that the responsible party violated their duty of care. Motor vehicle drivers must operate a vehicle safely and carefully at all times. If they violate a traffic law or engage in distracted driving or DUI, they violate that standard of care. In addition to proving a duty-of-care violation, an injured motorcycle rider must establish that this violation was both the foreseeable and actual cause of the accident. Finally, they must demonstrate that as a result of their accident, they suffered physical injuries and other losses.
When motorcyclists successfully establish their legal burden of proof, they can recover monetary damages. Those damages often include compensation for their related medical expenses, including medical treatment bills, doctor visits, hospital stays, and physical therapy treatment.
If they miss time from work due to their motorcycle injuries and treatment, they can bring a claim for lost income. To prove lost wages in their case, they must ordinarily submit documentation from their employer that shows the dates they missed from work and the amount of money they lost. If an injured motorcyclist had to switch jobs or careers due to their injuries and they had to take a pay cut, they can bring a claim for loss of earning capacity.
In addition to these economic damages, injured motorcycle riders can recover non-economic damages in a personal injury claim or lawsuit. Non-economic damages compensate injured motorcyclists for their intangible losses, including inconvenience, emotional distress, pain and suffering (both past and future), lost quality of life, loss of the ability to use a body part, loss of spousal companionship, lifetime care, permanent disfigurement, and disability.
In cases where a motorcycle rider suffered fatal injuries in their accident, surviving family members can bring a wrongful death claim or lawsuit. After asserting a wrongful death claim, surviving family members can recover funeral and burial costs, loss of the decedent’s future income, and loss of the decedent’s comfort, care, and companionship.
Finally, in motorcycle accidents where the at-fault driver behaved particularly egregiously or recklessly, the accident victim may recover punitive damages. Punitive damages punish the wrongdoer and discourage other drivers from committing similar acts.
The knowledgeable Stockton motorcycle accident attorneys at Silva Injury Law understand the inconvenience, pain, suffering, and trauma that often accompany motorcycle crashes. We can zealously advocate for your legal interests during settlement negotiations and litigation to pursue the biggest monetary recovery for you.
Call A Stockton Motorcycle Accident Attorney About Your Legal Matter Today
If you sustained injuries in a motorcycle accident that resulted from someone else’s negligence, the time to act is now. Motorcycle crash victims only have two years from their accident date to file a lawsuit seeking monetary compensation and damages. If the accident victim misses this deadline, they will not be eligible to recover any monetary damages for their injuries. Therefore, you should seek experienced legal counsel to represent you in your motorcycle accident case as quickly as possible.
The skilled and compassionate legal team at Silva Injury Law can assist you during every step of your motorcycle accident claim and litigation. We can bring up the strengths of your case when advocating for you during settlement negotiations and litigation and pursue the highest possible damage award on your behalf. Reach out to a personal injury lawyer.
For a free case evaluation and legal consultation with a knowledgeable Stockton motorcycle accident attorney, please do not hesitate to call us at (209) 308-8924 or contact us online today.