Stockton Motorcycle Accident Lawyer

Written by: Steven L. Brown

motorcycle accident

Riding a motorcycle can be fun and exciting. Motorcycles are also an economical way to travel when compared to larger motor vehicles. Unfortunately, they can also be much more dangerous because of the carelessness of other drivers. Motorcyclists are often the victims of motorcycle accidents caused by other drivers who are not careful. Lack of visibility, lane changing, failing to yield the right-of-way to oncoming traffic, and speeding are common factors in motorcycle accidents. Additionally, in these accidents, motorcycle accident victims often suffer catastrophic injuries, such as a traumatic brain injury, that require extensive medical treatment.

If you or a loved one is dealing with injuries due to a motorcycle accident, the personal injury motorcycle accident attorneys at Brown & Gessell in Stockton, CA are ready to help you get the compensation you deserve from the responsible parties. Reach out to us today to schedule a free consultation with a Stockton motorcycle accident lawyer.

Why choose Brown & Gessell to represent you in the San Joaquin Valley?

The Stockton motorcycle accident attorneys at Brown & Gessell will address your questions and concerns regarding your rights after a motorcycle accident. We have the legal expertise to ensure you are compensated fairly. We have handled hundreds of accident cases, many of which involved motorcycles.

You can be certain that the driver of the vehicle who caused the accident and any other parties involved will have an attorney representing their interests. It is important that you have someone on your side who is looking out for you to help you recover lost wages, money for your medical treatment, and the other damages you’ve incurred as a result of a car accident. Call us now at (209) 583-3938.

Brown & Gessell: Your Stockton Motorcycle Accident Attorney

If you or a loved one have suffered injuries in a motorcycle accident in Stockton, the partners at Brown & Gessell are uniquely qualified to handle your case because we are intimately familiar with the city’s courts, judges, and staff.

Douglas A. Gessell was raised in San Joaquin County and has represented accident victims in Stockton for 12 years. Steven L. Brown has raised his family for the last 20 years in the County and is the past President and a member of the San Joaquin County Bar Association’s board of directors, and a past member of the American Inn of Courts. Their familiarity with the area allows them a very personal insight into your motorcycle accident case. Start your case with an advantage and call us today.

A photo of a man holding up a sign reading "Motorcycle Accidents"

In California, Special Laws Apply to Motorcycle Riders

The lawmakers in California have established an intricate set of laws that apply specifically to motorcyclists. These laws cover such areas as:

  • The protective equipment required to operate a motorcycle;
  • The places on the road where motorcyclists may go;
  • The types of motorcycles that may be operated on the road;
  • The signaling requirements for motorcyclists; and
  • The comparative responsibility of car drivers and motorcycle riders.

These and other areas of law may determine whether a victim of an accident will be awarded compensation. The attorneys at Brown & Gessell are familiar with these special laws and their application to the real-life accidents on our highways.

We are the legal team you need to fight for compensation after being injured in a motorcycle accident. Set up a consultation at our law office today.

Our Stockton Motorcycle Accident Lawyers Will Build a Strong Case for Your Motorcycle Accident

Gathering Evidence

At Brown & Gessell, your attorney will prepare a claim against the driver who caused your injuries or their insurer. We will start by gathering all evidence, including your medical records, pictures or videos taken of property damage and injuries at the accident scene, testimony from witnesses, police reports, and information you provide regarding wages you have lost as you recovered from your injuries. The police report may also indicate that the driver of the other vehicle was issued a citation for violating traffic laws, which can aid in proving negligence and liability.

Determining the Value of Your Claim

To determine the value of your claim, your Stockton motorcycle accident attorney will add all economic damages, including medical bills, lost wages and other income lost, property damage, and pain and suffering you have experienced and will experience in the future. The extent and severity of your injuries will also be factored into your compensation. Severe injuries from a motorcycle crash will command a higher settlement as the burden of your medical expenses will be calculated. We will not rest until you have received the compensation you deserve from the liable parties.

Filing a Suit

Your motorcycle accident lawyers will file a claim on your behalf, filing all documents in a timely manner. We are also prepared to negotiate with the insurance company or its adjuster to ensure the award is fair and covers your needs after a car accident. If the negotiations lead nowhere, we will take your case to trial and defend your rights in court by letting a jury decide what is fair.

