What This Page Covers:
- Victim Advocacy: Jassim Law fights for the rights of motorcycle accident victims in San Diego, offering over two decades of legal experience to navigate the complex claims process and secure favorable outcomes, debunking the biases against motorcyclists and proving their innocence in accidents.
- Evidence Collection: To establish another driver’s liability in a motorcycle accident, critical evidence such as accident scene photos, eyewitness statements, and medical records are meticulously gathered, underscoring the firm’s commitment to building a solid claim for compensation.
- Fault Determination: The article outlines the nuanced process of determining fault under California’s comparative fault system, emphasizing the importance of a thorough investigation and legal knowledge to ensure victims receive fair compensation, even if partially at fault.
- Compensation Recovery: Highlighting the potential damages recoverable through a motorcycle accident claim, from medical expenses to pain and suffering, we are dedicated to assessing victims’ current and future needs, aiming for the maximum compensation possible.
Many Californians enjoy riding motorcycles to feel the breeze on their faces as they enjoy the state’s scenic vistas. Unfortunately, motorcycles are often difficult to see by distracted drivers, and lack the same safety features as cars, leaving riders vulnerable to catastrophic injuries when an accident occurs.
Often, motorcycle accident victims face an arduous road to recovery, requiring substantial medical treatment and extended time off work. When car, truck, or bus drivers fail to check their surroundings or obey traffic laws and cause an accident, they may be held liable for their actions through a motorcycle accident claim.
The unpleasant truth is motorcycle riders get a bad and unfair rap. Insurance companies often try to blame the motorcyclist for the accident and exploit the prejudices and misconceptions about motorcycle riders.
The insurance company wrongfully claims the motorcycle rider was “lane splitting” (which is LEGAL in California and appropriately called “Lane Sharing”). The insurance company wrongfully claims the rider was speeding or tries to exploit the sporty nature of motorcycles to mischaracterize the accident as the rider’s fault.
Insurance companies and defense lawyers sometimes go so far as to portray motorcycle riders unfairly and inaccurately as “gang members” and attempt to exploit their persona in a negative and unfair light, which has nothing to do with how an accident may have occurred or their injuries. We do not allow this.
Our San Diego motorcycle accident lawyers have handled numerous motorcycle cases with great success and ride motorcycles ourselves. We know the law, and we know how to prove the motorcycle rider was NOT at fault, or not entirely at fault.
If you have sustained a severe injury in a motorcycle accident in San Diego, you deserve full civil justice and compensation for the full extent of your injuries and other losses. At Jassim Law, our San Diego motorcycle accident lawyers have over two decades of experience helping motorcycle accident victims navigate California’s legal system and achieve favorable outcomes for their cases in San Diego, and throughout California.
Evidence Used to Prove Negligence After a Motorcycle Accident in San Diego
Immediately after taking your case, a San Diego motorcycle accident lawyer will begin an investigation into the cause of your accident. While every motorcycle is different, many are caused by similar instances of driver negligence. To successfully pursue compensation for the full extent of your losses, your attorney must build a solid claim to establish the other driver’s liability, supported by evidence. A few critical pieces of evidence include the following:
- Photos of the accident scene
- Photos of any vehicle damage
- Preservation of helmet and riding gear
- Eye witness statements
- Photos of your injuries
- Dash Cam, traffic cam, security or surveillance footage
- The police report documenting the incident
- Police body worn camera footage and photos
- Your medical bills and records
- Motorcycle service, maintenance, and repair history
- Motorcycle training and safety course certificates
When you partner with a skilled motorcycle accident attorney in San Diego from Jassim Law, you can trust us to investigate your accident thoroughly, so we have the tools necessary to protect your rights and interests. We know the unique aspects of handling a motorcycle case and are skilled in disproving the unfair myths and stereotypes insurance companies may try to perpetrate about riders.
Establishing Fault in a San Diego Motorcycle Accident Claim
Establishing fault in a San Diego motorcycle accident claim is an essential step towards recovering damages for the injuries and losses suffered. This process can be complex, as it involves analyzing the details of the accident, understanding California’s traffic laws, and navigating through the nuances of legal liability.
The following is an overview of how fault is determined and its impact on a motorcycle accident claim.
