San Diego Motorcycle Accident Lawyer

San Diego Motorcycle Accident Lawyer

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 motorcycle accidents occur.  Learn more about Jassim Law a San Diego motorcycle accident lawyer.

Motorcycle Accidents 

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.

Jassim Law is an experienced San Diego motorcycle accident lawyer that has 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, you deserve full civil justice and compensation for the full extent of your injuries and other losses. At Jassim Law, a San Diego motorcycle accident lawyer we have over two decades of experience helping motorcycle accident victims navigate California’s legal system and achieve favorable outcomes for their cases, and throughout California.

Common Types of Accidents Motorcyclists Face

While there are many benefits that may draw individuals to ride a motorcycle as their mode of transportation, there is also a serious risk of an accident occurring, and unfortunately even a mild or moderate accident can cause serious injuries to the rider. 

In California, there are more than 10,500 reported motorcycle accidents annually. While there are various different factors that may lead to motorcycle accidents, there are several common types of accidents motorcyclists in San Diego may face if a negligent party is involved. 

Some of the most common types of motorcycle accidents include the following:

Lane Splitting (Lane Sharing) | Motorcycle Accidents

Lane splitting is legal in California for motorcyclists on divided and undivided streets, roads, and highways as long as it is done so safely. The term “lane splitting” can have a negative bias against motorcyclists, because it is portrayed as unsafe, reckless, and dangerous. In reality, the proper term is “lane sharing” and it is legal in California for various reasons.

Despite motorcyclists’ efforts to maneuver through lanes safely, other motorists, like those in cars or trucks,  may not notice them passing by and hit them when trying to change lanes. 

Motorcyclists sharing lanes must do so safely, that means maintain a safe and reasonable speed relative to other traffic, not weaving recklessly, and to keep a proper lookout for other vehicles.

Unsafe Lane Changes | Motorcycle Accidents

All motorists who share the roads have a duty of care to be mindful of those around them before changing lanes. Unfortunately, motorcycles are much smaller in size than other motor vehicles like cars or trucks and may easily be in another motorist’s blindspot. 

Further, most motorists simply keep more of a lookout for other cars, and psychologically “forget” about motorcyclists, especially when they are increasingly distracted by cell phones, including talking on their “handsfree” bluetooth devices.

When another motorist does not take care to check that they are clear to change lanes, they may hit a motorcyclist and cause a serious crash.

Left-hand Turns | Motorcycle Accidents

Drivers of other motor vehicles may pull out in front of a motorcyclist while making a left turn. This can lead to a dangerous accident for all parties involved.

Drunk Driving | Motorcycle Accidents

Driving while under the influence of alcohol is illegal in California. However, it is an unfortunate fact that there are still those who choose to get behind the wheel while intoxicated. Drunk drivers may be unable to have the reactivity time and alertness necessary to drive safely and may cause a motorcycle crash as a result.

Debris on the Roads and Dangerous/Hazardous Road Conditions | Motorcycle Accidents

If there is extensive debris on the roads, it may get caught in the wheels of a motorcycle and can potentially cause a dangerous accident for the motorcyclist.

In most metro areas, the roads are simply not in a good condition. This means there are a lot of “potholes” and other hazardous conditions in the roadway that are especially dangerous for motorcyclists. While a defective road may damage a car or truck’s wheels or suspension, it can cause a serious crash for a motorcyclist.

Inclement Weather | Motorcycle Accidents

Motorcyclists do not have much protection from weather conditions like rain, hail, and heavy winds. Because of this, driving in inclement weather can be highly dangerous and may even put motorcyclists at risk of being involved in a serious accident.

Distracted Drivers | Motorcycle Accidents

If another motorist in a car, truck, or other motor vehicle was texting or doing another activity that distracted them from driving, their negligence may result in a motorcycle accident, leaving victims with severe injuries.

If you were injured in a motorcycle crash caused by the negligence of another party, you have the right to pursue justice by filing a personal injury claim. To ensure you are able to pursue a strong case, regardless of the type or severity of your motorcycle accident, our team of trusted lawyers at Jassim Law is here to provide you with the trusted legal representation you need to get justice for your losses.

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 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 | Motorcycle Accidents

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 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 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.

Motorcycle Accident Statistics in San Diego, CA

Riding a motorcycle is a highly popular mode of transportation. With California being amongst the top states for the most registered motorcycles, it is no surprise that so many people enjoy riding through the palm-studded streets and enjoying San Diego’s optimal weather. However, despite being able to enjoy the beautiful weather and feel the exhilaration that comes with this mode of transportation, there are various risks associated with riding a motorcycle. 

Motorcycle accidents are among the most common types of personal injury cases our attorneys handle for clients in San Diego. Some of the statistics associated with motorcycle accidents in San Diego include the following:

• Fatalities: Between the years of 2017 and 2022, there have been 91 people who were killed in motorcycle accidents in San Diego. This is a fatality rate of 2.39%. 
• Serious Injuries: In recent years, there have been 656 people who were severely injured in motorcycle accidents in San Diego, California. 
• Number of Crashes: There were 639 motorcycle accidents in San Diego, which averages to be about two crashes each day. 
• Number of Crashes in San Diego County: It has been reported that there were 1,384 motorcycle crashes in San Diego County. These motorcycle accidents have resulted in 46 deaths and 1,540 injuries. 
• Comparison to Other California Counties: The county of San Diego ranks third in the state for motorcycle fatalities.

