Major Injury Motorcycle Crash in Stockton
The California Highway Patrol (CHP) responded to a call of a major injury motorcycle crash in the Stockton area on the afternoon of June 10, 2021. The incident occurred shortly after 1:40 p.m. at the intersection of Gilmore Road and East Shelton Road.
Details on the Stockton Motorcycle Crash Resulting in Major Injury
The incident was described as a vehicle versus motorcycle accident. CHP traffic officers responding to the scene located a biker on the right-hand shoulder. The motorcyclist reportedly suffered a leg injury in the accident. Further information on the motorcycle crash in Stockton was not immediately available.
What You Should Know About Motorcycle Accidents and Personal Injury Claims
If serious injuries are involved in a motorcycle accident case, the amount sought from the insurance company representing the at-fault party may be high. Unfortunately, insurers attempt to limit their bottom line as much as possible for claim payouts. This may result in a settlement offer for less than the claimant deserves or outright denial of the claim. The same situation may apply to first-party insurance claims filed under the injured party’s uninsured and underinsured motorist (UM and UIM) coverage. Some of the reasons in which an insurance adjuster may dispute the value of a bodily injury claim or deny it include:
- Liability: Even if liability is clear, the insurance company representing the other driver may attempt to pinpoint fault on the injured motorcyclist. Since California operates under a system of comparative fault, this may mean that the amount of compensation awarded to the claimant may be reduced by the percentage of fault assigned to them. Fortunately, an injured biker may count on an experienced injury lawyer to collect the evidence necessary in establishing that the other party was entirely responsible for the wreck.
- Preexisting Injury: If the claimant suffered from any health conditions before the motorcycle crash and they worsened because of the collision, the insurance company may claim that the accident was not liable for causing them. An insurance adjuster may refer to this as a preexisting injury or condition and claim they are not covered since the claimant had them before the incident. To overcome this defense tactic, an experienced Stockton personal injury attorney may gather medical records and work with expert witnesses to prove that the injuries were aggravated from the accident.
If you were hurt in a motorcycle accident and are considering taking legal action against the other driver for damages incurred, reach out to an experienced injury attorney in your area. For details on how to find the best lawyer, watch the video below.
Is There a Filing Deadline on Motorcycle Accident Cases in California?
If negotiations with the insurance company do not lead to a favorable settlement offer, an attorney can file a personal injury lawsuit on behalf of the injured party. This is essential as there is a two-year statute of limitations that applies to motorcycle accident cases, according to the California Code of Civil Procedure Section 335.1. When a lawsuit is filed in civil court beyond the deadline, a claimant may lose the opportunity to recover compensation from the suit as the court may dismiss the case.
How Our Law Firm Can Help
If you are recovering from injuries suffered in a motorcycle crash, your focus should be on healing instead of dealing with difficult insurance companies and the claims process. At our law firm, our attorneys may handle all aspects of your behalf. Some of the ways in which we can help with your motorcycle accident case include:
- Protect your rights and best interests
- Handle all communications and negotiations with insurers involved in the bodily injury claim
- Gather and preserve evidence necessary in proving your case
- Work with expert witnesses such as accident reconstruction experts to properly determine fault
- File a lawsuit and present it in court if all attempts at negotiating a fair settlement fail with the insurance company, if necessary
Learn more about how our personal injury law firm can help you and your family by contacting us today for free, friendly case advice.
Personal Injury Attorney in Stockton
I’m Ed Smith, a Stockton personal injury attorney. A catastrophic motorcycle crash may result in devastating effects for the injured biker and their family. If you are suffering from emotional, physical, and financial consequences because of a motorcycle accident caused by another driver, an attorney from our law firm can help. For more details, contact us today at (209) 227-1931 or (800) 404-5400 for free, friendly advice.
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