Understanding California’s Comparative Fault System
California observes a pure comparative fault system, which allows for the distribution and sharing of fault among all parties involved in an accident. This means that even if you were partially at fault for the motorcycle accident, you could still recover compensation, albeit reduced by your percentage of fault as determined by a jury.
Therefore, establishing the degree of fault is not just about determining who was responsible but also about quantifying how much each party’s actions contributed to the accident.
Reviewing Traffic Laws
A thorough review of the relevant traffic laws is essential to establish fault. Violations of these laws, such as running a red light, reckless driving, speeding, or failing to yield the right of way, significantly impact the determination of liability. At Jassim Law, we examine the specific circumstances of the motorcycle accident against state and local traffic laws to identify any breaches by the involved parties.
Considering the Role of Negligence
Establishing fault often involves demonstrating that another party acted negligently, leading to the accident. This requires showing that the party had a duty to act in a certain way, breached that duty, and caused the accident and subsequent damages as a result of their actions.
Impact of Fault on Compensation
The determination of fault directly impacts the amount of compensation you can recover. Under the comparative fault rule, your compensation will be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the motorcycle accident, your compensation will be reduced by 10%. Therefore, accurately establishing fault is key to ensuring you recover the full extent of the compensation you deserve for injuries and losses.
Due to the complexities involved in establishing fault in motorcycle accident claims, it is highly advisable to seek the legal support of a highly qualified personal injury attorney at Jassim Law. We can navigate the claims process, advocate on your behalf, and work to ensure that fault is accurately determined and you receive the compensation you deserve.
What Is the Statute of Limitations for Pursuing a Motorcycle Accident Claim in San Diego, CA?
All states abide by a legal time limit known as the statute of limitations for filing motorcycle accident claims. In California, the statute of limitations is typically two years from the accident date. However, the statute of limitations may vary depending on the type of defendant in your case. For example, if you were hit by a government vehicle or lost control of your motorcycle due to dangerous road conditions, the statute of limitations would only be six months to a year.
While months or years may seem like plenty of time to pursue justice, acting sooner rather than later is absolutely essential. Critical evidence may be lost or destroyed over time, and eyewitnesses may forget important details about what they saw. Additionally, insurance companies understand and often use tactics to slow down or delay cases to avoid paying the compensation you are owed. With these factors in mind, contacting a San Diego motorcycle accident lawyer as soon as possible after your accident is in your best interest.
Possible Damages Available Through a Motorcycle Accident Claim in San Diego
Motorcycle accident victims often feel overwhelmed and unsure of their next steps after their collision. At Jassim Law, our San Diego motorcycle accident attorneys dedicate themselves to helping motorcycle accident victims navigate California’s claims process as we pursue justice on their behalf. We aim to take the stress of filing a claim off your shoulders as we fight aggressively for your rights and interests and the maximum value of your claim. A few types of damages we may be able to help you recover include the following:
- Current and future medical expenses
- Lost wages and earning potential
- Significant disfigurement or disability
- Emotional trauma
- Loss of enjoyment in life
- Physical impairment
- Inconvenience
- Pain and suffering
- Property damage
The skilled San Diego motorcycle accident attorneys at Jassim Law understand that motorcycle accidents impact every victim differently. When you partner with our motorcycle accident lawyers in San Diego, we will take the time and care to get to know you and fully understand how your injuries and other losses impact your daily life. We dedicate ourselves to considering your current and future needs when determining the total value of your claim and pursuing the compensation you deserve.
Contact Our San Diego Motorcycle Accident Lawyers at Jassim Law for a Free Consultation
If you suffered severe injuries in a motorcycle accident in San Diego, you deserve to have an aggressive legal advocate in your corner. The knowledgeable San Diego motorcycle accident lawyers at Jassim Law have provided top-notch legal representation to clients across California for two decades. We have the knowledge and skills to fight fiercely for your rights and have a proven track record of recovering millions in damages for our clients.
To learn more about how our San Diego personal injury attorneys can help you pursue your claim, schedule a free consultation by calling (619) 630-2680 or completing our contact form.
LEGALLY REVIEWED BY:
Pajman and Parisima Jassim
September 15, 2024