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Stockton Motorcycle Accident Lawyers

Motorcycle accidents of any kind have a greater risk of causing severe injuries than other types of crashes. Many of these injuries lead to permanent disability, disfigurement, and chronic pain, even if the motorcyclist takes the necessary precautions. Unfortunately, this is the reality for those hit by a negligent driver while riding.

If this happens to you or a loved one, you need a strong advocate on your side who understands the impact of such a traumatic event. At Silva Injury Law, we use our extensive trial experience to support victims and their families throughout the claims process. For us, our clients are our family, so we look out for them every step of the way. If the insurance company refuses to negotiate, we’re ready to take it to the courts. Whether you have questions about your case or would like to setup a free consultation, contact us today.

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Common Causes of Motorcycle Accidents

The first step in almost any motorcycle accident claim is determining the cause of the accident. This is critical when it comes to establishing fault in a motorcycle crash. That being said, some of the most common causes of motorcycle accidents include:

  • Speeding,
  • Improper turns,
  • Poor road conditions,
  • Distracted driving,
  • DUI/DWI, and
  • Vehicle defects.

While most motorcycle accidents happen due to the negligent actions of another driver, some occur because of other factors. For example, some motorcycles have defective parts that cause accidents when they fail, like brakes or tires. Poor road maintenance also plays a role in some crashes, especially if the motorcyclist encounters potholes or heavy construction. Our knowledgeable Stockton motorcycle accident lawyers take all these factors into consideration when trying to recreate the events leading up to the crash.

Typical Motorcycle Crash Injuries

Since motorcycles don’t offer the same physical protection as other vehicles, accidents involving them usually lead to severe injury or death. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely to die in an accident compared to other motorists and 4 times more likely to receive an injury. Some of these injuries include:

  • Fractures,
  • Road rash,
  • Lacerations,
  • Organ damage,
  • Paralysis or paraplegia,
  • Spinal cord injuries, and
  • Traumatic brain injuries.

Of course, these common injuries have costs far greater than financial loss for the victims. In many cases, the injury causes permanent disability, requiring lifelong assistance and resulting in a lower quality of life. This is why it’s important to consult with an attorney after a motorcycle accident. They understand the long-term consequences of these injuries and seek compensation for both current and future damages associated with the crash. Ultimately, the more severe the injuries, the more that’s at stake for victims and their families.

What Is the Average Settlement for Motorcycle Accidents?

During your research, you may find several sources online which claim to know the average settlement for a motorcycle claim. However, these estimates are somewhat misleading for a few different reasons. 

First, most averages don’t include any confidential settlement amounts. This greatly skews the calculated average and leaves out a good portion of all cases. Second, settlement amounts vary widely. This means that the average doesn’t really capture the typical amount received by most people. For example, if you have one case worth $1 million and another worth $10,000, the average is $505,000. Clearly, this isn’t close to either case and may lead some to overestimate or underestimate their claim’s value. 

Ultimately, the best way to know the value of your claim is to speak with an attorney. At Silva Injury Law, we take into account the individual factors of your accident to calculate a potential settlement. This is much more accurate than estimating a claim based on someone else’s case.

Factors That Affect the Value of Your Case

When figuring out the value of a claim, our Stockton motorcycle accident lawyers look at several different factors. Injury claims have multiple moving parts that distinguish them from other cases, even if they have similar circumstances. In general, the value of any given motorcycle accident claim comes down to two things: total damages and comparative negligence.

Damages

In motorcycle accidents, there are two types of damages victims usually claim. The first, called economic damages, includes any financial losses. In essence, these are things related to your accident that have direct financial costs, such as:

  • Current and future medical treatment expenses,
  • Lost wages during the recovery process,
  • Reduced earning capacity, and
  • Property repair or replacement.

These losses usually serve as the foundation of the claim since they establish the injury itself. However, the second damage type, called non-economic damages, is just as important. Instead of covering financial losses, this type refers to any physical or emotional costs. In other words, many of these losses are intangible. This includes things like:

  • Mental anguish,
  • Pain and suffering,
  • Loss of life’s enjoyment,
  • Permanent disability, and
  • Severe disfigurement.

Due to how personal non-economic damages are, they aren’t straightforward to calculate. As a result, many attorneys determine how to calculate them on a case-by-case basis.  

Comparative Negligence

Another major factor in motorcycle accident claims is comparative negligence. The state of California follows a pure comparative negligence law, which means that victims may pursue compensation even if they are partially at fault for the crash. However, the law also reduces the victim’s award by their percentage of fault. So, if a victim has $100,000 in damages and is 20% at fault, they receive only $80,000.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln

Discuss Your Claim with One of Our Stockton Motorcycle Accident Attorneys

Whether you or a loved one sustained an injury while riding their motorcycle, Silva Injury Law is here for you. With a proven record of success, industry recognitions from the National Trial Lawyers and SuperLawyers, and extensive trial experience, our attorneys aren’t afraid to bring a case to court. From day one, we manage every aspect of your case, from gathering evidence to negotiating with the insurance company. To schedule a free consultation, contact us online or give us a call.

 

Our experienced legal team also handles other types of personal injury cases, including: