Were you or a loved one hurt in a motorcycle accident in San Diego, CA? Mission Personal Injury Lawyers can help. You could be entitled to financial compensation for medical expenses and lost wages. Our experienced San Diego motorcycle accident attorneys will fight to get the compensation you deserve. Call us at (619) 777-5555 for a free consultation.
For nearly three decades, our family-owned law firm has been proud to deliver results for injured clients in all personal injury cases. We’ve helped countless families get the money they need to move forward–and we’re prepared to fight for every dollar you deserve.
When you’re ready to learn more, contact our law office to see how we’ll use our skills to your advantage. Remember, your first consultation is always free, so there’s no risk in calling to get the legal advice you need.
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How Mission Personal Injury Lawyers Can Help You After a Motorcycle Accident in San Diego
Our experienced San Diego personal injury lawyers can help you get what’s fair. You need time to heal. Let an accident attorney protect your financial interests.
When you hire our team, you can expect an attorney who will go the distance for you, including:
- Launching an independent investigation to find out who and what caused the accident
- Stand up for you when the insurance companies try to blame you
- Answer all questions and give you all the information you need during the legal process
- Handle all communications and negotiations with the insurance company
We also know that insurance companies will go to great lengths to offer less than your case is worth. It might be tempting to take the initial settlement and walk away. Unfortunately, that can put you in a difficult financial position down the line.
If you’re ready to learn more, getting help is as simple as contacting us online or by phone. Schedule a free case review today to speak with an attorney who’s been fighting for injured motorcyclists’ rights for decades and getting the results they deserve.
How Common Are Motorcycle Accidents in San Diego?
Unfortunately, data collected by California Statewide Integrated Traffic Records System shows that approximately 13,907 people were hurt in motorcycle crashes statewide in just a single year. Over 560 motorcyclists were killed.
Of these, 1,576 injuries and 65 fatalities happened in San Diego County. Nearly 800,000 motorcycles are registered with the state of California, making it the most popular state in the nation for motorcyclists. It’s no surprise that motorcyclists would take pleasure in the scenic views and temperate weather our state has to offer.
Motorcycle Accident Statistics in San Diego County
In 2022, there were a total of 634 motorcyclists killed in California. 50 fatalities and 348 serious injuries occurred in San Diego County due to motorcycle accidents. 14% of the people who died due to motor vehicle accidents were motorcyclists. Speeding and improper turning are two of the biggest causes of these avoidable accidents.
Where Are the Most Dangerous Roads and Intersections For Motorcyclists in San Diego?
Accidents can happen anywhere. However, there are certain stretches of road and crossroads where wrecks tend to occur. These are among the most dangerous roads and intersections in San Diego:
- I-5
- I-805
- SR-76
- SR-78
- SR-163, and
- Cabrillo Parkway.
Crash data reveals that these roads, in particular, are home to many of the fatal accidents.
What Should I Do After a San Diego Motorcycle Accident?
Motorcycle collisions can be traumatic and result in debilitating physical pain, from a neck or back injury to a traumatic brain injury. Knowing what to do after an accident can help you protect your legal rights and pursue the compensation you deserve.
While all accidents are different, here are a few steps you should take in the aftermath of a motorcycle wreck:
- Call 911
It’s important to report the accident to the police. An officer will be dispatched to the scene and will talk to the parties involved and any eyewitnesses. They’ll prepare an accident report, which will be vital evidence if you file an insurance claim or personal injury lawsuit. It may even contain preliminary determinations of who’s to blame.
- Seek Medical Attention
You should seek medical care, even if you aren’t experiencing any pain or think your injuries are minor. Many injuries may not present symptoms right away or may be undetectable without diagnostic tests.
Additionally, your medical records will help establish a causal link between the accident and your injuries, which will be crucial evidence in your fight for financial recovery.