You will find that every attorney at our law office believes in advocating for those who have been injured in these types of accidents. We see many victims wrongfully blamed for the injuries that a careless person caused, all because they rode motorcycles. Our intention is to provide compassionate support and aggressive representation to ensure that personal injury law does as it is intended to do – make your life as whole as possible again following this traumatic event. Contact us today to get the help you need in moving forward and recovering what is fair for your compensation.

A photo of a motorcycle accident

Proving Liability in Motorcycle Accidents

Four basic elements must be proven to win a lawsuit against whoever caused your injuries. These are:

Duty – The defendant owes you a duty of care which means that the driver must drive carefully and reasonably. Driving negligently is the equivalent of putting the safety of all drivers and motorists on the road at risk.

Breach – The defendant has breached the duty of care by failing to act as a reasonable driver would under the circumstances. This can also be shown by a specific violation of a vehicle code section indicated on the traffic accident report.

Causation – The actions by the defendant were the direct cause of your injuries and other damages.

Damages – As a result of the motorcycle accident, you suffered damages, including your injuries, any economic losses, and pain and suffering.

At Brown & Gessell, we will work tirelessly to ensure the other driver is held responsible for your injuries and losses. An experienced attorney from our law offices will investigate your motorcycle crash to gather evidence. We will look for proof of distracted driving, drunk driving, or reckless driving and hire accident reconstruction experts to prove the liability of the at-fault parties. If your motorcycle accident caused serious injuries and trauma, you should not face an insurance claim on your own. After a motorcycle crash, insurers commonly blame motorcyclists rather than the other parties involved. We won’t let that happen and will stand up for your rights. If you have any questions at any point about your motorcycle crash and how to move forward, we are always accessible and ready to address your concerns.

Common Motorcycle Accident Injuries in a Motorcycle Accident Case

In most motorcycle accident cases, motorcycle accident injuries tend to be severe. When motorcycle crashes happen, traumatic brain injuries, spinal cord injuries, neck injuries, broken bones, and other physical injuries are common. They often lead to permanent disability that can completely alter your life, especially spinal cord injuries that may lead to partial or complete paralysis.

If your motorcycle accident was caused by someone else’s negligence, you can file motorcycle accident claims to recover financial compensation for your medical bills and lost income. However, motorcyclists in Stockton motorcycle accidents are sometimes blamed, even when they did nothing to cause it.

A Stockton motorcycle accident attorney can provide personal injury litigation to fight for what is fair in your motorcycle accident lawsuit. Contact our Stockton motorcycle accident lawyers today to learn about your legal rights and options.

A photo of a motorcycle's rear end

Negotiating with the Insurance Company

Insurance companies have only one goal: to keep their money. If you have ever tried to negotiate with an insurer, you have likely found that it can be very frustrating. Often, the adjuster from the insurance company will not offer a fair settlement unless he knows that, if the case does not settle, it will be presented to a jury.

For that reason, it is important that you have someone on your side who is familiar with motorcycle accident law and can negotiate a fair settlement. The insurance companies know that if they do not offer a fair amount in settlement negotiations, we will take the case to trial. This fact makes it easier for us to negotiate with the big insurance companies and get a fair settlement.

There Is a Short Window of Time to File a Motorcycle Accident Claim

The statute of limitations in personal injury cases can be complicated to figure out. In California, most injured parties have two years to file a claim from the date of the motorcycle accident unless some exception applies. In other cases, like claims against a government entity, the time to file a claim can be as little as six months. Waiting too long to contact us regarding your motorcycle case may jeopardize your claim. If you have been involved in a motorcycle accident, call us as soon as possible to make sure you preserve your claim with the help of a Stockton motorcycle accident attorney.

Car and truck drivers are the most common cause of motorcycle injuries and fatalities. Many motorcycle crashes result in more than just injured motorcyclists. They often cause the loss of a loved one. A wrongful death claim can be filed to help you recover the losses from the motorcycle crash, and while this money will not replace your lost loved one, it can help ease the burden left behind.

We believe that all victims in accidents have rights that need to be protected, and we work on a contingency basis for every personal injury claim. This means that we will not collect unless we secure a financial award for you. Call us to speak with our Stockton motorcycle accident attorney about your personal injury case in a free consultation today.