San Diego Motorcycle Accident Attorney

Why Hire Our Motorcycle Accident Lawyer in San Diego

Contact a motorcycle accident lawyer to schedule a complimentary strategy session of up to 20 minutes if you were injured in a motorcycle accident in San Diego within the last two years. You will receive a well-written summary of the facts of your case for free. You will also meet with one of the top auto accident lawyers in San Diego to review the legal issues you’re facing and learn strategies that could get you the resolution that you want.

What to Do If Injured in a Motorcycle Accident

There are certain steps you should take to best protect your legal rights.

Call 911 and have a police report made. California law requires drivers involved in an injury accident to stop, call the police to the scene, and make an accident report. Making a police report is an important step of the legal process because it documents where, when and how the accident occurred, records the names and insurance information of those involved in the accident, records witness statements, and documents any citations issued. Obtain a copy of the police report from the agency which responded to the call. If you hire a San Diego motorcycle accident attorney to handle your claim, your attorney can do this for you.

Collect whatever information you can. If possible, take photos of the accident and the injuries and damage it caused. Take photos of all vehicles involved in the accident, including their license plates. Collect the names, contact information and insurance information of everyone involved in the accident. Collect the contact information of anyone who witnessed the accident (name, address, phone number).

Hit-and-run is a serious crime. If the other driver fails to stop and exchange insurance information, record everything you remember about the driver (unique identifying characteristics) and a vehicle description (color, make, model, unusual features).

Immediately seek treatment for all injuries. See a doctor for your injuries and report all symptoms. Continue treatment as instructed by your doctor. Do not wait to seek treatment and do not stop your treatment early. If you do, insurance companies will use it against you as evidence that your injuries are not as severe as you say. Attend all of your medical appointments. Keep records of all treatment you receive, including receipts and billing statements from hospital visits, doctor’s appointments, laboratory services, x-rays, MRIs, medication, physical therapy and other medical services.

Contact an experienced personal injury lawyer before you contact an insurance company. The insurance company’s goal is not to reach a fair settlement. It’s to settle the case as quickly as possible, for as little money as possible. Insurance companies will do everything in their power to minimize your recovery, and will leave you with nothing if they can. From our experience, you will need a proven lawyer to receive anything close to the full value of your claim. It is not too late to contact an experienced motorcycle accident lawyer today, even if you have already contacted an insurance company.

Do not delay. For most motorcycle accidents, you must file a claim within two years of the accident. However, you must make an administrative filing within six months from the accident if the claim is against a government entity. Government entities are typically responsible for maintaining safe roads and highways and for operating public transportation vehicles like busses, trolleys and mail trucks. The best way to protect your legal rights is to contact an experienced personal injury lawyer as soon as possible after the accident.

Stay off social media. Anything you post on social media can negatively affect your settlement or verdict if you have an ongoing personal injury claim. Do not discuss the case online.  Advise your friends and family not to discuss the case online. Stay off social media until your case is resolved to avoid jeopardizing the outcome.

The Importance of Preserving Evidence

Preserving evidence is crucial for building a strong motorcycle accident case. Here are some steps you can take to ensure important evidence is not lost or destroyed:

1. Take photographs: If possible, take pictures of the accident scene, vehicle damage, injuries, and any relevant road conditions or signage.
2. Gather witness information: Collect the names and contact information of any witnesses to the accident.
3. Keep your damaged gear: Do not discard your helmet, clothing, or other gear damaged in the accident. These items can provide valuable evidence.
4. Maintain a pain journal: Keep a daily record of your pain levels, symptoms, and how the injury affects your daily life.
5. Save all accident-related documents: Keep copies of police reports, medical records, bills, and any correspondence with insurance companies.
6. Don’t repair your motorcycle: Keep your damaged motorcycle as-is until your attorney advises otherwise.

Your attorney can help you identify and preserve other types of evidence that may be relevant to your case.

Motorcycle Safety Tips

While knowing what to do after an accident is crucial, prevention is always better. Following these safety tips may help you avoid having a motorcycle accident and may lessen your injuries if you have an accident. 

1. Wear proper gear: Always wear a DOT-approved helmet, eye protection, and protective clothing such as leather jackets, pants, and boots.
2. Be visible: Wear bright or reflective clothing, especially at night. Use your headlights at all times and consider adding reflective tape to your motorcycle.
3. Follow traffic rules: Obey speed limits, traffic signals, and lane markings. Never ride under the influence of alcohol or drugs.
4. Practice defensive driving: Assume that other drivers can’t see you and always be prepared to take evasive action.
5. Keep your motorcycle maintained: Regularly check your tires, brakes, lights, and other critical components.
6. Take a safety course: Consider enrolling in a motorcycle safety course to improve your skills and learn advanced techniques.