- Conduct an Investigation
You should document evidence from the accident scene, including photographs and videos of the vehicle damage, property damage, skid marks, etc. The police officer on the scene will also gather evidence, but it’s helpful to have as much information as possible to bolster your case and hold the at-fault party accountable.
Our experienced motorcycle and car accident lawyers can help a client investigate the cause of the accident, including coordinating with law enforcement and other investigative agencies to build a case.
- Establishing Fault for a Motorcycle Accident
Some accidents may be easier than others to determine who’s liable. For example, if the at-fault party was distracted or under the influence of alcohol, they’re likely responsible. If it’s less obvious, the investigation may shed more light on what happened and who caused the collision.
If necessary, our accident lawyers work with accident reconstructionists and other leading experts to establish fault and get a client the fair settlement or verdict needed to cover medical bills and other expenses incurred.
California Motorcycle Law Overview
In California, motorcycles fall into the same category as larger passenger cars. So, the same laws and rules that apply to cars apply to motorcycles – and the people operating them. Anyone operating a motorcycle must obey California state law and any local laws or ordinances passed by the city.
At the same time, motorcyclists also have the same rights as other motorists. Other drivers owe motorcyclists a duty of care and must drive in a way that does not put the rider in harm’s way. These accidents can happen when motorists ignore riders, and those riders are much more likely to suffer severe, if not fatal, injuries in those collisions.
What About Lane Splitting? Is it Legal in San Diego?
Yes. In California, lane splitting is legal. This means that motorcyclists can ride between two lanes of traffic – and pass by others in the process.
Some believe that lane splitting helps to keep motorcyclists safe because it can reduce congestion and allow motorcyclists to avoid other vehicles. Others find that lane splitting is a dangerous practice and often results in collisions.
Riders who choose to split lanes should go slowly, pay attention to traffic patterns, and always assume that other motorists can’t see them.
What is My Motorcycle Accident Case Worth?
The short answer is: every case is different. The value of your case is determined by balancing a number of different factors.
Some important factors include:
- The nature and severity of your injuries
- Your recovery timeline
- The value of your lost wages and income if your injury results in time missed from work
- Your future earning potential compared to your earning potential prior to the accident
- The emotional and psychological trauma of the experience
- The disruption the accident caused to your career or education
The insurance company will focus on things that can reduce your compensation, including:
- Whether your actions contributed to the accident
- The nature of any pre-existing injuries or conditions
The insurance company will do whatever they can to drive down the value of your case. Our team of San Diego motorcycle accident lawyers is here to protect the interests of the client and seek the results needed.
What Types of Damages Can I Get Compensation From My Motorcycle Accident? – Seek Maximum Compensation for Your Losses
Personal injury laws in the State give victims the right to recover compensation to make them “whole” after an accident.
Of course, money can’t bring back your health. The law is designed to offer compensation for your economic expenses and non-economic costs.
Examples of economic damages that are usually available to these accident victims include:
- Medical bills
- Lost wages
- Future medical expenses
- Reduced earning capacity
- Physical therapy and rehabilitation
- Medications, medical devices, and home modifications
- Permanent disability
- Property damage
Non-economic damages cover things like:
- Pain and suffering
- Disfigurement and scarring
- Emotional distress
- Diminished quality of life
- Loss of consortium
- Anxiety and PTSD
It can be hard to put a price tag on some forms of damages. At Mission Personal Injury Lawyers, our motorcycle accident lawyers in San Diego will bring in experts who can help us understand the emotional toll of your accident more fully. With their help, we’ll build an injury claim that accounts for the full range of your past and future costs.
Can I Recover Damages If I’m Being Blamed for a Motorcycle Accident in California?
Yes. the state follows a pure comparative negligence law. That means every party involved is liable for their percentage of fault. If two other parties were equally responsible, each can be held liable for 50% of your damages.
