Most motorcycle accidents are disastrous in nature due to the lack of typical safety features available in other motor vehicles, like airbags and the structural protection that comes with a frame. As such, motorcycle accidents are more likely to cause severe personal injuries like spinal cord injuries and traumatic brain injuries (TBI). In fact, hundreds of fatalities result from motorcycle accidents in California each year.
In most scenarios, other motorists are responsible for motorcycle accidents in Stockton. Therefore, if you or your loved one has been involved in a motorcycle accident, you may want to contact an experienced Stockton motorcycle accident lawyer at Kash Legal for help filing an insurance claim or civil lawsuit.
In California, liability (or legal responsibility) is based on fault. The party that caused the accident is answerable for damages caused. Because California is a comparative negligence state, compensation in a personal injury claim is awarded in proportion to the degree of fault of all involved parties, including the plaintiff. For example, if a car was going above the speed limit and crashed into you, they were at fault.
However, if the biker ran a red light, the defense may argue that if they did not run the red light, they would not have been at the intersection where you were hit. In this case, you are partially liable. The court will determine the defendant’s degree of fault, and compensation will be awarded in proportion to their degree of responsibility.
California is a comparative fault state, where compensation for damages is awarded according to the degree of fault. However, some accidents may involve more than two parties being responsible. For example:
Apart from awarding damages in proportion to the degree of fault, California also protects the injured party from being unable to collect compensation. When the main party in a multiple-party personal injury claim is judgment-proof, poor, or insolvent (unable to pay their portion of damages), the plaintiff is protected by the Doctrine of Joint and Several Liability. To understand how this liability doctrine is executed, we must look at the damages arising from a personal injury claim.
Because of the significant difference in mass between a vehicle and a motorcycle, motorcycle accident victims can suffer severe injuries. These injuries may include:
Losses in a personal injury claim are compensated in damages. These damages are paid as economic and non-economic damages.
These are out-of-pocket monetary expenses that the injured party has spent or will spend in the future. To help ease the financial burden caused by motorcycle accident injuries, your personal injury attorney will help you seek compensation for resulting monetary losses. Potential economic damages include but are not limited to:
To prove economic damages, your Stockton motorcycle accident lawyer will present billing records, receipts, invoices, and repair estimates to the court. The plaintiff can collect the total sum awarded in economic damages from one of the parties despite the fault percentages. This is called joint liability.
These are non-monetary losses incurred by the injured party or a loved one. Potential economic damages include but are not limited to:
Concerning non-economic damages, each party will be held responsible for the amount corresponding to their fault percentage.
There are numerous reasons to take quick action after a motorcycle accident in Stockton, among them being that you only have a limited amount of time to file a motorcycle accident lawsuit in Stockton. The statute of limitations lays out how long after an accident a personal injury victim has to file a claim.
In California, you have two years after the date of your accident to file a claim, after which the court will permanently bar you from claiming compensation. The courts of California allow exceptions in unique circumstances where the statute of limitations is suspended for some time before it begins to run again. These circumstances include:
Once the reason for the exception is over (for example, reaching 18 years), the two-year statute of limitations will apply. Cases that involve suspending the statute of limitations can be very complicated. You may need to seek legal assistance from an experienced personal injury attorney.
Dealing with a catastrophic motorcycle accident injury can be overwhelming for you and your loved ones. Hiring a personal injury attorney will allow you to focus on recovery while your lawyer handles all the logistics of your case. This includes aspects like:
You might wonder about your legal options if you lost a loved one in a motorcycle accident. Contact a Stockton legal professional who will help you understand wrongful death claims and represent you in court.
Have you or your loved one been involved in a motorcycle accident that led to personal injuries or loss of life in Stockton? An experienced Stockton motorcycle accident lawyer can help you seamlessly handle your case.
Our attorneys at Kash Legal will do everything within their power to get you the compensation you deserve. Call our offices at (888) 527-4128 or fill out our contact form to arrange a free consultation. We will review your case and advise on all available legal avenues without costing you a dime.
We will be in touch within 24 hours.
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