Not all accidents can be prevented. However, we should all take a little extra time to ensure we are driving as safely as possible. Doing so may save a life. 

Common Motorcycle Accident Injuries

Motorcycle accidents can result in a wide range of injuries, from minor scrapes to life-threatening conditions. Some common injuries include:

1. Road rash: Skin abrasions caused by sliding across the pavement.
2. Fractures: Fractures are common in the arms, legs, and ribs.
3. Head injuries: Including concussions and traumatic brain injuries.
4. Spinal cord injuries: This can lead to partial or complete paralysis.
5. Internal injuries: Such as organ damage or internal bleeding.
6. Soft tissue injuries: Including sprains, strains, and whiplash.
7. Burns: Some accidents result in severe and disfiguring burns and scars. 

It is important to communicate thoroughly with your medical team and your attorney about the type of injuries and pain you have and the impact they have on your quality of life. 

Liability for Motorcycle Accidents

Liability for motorcycle accidents depends on who caused the accident.

Causation

The following hazards often cause motorcycle accidents. We have decades of experience and a proven track record in cases involving these issues, and others.

Speeding. Speeding is illegal and is especially dangerous near intersections. Speeding makes it harder to control the vehicle and stop when necessary. High speed accidents cause more serious injuries than low speed accidents.

Distracted driving. Texting and talking on the phone while driving is dangerous and illegal. Drivers who text and talk while driving are liable if they cause an accident.

Bad road surfaces. Cities and municipalities have a duty to maintain roads in a safe condition and may be liable for injuries caused by poor road conditions.

Drunk driving. Drunk driving is against the law. Drunk drivers are particularly dangerous for motorcyclists because motorcycles provide almost no protection in an accident. Drunk drivers are responsible for all damage they cause. Note that if you were injured due to a drunk driver, contact our San Diego drunk driving accident attorney to learn more about your specific case.

Traffic congestion. Dense traffic blocks drivers’ vision and makes it harder to see motorcycles due to their narrow profile. This can lead to accidents as drivers may not see motorcycles coming.

Internal car distractions. Children, pets, navigation systems, eating, and applying makeup are examples of internal distractions which may cause an accident.

Running red lights and stop signs. Running red lights and stop signs is illegal and is especially dangerous when drivers speed up to make a red light. Doing so may cause deadly accidents.

Collectability

Each of the following people or entities may be liable for the accident. Expect those at-fault and their insurance companies to deny liability and blame others for the accident. This is one reason it is best to contact an experienced personal injury lawyer as soon as possible.

The negligent driver who caused the accident. Drivers who fail to follow traffic laws, or fail to exercise reasonable care while driving, are liable for any injuries they cause.

The negligent driver’s company or employer. The driver’s company may be liable if the accident was caused by a commercial vehicle like a delivery van, tow truck or construction vehicle.

Cities or municipalities. The city or municipality responsible for maintaining the road may be liable if the accident was caused by potholes, broken roads, poor signage, missing guardrails or other dangerous road conditions.

Construction or repair companies. Construction and repair vehicles may damage roads, impede traffic, block drivers’ vision, leave debris, and create other hazards which cause an accident.

Automotive manufacturers. Car and motorcycle manufacturers who produce defective parts or vehicles are liable for any injuries they cause.

Protective gear manufacturers. Helmet and gear manufacturers may be liable for design flaws, manufacturing defects, inadequate warnings and instructions, false advertising or breach of warranty for defective products which cause injury.

Insurance companies. All California drivers must have insurance. If the person who caused the accident is uninsured, or has inadequate insurance, your best source of coverage may be your own insurance policy.

Others. Mechanics or repairmen may be liable if the accident was caused by negligent repairs. Retailers, assemblers, suppliers, consultants, contractors, engineers and anyone else in the supply chain may be liable if the accident was caused by a defective product.

Understanding California’s Comparative Negligence Law

California follows a pure comparative negligence rule in personal injury cases, including motorcycle accidents. This means that even if you were partially at fault for the accident, you may still be able to recover damages. However, your compensation will be reduced by your percentage of fault.

For example, if you’re found to be 20% at fault for the accident and your total damages are $100,000, you would be able to recover $80,000 (80% of the total damages).

This law makes it crucial to work with an experienced motorcycle accident attorney who can help minimize your perceived fault and maximize your potential compensation.

Damages

Motorcycle accidents often result in serious injuries such as brain injuries, spinal injuries, broken bones, lost limbs and organ damage. If you were injured due to someone else’s wrongdoing, you may be eligible to recover the following damages.

Medical costs. This includes past and future medical expenses such as surgeries and rehabilitation, hospital bills, medication, follow-up care, doctor’s appointments, laboratory services, x-rays, MRIs, and any other medical services you receive to treat your injuries.

