San Diego Motorcycle Accident Lawyers
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Our San Diego Motorcycle Accident Lawyers Guide Injured Riders Through The Legal Process
Motorcycle riders face some of the most serious injuries of all road users. Unlike drivers and passengers, who are protected by the structure and safety features in a car, motorcycle riders often have no protection from the impact of a collision. This lack of protection results in serious injuries.
These injuries are fatal, which is why motorcycle riders and their families need to hold irresponsible drivers accountable for the losses they cause. It can help deter other drivers from being reckless and make roads safer in San Diego. Our experienced San Diego motorcycle accident lawyers are here to help.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Motorcycle Accident Rates In San Diego, California
According to the California Office of Traffic Safety, there were small improvements in motorcycle fatality rates from 2018 to 2019. Motorcycle fatalities decreased by nearly 10 percent. Deaths related to not wearing a motorcycle helmet decreased by 18 percent.
In spite of these gains, there were still 474 motorcycle deaths on the roads of California that year. Thousands more riders were seriously injured in collisions. These accidents also caused millions of dollars in property damage.
When negligence is proven, drivers may be held accountable for the injuries and losses they cause.
California Helmet Requirements
The California Vehicle Code requires all drivers and passengers to wear helmets when riding on a motorcycle. Mandatory helmet laws are an important step toward reducing motorcycle fatalities. Helmet use has repeatedly been shown to reduce the severity of brain injuries that are sustained in a motorcycle crash. Both drivers and passengers have a legal obligation to check that everyone on the motorcycle is wearing a helmet.
In some cases, a motorcycle rider can be found partly at fault for their injuries if they were not wearing a helmet at the time of the crash. In some cases, this fact can be used to reduce your claim or reject it altogether.
Our experienced motorcycle accident attorneys can review your case and identify what portion of fault (if any) falls to you. The at-fault driver is still liable for their portion of your damages, so you may still get compensation for your injuries even if you are found to be partly at fault for them.
Wrongful Death Claims & Motorcycle Accidents In San Diego
Tragically, there are far too many motorcycle accidents that result in death. The Insurance Institute for Highway Safety reports that, per mile driven in 2019, the number of deaths on motorcycles was 29 times higher than the number of deaths for vehicle occupants. The lack of protection means that a motorcycle rider may suffer serious (or fatal) injuries in a crash.
Drivers may be held accountable for their negligence if it causes injuries or death. Surviving family members (or legal heirs) can file a wrongful death claim after a fatal motorcycle accident, holding the driver accountable for their actions.
Pursuing a wrongful death claim can be a challenging journey for those left behind. Survivors are often required to recount what happened and confront the heartbreaking specifics surrounding their loved one’s premature passing. Additionally, they may find themselves listening to the defense attorney blame the victim for the accident, an overwhelming experience at a time when they are processing their unexpected grief.
Our experienced wrongful death lawyers handle motorcycle fatalities. We can assist you with the claims process, help you make informed decisions, and guide you in seeking compensation.
Who Is At Fault For A San Diego Motorcycle Accident?
When an insurance company opens a claim for motorcycle accident injuries, the first thing they will do is identify who was at fault for causing the accident. The person who was legally at fault (“liable”) for the accident also has a legal obligation to compensate victims of that accident for their injuries. Liability can be split between two or more drivers. It can even fall to a company or an individual who wasn’t at the scene of the accident. What follows are some common reasons why defendants are found liable for motorcycle accidents.
Distracted Driving
Distracted driving is more common than ever. Drivers have been diverted by food and drink, grooming, pets, children, and other distractions in the car. However, a driver has an entire command center of technology right at their fingertips. Nearly every driver travels with a smartphone, navigation program, entertainment system, and other apps at all times. Many drivers also have smartwatches, tablets, and other devices in the vehicle, a recipe for disaster.
Too many accidents are caused by drivers who simply weren’t paying attention to the traffic around them. Distraction is even more dangerous when motorcycles are around. Because they are smaller and have less lighting than passenger vehicles, motorcycles can be difficult to see. A driver who is distracted by other things has even less of a chance of seeing motorcycles on the road. Distracted driving can lead to accidents, causing injuries or even death.