Here’s another example. Assume you win a $100,000 damages award. However, you weren’t wearing the best helmet in compliance with California helmet laws. The judge decides that your injuries were made 30% worse because you didn’t wear a helmet. That means your compensation can be reduced by 30%, to $70,000.
Insurance companies try to use this law to their advantage all the time. They know they can save a lot of money by blaming the victim. You don’t have to let them get away with it. Remember, accidents do not happen in a vacuum–and the insurance company’s claims might not even be legitimate.
What Types Of Injuries Can I Get From A Motorcycle Accident?
The fatality rate for motorcycles is more than 28 times higher than traditional passenger vehicles, according to the Governor’s Highway Safety Association. If you’re fortunate enough to survive an accident, your life could be changed forever.
Regardless of the type of injury suffered, you deserve to be fully compensated for your losses. Experienced accident lawyers fight for what’s right.
We represent motorcycle riders who have suffered:
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Soft tissue damage
- Broken bones
- Concussions
- Head and neck injuries
- Facial injuries
- Chest injuries
- Paralysis
- Internal organ damage
- Amputations and loss of limbs
- Catastrophic injuries
Sometimes, accident victims do not survive serious injuries. If you lost someone you love, we can fight for compensation by filing a wrongful death lawsuit.
What Causes Most Motorcycle Accidents in California?
Most motorcycle accidents are caused by negligence. Motorcycles are harder to see than cars. Drivers who aren’t paying attention or obeying traffic laws sometimes fail to spot the motorcycle until it’s too late.
It’s important to identify every factor that played a role. After all, multiple negligent parties might share the blame. Whenever there is alcohol abuse involved, there are more chances for someone to get into an accident. You should always keep that in mind before riding a motorcycle.
At Mission Personal Injury Lawyers, we invest our time and resources in your case. We’ll do everything we can to find out what caused your accident–and we’ll seek compensation from every responsible party.
Our team handles various cases, including:
Rear-End Accidents
Rear-end accidents are a common type of crash. Most times, they result from distracted driving or following too closely. For a motorcycle rider, a rear-end accident could be devastating. If your motorcycle was rear-ended, reach out to us today to discuss the compensation you could seek.
Left-Turn Accidents
Left-turn accidents often happen when a motorist misjudges an oncoming vehicle’s speed or fails to yield the right of way. However, the left-turn driver isn’t always to blame. Call us to speak with an attorney and discuss your legal options if you’ve been injured in a left-turn accident – whether you were making the left-hand turn or another party was.
Head-On Collisions
Head-on collisions involving motorcycles can lead to catastrophic outcomes and even fatalities. If you were injured or lost a family member in one of these devastating accidents, you need exceptional legal representation on your side. We’ve helped countless clients, and we’ll be ready to fight for you as a client as well.
T-Bone Accidents
T-bone accidents are caused when one vehicle strikes the side of another. If you were struck by a car while on a motorcycle ride or you struck another vehicle with your motorcycle, you might be facing injuries that impact you for life. We can help you get back on your feet and get the money you need while you focus on your health.
Fatal Accidents
Unfortunately, fatal accidents are too common and are often avoidable. If you’ve lost someone one in a fatal motorcycle accident, let our San Diego wrongful death lawyers help you fight for compensation while you grieve. A fatal accident can be cause even for a defects in the motorcycle and we know that money can’t bring your family member back, but it can provide financial support and a sense of justice for your unimaginable loss.
How Do I Prove Negligence After My Motorcycle Accident?
Most motorcycle accident claims are based on negligence. However, disputes often arise over who was responsible.
We’ll work to find proof that someone else’s negligence caused your accident by:
- Examining police and accident reports
- Interviewing witnesses
- Obtaining video surveillance, photos, cell phone records, and other data
- Hiring accident reconstruction specialists if necessary
Our goal is to show that someone else’s mistake, or breach of the duty of care, caused your accident.
How Long Do I Have to File a Lawsuit After a Motorcycle Accident in California?