If you have been injured in a San Diego motorcycle accident, you have the right to pursue justice by filing a personal injury claim. Filing a personal injury claim with the help of one of our trusted attorneys will ensure you are able to pursue the fair compensation you may be eligible to recover for the injuries and losses you have suffered. To learn more about how our experienced lawyers can help with your case, contact us today to schedule a consultation.

Contact Jassim Law a San Diego Motorcycle Accident Lawyer 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 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 (858) 524-6140 or completing our contact form.

Frequently Asked Questions About San Diego Motorcycle Accident Cases

How Much Is My Motorcycle Accident Injury Case Worth?

Because every motorcycle accident case is unique and dependent on the severity of your injuries and the facts surrounding the accident, it’s critical you consult a knowledgeable San Diego personal injury attorney who can help clarify your rights and work to secure the highest possible recovery for your case. 

While every case has its challenges and special circumstances, our office can provide the essential details needed to help give you an idea of a reasonable settlement estimate. You should contact us at Jassim Law to discuss your individual situation and get started on your personal injury case as soon as possible. 

How Long Do I Have to File a Motorcycle Accident Claim in California?

With most personal injury claims in California, the statute of limitations for a motorcycle accident lawsuit is two (2) years from the day of the accident. Because of this, it is essential you contact a San Diego personal injury attorney as soon as possible after your motorcycle accident to begin the personal injury claim process and set you up for the best chance of success in your case. 

A few exclusions exist to the two-year statute of limitations in California personal injury cases. Some of these exceptions include the following:

• The Accident Involves a Government Entity or Party: If the at fault party is a government entity, for example, a police officer, city, state, or other government employee, you typically have only six (6) months to file the appropriate claim forms that are a prerequisite to bringing a lawsuit.
• The injury does not present until after the accident: In the case of an injury that does not appear until days or weeks after the accident, the statute of limitations will start on the date of the injury and not the date of the accident. 
• Death as a result of the accident: If your family member dies from injuries sustained in the motorcycle accident, the statute of limitations will begin on the date of their death. 
• The victim was a minor at the time of the accident: If you or your family member is a minor at the time of the accident, the statute of limitations does not start until you turn 18.
• The victim was physically or mentally unable to file a claim: If you or your family member is physically or mentally incapacitated from the accident, you might be granted additional time to file your personal injury claim.

The statute of limitations for a personal injury lawsuit can be complex and nuanced based on the factors surrounding your accident. Because of this, you should contact a San Diego motorcycle accident lawyer who can inform you of your time limits and guide you through your personal injury claim.

What Injuries Are Commonly Found After a Motorcycle Accident?

Because of their exposure and vulnerability while riding, motorcyclists are four times more likely to be injured and 22 times more likely to die in an accident. From mild to severe, road rash is the most common injury reported from motorcycle accidents. While not exhaustive, some other common injuries you might see as a result of a motorcycle accident might include:

• Broken or fractured bones, including the femurs, pelvis, forearms, and shins
• Foot and leg injuries
• Hand and arm injuries
• Spinal cord injuries
• Head and neck injuries, including traumatic brain injuries (TBI)
• Abdominal injuries, including internal bleeding
• Burns
• Muscle injuries, including ligament damage

If you’ve been injured in a motorcycle accident, consult a San Diego motorcycle accident lawyer experienced in handling these cases to help secure the compensation you’re entitled to.

How Long Does a Motorcycle Accident Lawsuit Take?

The length of your motorcycle accident can vary based on the complexity of your case and whether you settle or go to trial. Whether your case takes a few months to over a year can depend on a few factors, including:

• Contested fault: Because California is a comparative negligence state, the negligent party might contest their degree of fault.
• Settlement negotiations: Reaching a settlement outside of court can often speed up your lawsuit process. 
• Insurance companies: Negotiations and disputes with insurance companies can often delay your motorcycle accident lawsuit. 
• Criminal charges: While a criminal case against the negligent party doesn’t necessarily stop a civil case, it can complicate the personal injury case, adding time to the lawsuit.
• Severe injury: In cases where you are seriously injured, it can take additional time to establish the extent of your injuries and the compensation necessary to cover your damages. 
• Court scheduling: Your lawsuit relies on the court’s schedule and can sometimes be scheduled quickly or take more time, depending on the volume of cases.  

As these factors can often make your motorcycle lawsuit more complex, navigating the process alone can be very difficult. Because of this, it is vital you hire a San Diego motorcycle accident lawyer who can help speak with insurance companies on your behalf, negotiate for a settlement, and guide you through every step of your motorcycle accident lawsuit so you reach the best outcome possible in your case