Lost wages. This includes lost wages (time missed from work), lost benefits and lost future earning capacity.

Pain and suffering. This includes emotional and physical pain and suffering, which may be enormous depending on the extent of the injuries.

Loss of love or enjoyment of life. This is how an injury impacts your quality of life, such as inability to engage in sports or other activities the way you did before the accident.

Property damage. You may recover for damage to your motorcycle and other property.

Punitive damages. Punitive damages are awarded to punish the defendant and deter others from engaging in similar conduct. Such damages may be awarded when the defendant’s conduct is particularly bad or intentional.

Wrongful death. If someone has died as a result of the accident, the person’s family may be eligible to file a wrongful death claim for medical expenses, lost income, loss of companionship, funeral expenses and other damages.

Other damages. All personal injury cases are different, and not all damages fall into one of the categories above. Additional damages may be available to you depending on the circumstances of your case.

The Role of Expert Witnesses in Motorcycle Accident Cases

Expert witnesses can play a crucial role in strengthening your motorcycle accident case. They provide specialized knowledge that can help establish liability, prove the extent of your injuries, or demonstrate the long-term impact of the accident on your life. Common types of expert witnesses in motorcycle accident cases include:

1. Accident reconstruction specialists: These experts analyze the accident scene, vehicle damage, and other evidence to determine how the accident happened and who was at fault.
2. Medical experts: Doctors or other healthcare professionals can testify about the nature and extent of your injuries, necessary treatments, and long-term prognosis.
3. Economic experts: These professionals can calculate the financial impact of your injuries, including lost wages and future earning capacity.
4. Motorcycle safety experts: They can provide insight into proper riding techniques, safety equipment, and industry standards.
5. Engineering experts: In cases involving defective motorcycle parts or road conditions, engineers can provide technical analysis and testimony.

Your attorney will determine if any of these types of expert witnesses would be beneficial in your case. 

How to Select a San Diego Motorcycle Accident Lawyer

Settlements and verdicts for motorcycle accidents vary greatly depending on a number of factors including the extent of the injuries, how much insurance is available, how clear liability is, how likeable the plaintiff is and how well they present themselves, and the skill and experience of the plaintiffs’ lawyer.

The most important factor when choosing a lawyer for a motorcycle accident is to choose one who has a proven track record of success taking personal injury cases to trial and winning the trials. This is what insurance adjusters look for, and this is what’s most important for the client. If the insurance company sees that a lawyer lacks experience doing personal injury cases, or if personal injury is only a small part of the lawyer’s practice, the insurance company will offer significantly less money to the client. If the insurance company sees that a lawyer lacks trial experience, or always settles their cases before trial, the insurance company will offer significantly less money to the client. The lawyers who get the highest payouts for their clients are lawyers who focus their practice specifically on personal injury cases, and have a proven track record of taking such cases to trial and winning.

When selecting a personal injury lawyer, you should choose one who (1) primarily handles personal injury cases, (2) tries cases in court (rather than settling or referring cases to other lawyers), (3) has won honors and awards for success at trial, and (4) associates with fellow personal injury lawyers through organizations like Consumer Attorneys of San Diego. Lawyers who possess all of these qualifications achieve the highest payouts for their clients.

Do not be misled by flashy advertising. A lawyer’s history of taking personal injury cases to trial and winning them is much more essential to the client’s case than whether the lawyer uses photos of Harley Davidsons in his or her ads. Insurance companies value cases in large part based on the lawyer’s skills and experience, not based on whether the lawyer has a billboard ad with a cool motorcycle on it.

Compassionate Advocacy

We are not afraid to take cases to trail and secure the appropriate damages if our clients are not offered the compensation they deserve. We focus on building the best case possible so you can focus on your recovery. We have achieved great results for our clients with compassion and zealous advocacy. Our clients have direct communication with the top attorneys in the city from the beginning their case until the end. Bigger law firms farm their work out to less experienced lawyers, meaning clients have little or no interaction with the attorney they hired. Our clients have direct communication with the top attorneys in our field.

Our top priority is achieving the best possible results for our clients. Dealing with legal issues while recovering can be stressful. We are here to help you achieve peace of mind about the legal issues, so you can focus on your health. Here is what our clients say about us.

Contact and Schedule a Complimentary Strategy Session with our Motorcycle Accident Attorney in San Diego Today

Experience matters. Your case will receive personalized, one-on-one attention from one of the top motorcycle accident lawyers in San Diego. We have the experience, skills and resources necessary to achieve the best possible resolution for your case. Complete this contact form and schedule a complimentary strategy session today with an expert motorcycle accident lawyer from James S. Iagmin.