San Diego Motorcycle Accident Lawyers
- Motorcycle Accident Rates in San Diego, California
- Helmet Requirements
- Wrongful Death Claims and Motorcycle Accidents in San Diego
- Who Is At Fault for a San Diego Motorcycle Accident?
- Your Rights as an Injured Motorcycle Rider
- How the Injury Lawyers at Our Firm Protect Your Legal Rights After a Motorcycle Accident
San Diego Motorcycle Accident Lawyers
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 whatsoever from the full force of a powerful collision. This lack of protection results in serious injuries.
All too often, these injuries are fatal. It is important for motorcycle riders and their families to hold negligent drivers accountable for the losses they cause, which helps deter other drivers from being negligent and keeps the roads of San Diego safer for everyone to use. Our experienced San Diego motorcycle accident lawyers are here to help.
Settlement on the first day of trial against governmental entity for dangerous construction conditions on a local street that caused a motorcycle accident – largest motorcycle settlement in Los Angeles for 2019 – client suffered shoulder injuries.– JUDD ROSS ALLEN
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.
Negligent drivers must be held accountable for all the economic and non-economic 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 ensure that everyone on a motorcycle is wearing a helmet.
Let our experienced motorcycle accident attorneys review your case and determine what portion of fault (if any) falls to you. The negligent driver is still liable for their portion of your damages, so you can still get compensation for your injuries even if you are found to be partly at fault for them.
Wrongful Death Claims and 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 is simply more likely to sustain serious (or fatal) injuries in a crash.
Drivers must be held accountable any time their negligence causes injuries, but especially when their negligence is so bad that it causes death. Surviving family members (or legal heirs) have the right to file a wrongful death claim after a fatal motorcycle accident, ensuring that the driver will be held accountable for their actions even though the victim is not able to file a legal claim against them.
Filing a wrongful death claim can be a difficult experience for survivors. They must testify about painful memories and hear devastating details about their loved one’s untimely death. They might even have to hear the defense attorney try to blame the victim for the accident, an overwhelming experience at a time when you are processing your unexpected grief. It is, however, a critical step toward preventing future motorcycle accidents.
Our wrongful death lawyers are experienced in handling motorcycle fatalities. We can prepare you for every step of the claims process to help make you as comfortable as possible. While we cannot eliminate every hardship, we can help reduce the uncertainty and make sure you are prepared for everything that will happen in your case.
Who Is At Fault for a San Diego Motorcycle Accident?
Distracted driving is now more common than ever. Drivers have always been diverted by food and drink, grooming, pets, children, and other distractions in the car. Now, 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 drivers are negligent, and they are liable for the injuries they cause.
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 drugged driving cases. California’s driving laws prohibit all forms of impairment behind the wheel.
Speeding is all too common - and all too deadly. Fatality rates skyrocket when speed is a factor in a collision because speed increases the amount of force that is 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 considered negligent, and speeders are liable for the injuries they cause.
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 negligent. They make the driver more likely to crash and place other road users in unnecessary danger. Motorcycle riders have an especially high risk of injury because they are not protected by the steel frame of the vehicle, airbags, seatbelts, and other safety features.
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. Be sure to get your own motorcycle accident lawyer in San Diego to review the case and fight for your rights.
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 prove that the vehicle is subject to existing consumer protection laws. Your injury lawyer will also have to hire technical experts who can determine the specific defect in the vehicle. If your injuries were caused by a defective vehicle, it is important to work with a San Diego motorcycle accident lawyer who has experience handling defective vehicle cases and products liability claims.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
Your Rights as an Injured Motorcycle Rider
Do not hesitate to get the help you need. 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. It will also ensure that you do not have any life-threatening conditions (such as internal bleeding or brain damage) that need to be treated right away. Your injury lawyer will help you deal with these bills when they come in to ensure they are included in your personal injury claim.
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. You do not have to talk to these insurance company employees when they call. You also do not have to give a recorded statement - something for which many of these companies routinely ask. 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 will be in contact with them later. Doing so protects you from saying anything to the insurance company that they could try to use against you later.