Driving Under The Influence
After years of stricter laws, harsher penalties, and public awareness campaigns, drunk driving continues to be a problem on the roads of California. Alcohol is not the only substance that can impair a driver. Recreational drugs and household stimulants (such as bath salts) can also impact the ability to safely operate a motor vehicle. Recently, the opioid epidemic has caused a huge increase in the number of drug-driving cases. California’s driving laws prohibit all forms of impairment behind the wheel.
Speeding
Speeding is all too common — and all too deadly. Fatality rates skyrocket when speed is a factor in a collision because speed increases the force generated in a collision. This force, in turn, causes more serious injuries to victims who are involved in the collision. Speed also increases a vehicle’s stopping distance while decreasing the time the driver has to stop, meaning that speeding drivers are less able to avoid collisions. For all these reasons, speeding is reckless, making speeders liable for the injuries they cause.
Tailgating And Aggressive Driving
In San Diego’s infamous traffic, it is not uncommon for drivers to become frustrated. You might see tailgating, unsafe lane changes, speeding, and other forms of aggressive driving. All of these behaviors are irresponsible. They make the driver more likely to crash and place other road users in unnecessary danger. Motorcycle riders have a higher risk of injury because they are not protected by the steel frame of the vehicle, airbags, seatbelts, and other safety features.
Lane Splitting
Lane splitting occurs when a motorcycle drives between two lanes of stopped traffic. California has a unique legal approach to lane splitting. While it is not made legal under a specific statute, it is also not illegal, and law enforcement agencies here do not stop riders who choose to split lanes.
In fact, California is the only state that allows lane splitting. Other states ban the practice because it is dangerous. Drivers are not expecting a motorcycle to be between lanes of traffic, which can lead to accidents. A motorcycle rider who is lane splitting could be found negligent if they do so unsafely. However, just because the other driver’s insurance says you are partly at fault for lane splitting does not mean you did so. Consider retaining a motorcycle accident lawyer in San Diego to review the case and advocate for your rights.
Defective Vehicles
Sometimes, an accident is caused by a defect in one of the involved vehicles. The brakes might not be working. Perhaps the accelerator got stuck. Whatever the reason, a car manufacturer can be found liable for an accident caused by a defective vehicle that it sold.
These cases involve complex legal issues. Your attorney must demonstrate that the vehicle is subject to existing consumer protection laws. Your injury lawyer may also have to hire technical experts who can determine the specific defect in the vehicle.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Your Rights As An Injured Motorcycle Rider
Get Immediate Medical Treatment
Seeking immediate treatment is crucial for your safety after an accident. Call an ambulance so the emergency medical technicians can determine whether you need to be transported by ambulance. If you decide not to leave the scene by ambulance, you should still be seen by a doctor as soon as possible.
Find an urgent care facility or emergency department in your area. Even if you simply get a clean bill of health, receiving medical attention promptly after the accident will be helpful for your legal case later. Likewise, it allows you to identify if you have any life-threatening conditions (such as internal bleeding or brain damage) that need to be treated right away. Your injury lawyer will include these bills in your personal injury claim.
Refuse To Speak To The Other Driver’s Insurance Company
The other driver’s insurance company will usually contact you as soon as a claim has been opened, often within just a day or two after the accident. You will likely still be recovering and unsure of what to do. Remember, you do not have to talk to these insurance company employees when they call. You also do not have to give a recorded statement. You can direct them to your injury lawyer.
If you have not yet hired an attorney, simply let the insurance company know that your lawyer can contact them later. Doing so protects you from saying anything to the insurance company that they could try to use against you later.
Hire Your Own Injury Lawyer
You might think that you do not need an injury lawyer. With so many insurance employees and your own insurance company getting involved, shouldn’t your legal rights be taken care of? This belief is often not the case.
Remember, the other driver’s insurance company is not working for you. Consulting a skilled lawyer who can advocate for your interests can be an advantage in pursuing compensation.
Seek Reimbursement For Your Medical Bills
Injury victims may be eligible for compensation for their medical expenses due to their injury. Many injury victims spend weeks, months, or even years in physical therapy. You might also need chiropractic care, occupational therapy, or pain management services.
