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 motorcycle accident lawyers in the city to review the legal issues you’re facing and learn strategies that could get you the resolution that you want.
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 an 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.
Liability for motorcycle accidents depends on who caused the accident.
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.
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.
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.
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.
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.
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.
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 form and schedule a complimentary strategy session today with an expert motorcycle accident lawyer.
Mayo Clinic – Definition of MRI
California Legislative Information – California Vehicle Code § 20008
California Legislative Information – California Vehicle Code §§ 20001-20002
California Legislative Information – California Code of Civil Procedure § 335.1
California Legislative Information – California Government Code § 945.6
California Legislative Information – California Vehicle Code § 22350
California Legislative Information – California Vehicle Code § 23123
California Legislative Information – California Vehicle Code § 21453
California Legislative Information – California Vehicle Code § 21450
California Legislative Information – California Insurance Code § 11580.1
A gentleman suffered serious orthopedic and internal injuries when a truck turned left in front of him. He made a nice recovery.
James Iagmin has more than 20 years of experience handling personal injury claims. Jim has a proven track record of achieving successful results for his clients. Jim is known for being a compassionate, caring and intelligent attorney and is recognized in the San Diego community for his integrity, character and skill has a lawyer. Jim has received numerous honors and awards for his abilities as an attorney.
Tell us what happened and Jim will contact you as soon as possible to discuss your case. The consultation is without obligation and we receive no fees until we win your case. Let us know how we can help you.
James Iagmin is widely recognized by his clients, fellows lawyers and others within the San Diego community for his integrity, compassion, intelligence and skill as one of the top accident lawyers in San Diego.
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