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 not the case.
Remember, the other driver’s insurance company is actively working against you. They are trying to pay as little as possible on as few claims as possible. They will not protect your legal rights, which is why injury victims who have attorneys routinely receive higher settlements than those who handle their own claims. You deserve to have a legal professional fighting on your side and making sure that your legal rights are respected throughout the claims process.
Injury victims are entitled to compensation for all the medical bills that were caused by a driver’s negligence. Many injury victims spend weeks (or months, or even years) in physical therapy. You might also need chiropractic care, occupational therapy, or pain management services.
All of these bills are related to the accident. You should never skip out on treatment because you are worried about the cost. If you do, the insurance company could claim that you made your own injuries worse and try to reduce the amount of your settlement. Talk to your lawyer about any concerns you have about paying these bills before your case is settled. There are many options for getting the care you need without upfront payment.
Medical bills are not the only financial losses that injury victims suffer. 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 after your case settles. You are entitled to compensation for these losses, too, and your lawyer will help prove 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. There is 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 cause a decrease in the overall quality of your life. You are entitled to compensation for these non-economic losses. Insurance companies like to try to reduce these losses to a simple mathematical formula that does not take your unique situation into account. Our injury lawyers know how to prove all the losses that you personally suffered - and what it will take to fairly compensate you for them.
Every year, large insurance companies spend huge sums of money on training their adjusters to arrange paying as little as possible on injury claims. They are not in the business of giving you fair compensation for all of your losses. The insurance company’s initial offer is almost certain to be a low-ball.
Sometimes the insurance company will work with your attorney in negotiations, but other times they refuse to budge. You are never “stuck” with a bad offer from a stingy insurance company. You have the right to take your claim to court by filing a lawsuit against the negligent driver, which is why insurance companies pay settlements - to avoid going to court. Your attorney will help you understand the risks and benefits of taking your claim to court. They can advise you, but it is ultimately your decision. The important thing is that you understand your right to reject an unfair settlement offer.
How the Injury Lawyers at Our Firm Protect Your Legal Rights After a San Diego Motorcycle Accident
So what exactly does an injury lawyer do to protect your legal rights? Arash Law led by Arash Khorsandi starts working right away to fight for injury victims.
We work quickly to secure evidence that will prove 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 will need 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 erased regularly to make space for new security footage. Again, your lawyer will act quickly to locate any security footage and be sure it is not erased before it can be used in court.
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 all communications with the insurance company to ensure that they do not try to twist your words against you.
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. The reliable team of lawyers from our firm is experienced in investigating cases thoroughly to ensure that our clients have access to all the compensation to which they are legally entitled.
We tell you what your case is really worth.
Remember that the insurance company is not on your side. They are actively working against you to protect their driver. They will not tell you what your case is really worth, and they are almost certain to low-ball you in settlement negotiations. Our experienced motorcycle injury lawyers know how to handle these negotiations and prove the fair value of your injuries. When you hire a San Diego motorcycle lawyer, you have someone on your side who will tell you what your case is actually worth.
Experienced, Aggressive San Diego Motorcycle Accident Lawyers for All Types of Cases
A quick online search for our “San Diego motorcycle accident lawyers near me” will show you many reviews from satisfied clients of Arash Law founded by Arash Khorsandi, Esq. Our skilled San Diego personal injury attorneys have decades of experience handling all types of motorcycle accident cases. We understand the unique legal and technical issues that come up in motorcycle injury cases.
Our legal team has collected over 400 million dollars for clients across the Golden State. We work in San Diego and all surrounding areas. Our legal team also serves clients in Sacramento, Los Angeles, San Francisco, Riverside, Santa Clara, Bakersfield, Santa Barbara, San Jose, Fresno, Sherman Oaks, and throughout California.
Call (888) 488-1391 today to schedule your free consultation. Don’t wait to get an experienced motorcycle accident lawyer from San Diego fighting on your side. Let us protect your legal rights so that you can focus on recovering from your injuries.