Do not skip accident treatment over cost, as the insurer may claim you exacerbated your injuries, lowering your settlement. Before your case settles, consult your lawyer about bill payment, as options for care without upfront payment are available.
Reimbursed For Other Losses, Economic And Non-Economic
Medical bills are not the only financial losses that injury victims incur. Many are out of work and endure lost wages at a time when their medical bills are piling up. These, too, are financial losses. You might even have future medical bills and lost wages. You may be eligible for compensation for these losses, too, and your lawyer can help justify the estimated value of these future losses.
Of course, not all losses are financial. There are many non-economic losses that injury victims endure after an accident, such as physical pain and emotional trauma. There are lost opportunities and the inability to exercise or engage in your usual hobbies. You might even have to endure scarring or disfigurement after an accident.
All of these losses can decrease the overall quality of your life. You may be eligible for compensation for these non-economic losses. Some insurance companies reduce these losses to a simple mathematical formula that does not take your unique situation into account. Our experienced injury lawyers can document the extent of your losses and work to support your claim.
Decline An Undervalued Settlement Offer And Pursue Your Claim In Court
Insurance companies sometimes offer settlement amounts that do not cover all of your losses. Your lawyer can negotiate on your behalf and present evidence of your injuries and expenses.
However, if settlement talks fail, you have the right to take your claim to court by filing a lawsuit against the reckless driver. Your attorney can help you understand the risks and benefits of taking your claim to court. They can advise you, but it is your decision. The important thing is that you understand your right to decline an unfair settlement offer.
How The Injury Lawyers At Our Firm Help Protect Your Legal Rights After A San Diego Motorcycle Accident
So what exactly does an injury lawyer do? Arash Law, led by Arash Khorsandi, Esq., advocates for injury victims and helps protect their legal rights.
We gather pieces of evidence to support your case.
There are many types of crucial evidence that can be lost in the first day or two after a car accident. The vehicles will be removed and repaired as quickly as possible, so your lawyer needs to act quickly if they need evidence of the damage to the vehicles. There is often security footage of an accident, but this data is regularly erased to make space for new footage. Again, your lawyer will act quickly to locate any security footage and preserve it.We handle all communications with the other driver’s insurance company.
Anything you say – even at the scene of the accident – can be used against you by the other driver’s insurance company, which is why you want to say as little as possible until you have hired a lawyer. Once you notify the insurance company that you have a motorcycle accident attorney, they are no longer allowed to contact you about the accident. All communications must go through your attorney’s office. We handle communications with the insurance company to help protect your interests and prevent potential misunderstandings.We investigate your case to find all potential legal claims, defendants, and insurance policies.
In many cases, an injury claim that seems simple turns out to be quite complicated. You might have additional legal claims against other defendants. There could be other insurance policies that will cover the accident. Our skilled team of attorneys explores potential avenues of pursuing compensation for our clients.We give you an honest evaluation of what your case may be worth.
When dealing with a personal injury claim, it’s important to recognize that the insurance company’s primary responsibility is to manage its financial risk concerning its insured driver. While they are legally obligated to act in good faith, their settlement offers often represent an initial evaluation that may not fully align with the comprehensive value of your injuries and losses.Our skilled motorcycle injury attorneys can assess your case’s worth based on the extent of losses or injuries you suffered. We can estimate the potential value of your claim and work toward pursuing that amount.
Seek Legal Help From Our Skilled San Diego Motorcycle Accident Lawyers
A quick online search for “San Diego motorcycle accident lawyers near me” will show you many reviews from satisfied clients of Arash Law, founded by Arash Khorsandi, Esq. Our San Diego personal injury attorneys have decades of experience handling motorcycle accident cases. We understand the unique legal and technical issues that come up in motorcycle injury cases.
We work in San Diego and all surrounding areas. Our legal team also assists clients in Sacramento, Los Angeles, San Francisco, Riverside, Santa Clara, Bakersfield, Santa Barbara, San Jose, Fresno, Sherman Oaks, and throughout California. We can also meet clients anywhere in the state.
Call (888) 488-1391 to schedule your free initial consultation. Our experienced San Diego motorcycle accident lawyer can help protect your legal rights so you can focus on recovering from your injuries.
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