Our state law gives motorcycle accident victims two years to file a personal injury lawsuit. The statute of limitations is a hard and fast rule–so there aren’t many exceptions.
If you fail to file a claim within two years, you may lose your right to recover compensation.
Frequently Asked Questions
What Should I Do if an Uninsured Driver Caused the Accident?
If an uninsured driver caused your accident, you might have a few different options. If you have purchased optional uninsured motorist coverage (UMC), it will cover you in this type of crash.
If you do not have this coverage, you may be entitled to bring a lawsuit. However, there’s no guarantee that they’ll have the funds to pay your claim. We’ll examine your accident from all angles to determine if any other third parties could be held liable for your damages. Reach out today, and we’ll answer your questions and provide you with the legal representation you need.
Where Can I Find a Copy Of My Accident Report?
If law enforcement was dispatched to the accident scene, they’ll complete a Traffic Collision Report and file it with the California Highway Patrol (CHP). You can request a copy of the report from CHP by completing an Application for Release of Information (CHP 190) and submitting it in person or by mail with the applicable fee.
As a motorcyclist, you must file a Report of Traffic Accident (SR-1) with the CA DMV within ten days of the accident if it resulted in injury, death, or property damage exceeding $750. You, your insurance representative, or your attorney can file this report online, in person, or via mail. Be sure to keep a copy of the report for your records.
What if I Wasn’t Wearing a Helmet?
Motorcyclists are particularly vulnerable to suffering traumatic injuries and permanent disability after a collision. A helmet can prevent you from suffering a TBI in a crash, but it doesn’t protect the rest of your body.
An opposing party might claim that you are partially responsible for the harm you suffer if you weren’t wearing a helmet. However, this will depend on the facts and circumstances. For example, if you suffered a broken ankle, a helmet wouldn’t have prevented you from suffering that injury.
However, suppose you suffered a concussion and weren’t wearing a helmet. In that case, a defendant may have a valid comparative negligence claim, which can reduce the amount of damages you recover in a claim or lawsuit.
What if I Don’t Have Motorcycle Insurance?
California Proposition 213 limits the types of damages injured people can recover from an auto accident if the injured person is uninsured. If you do not have motorcycle insurance and are injured in an accident, you’ll be unable to recover any non-economic damages, including pain and suffering – even if the accident wasn’t your fault.
This could significantly limit the amount of compensation you recover, meaning you’ll have to bear those personal costs alone. This is why we strongly recommend that all motorcycle riders and other drivers in the state maintain the required auto insurance.
Should I Accept a Settlement Offer from the At-Fault Party’s Insurance Carrier?
The insurance company may try to offer you a quick settlement to tempt you to accept an amount that doesn’t fairly compensate for all of your damages. You should consult an experienced motorcycle accident lawyer before accepting any offer.
Insurance companies often take advantage of people who do not understand how to value their claims properly. You need to reach a certain level of medical improvement before agreeing to a settlement to determine the value of your future expenses, such as ongoing therapy. You may also require surgery or other treatment in the future.
Contact a San Diego Motorcycle Accident Lawyer for a Free Consultation
Mission Personal Injury Lawyers has been working on behalf of accident victims for more than 25 years. If you were hurt, speak with a San Diego motorcycle accident attorney who you can trust today. As always, your first evaluation is 100% free of charge.
We have won national awards for our impressive experience in all personal injury cases; from defective products to dog bites, we are one of the best injury law firms in San Diego County. Our law office offers free case evaluations and handles cases on a contingency fee basis.
Recent Motorcycle Accident Blog Posts
- Watch Out for Motorcyclists: Tips for Responsible Driving in San Diego
- Motorcycle Licensing Requirements in San Diego, CA
- Recalled and Defective Motorcycle Cases
- Do You Have to Wear a Motorcycle Helmet in San Diego, CA?
- Leg Swelling After a Motorcycle Accident in San Diego
Motorcycle Accidents Infographic
