Riding a motorcycle is a thrilling, exciting way to experience all San Diego has to offer, but they can also be dangerous. Due to their lack of protection, motorcyclists face higher risks of injury in the event of an accident. Unfortunately, many motorcycle accidents occur due to human negligence, and in these cases, our accomplished lawyers at Callahan & Blaine are here to help. With a 40-year legacy and a team of 26 attorneys, we can handle every aspect of your claim while you focus on recovery.
Every San Diego motorcycle accident lawyer on our team has over eight years of experience, giving us the skills, knowledge, and resources to take on your motorcycle accident claim. We provide the guidance and legal expertise you need to achieve the compensation and justice you deserve. Our team has a proven track record of several multi-million dollar settlements, including the largest bad faith insurance verdict in Orange County history of $58 million, so you can trust us to negotiate with insurance adjusters and hold the liable party accountable.
Who May Be Liable for a Motorcycle Accident in San Diego?
According to the National Highway Traffic Safety Administration, 82,686 motorcyclists were injured in the U.S. in 2021. These accidents can occur for many reasons, including reckless driving, poor road conditions, and defective parts. However, knowing whose negligence caused the accident can be challenging. Our seasoned San Diego motorcycle accident lawyers conduct a detailed investigation to gather evidence and identify a liable party, which may include the following:
- Another driver: Another car or truck driver may be liable for your motorcycle accident and injuries if they drove recklessly, failed to follow traffic laws, or drove under the influence.
- Manufacturer: If a defective part caused your motorcycle accident, the manufacturer may be responsible.
- Pedestrian or bicyclist: Just like drivers, pedestrians and bicyclists must follow traffic laws and uphold their duty of care. If they fail to do this and do not give you or another driver enough time to stop, they may be liable.
- Property owner or government agency: Property owners and government agencies are responsible for maintaining their roads, so if they fail to do this and poor road conditions cause the accident, they may be held accountable.
Once we have identified a liable party, we gather and analyze evidence, like medical records, police reports, video footage, and witness testimony, to prove they neglected their duty of care and directly caused the accident, your injuries, and other damages.
Potentially Recoverable Damages After a California Motorcycle Accident
After a motorcycle accident, you may worry about paying your medical bills and other costs associated with your injuries, especially if you have to miss work to recover. At Callahan & Blaine, we understand these concerns and fiercely advocate for maximum compensation. Based on the severity of your injuries and specific details of your accident, you may recover the costs of the following:
- Past, present, and future medical bills
- Lost wages from missed work
- Property damage
- Ambulance ride
- Physical therapy and rehabilitation
- Prescribed medications
- Pain and suffering
- Reduced quality of life
- Emotional distress
When calculating your claim’s worth, our detail-oriented San Diego motorcycle accident lawyers carefully assess your case to ensure we fight for fair compensation. Insurance adjusters may attempt to undermine your claim, but we understand their tactics and implement effective strategies to navigate the legal process.
How a Motorcycle Accident Lawyer Can Help Your San Diego Claim
After suffering injuries in a motorcycle accident, your recovery should be your top priority. However, this can be challenging if you attempt to handle your claim alone. Therefore, securing an experienced, trusted legal team is crucial for a successful outcomes and smooth recovery. At Callahan & Blaine, our robust team can make a difference in your San Diego motorcycle accident claim in the following ways:
- Expertise and experience: With each motorcycle accident lawyer on our team having over eight years of experience and our 40-year legacy, we have the knowledge and insight to manage your claim effectively.
- Prepared for trial: We pride ourselves on being trial lawyers at our core. While we work hard to settle your claim out of court, we are fully prepared and confident to present your case to a judge and jury if necessary.
- Record breakers: We secured the largest jury verdict in Orange County history at $934 million. We also achieved a 12-0 jury verdict after a two-month trial in a major employment case. This demonstrates our ability to create and implement top-notch strategies for complex cases.
In addition to our extensive experience and proven track record, our Managing Partner, Edward Susolik, is one of the leading insurance experts in the U.S. and has handled over 1,500 mediations in the last 33 years. With this expertise, you can have the peace of mind that your claim is in the right hands.
How Do California Laws Impact Motorcycle Accident Cases?
Several California laws might affect your motorcycle accident claim. We will highlight a few of them so you can gain a deeper understanding of how they work.
California’s Lane-Splitting Law
In California, lane-splitting is legal. Also called lane sharing and white lining, this is when a motorcyclist moves between lanes of traffic, going in the same direction as the flow of traffic. However, according to the California Highway Patrol, there are some limitations to lane-splitting, as it may be unsafe without these regulations. For example, it is illegal to intentionally block or otherwise impede a motorcyclist, as this could cause them harm.
It is also illegal for other motorists to open their car or vehicle doors to block a motorcyclist, as this could also lead to serious injury. Vehicle drivers in the left-most lane of traffic are generally encouraged to move to the left, as this will help ensure that motorcyclists have enough room to pass by.
While lane-splitting is legal, motorcyclists are also responsible for making sure they are traveling safely. This means motorcyclists should still follow the rules of the road and avoid going more than 10 mph faster than the surrounding traffic. Lane-splitting is generally safest in slower-moving traffic, so it is also best to stay in the first two lanes and to do so in traffic going approximately 30 mph or less.
Helmet Laws for Motorcyclists
According to the California DMV Handbook, all motorcycle riders and passengers are required to wear a helmet. In particular, the helmet must be U.S. DOT compliant and certified by its manufacturer that it complies with these requirements.
The California helmet law is intended to keep motorcyclists and their passengers safe, as head injuries can quickly lead to loss of life. Head injuries are much less likely when you wear your helmet properly, as well as replace your helmet based on regulations. Especially if you have been in an accident, it is likely time to replace your helmet. If you can see cracks and obvious wear and tear, or it has been more than five years, you should also get a replacement helmet. Frequent riders should replace their helmet every two or three years.
Comparative Negligence in California Motorcycle Accidents
In California, personal injury claims are handled based on pure comparative negligence. Essentially, this means that people injured in an accident can recover financial compensation for their damages, even if they are partially at fault. This process also applies to accidents involving motorcyclists, including when non-motorcycle vehicles are also involved.
For instance, if Party A was found 10% at fault for the accident and faced $100,000 in damages, they could recover up to $90,000 in financial compensation. This is even the case if another party is responsible for damages. If Party A was 30% responsible and Party B was 50% responsible, both parties would be able to recover compensation. In this example, Party A could get up to 70% of their damages compensated, and Party B could get up to 50%.
What Are the Insurance Challenges Unique to Motorcycle Accidents?
You probably pay your insurance company because they have made promises about the protection you can get in return. But in reality, insurance companies are not very interested in paying their clients the money they are rightfully owed. This is because insurance companies are interested in keeping their profits high, and they are banking on their clients either not getting into accidents or not questioning when their claim gets rejected.
When you communicate with insurance, it is important to only answer their questions without adding extra information. You are required to answer their questions, but you should avoid filling in extra details that they do not ask you about directly. This will help you ensure you have control over the information you have on the accident, mitigating the risk of insurance trying to lower the value of your claim.
Insurance companies have an additional negative bias against motorcyclists, as they are stereotyped to be more reckless and likely to get into accidents. Luckily, when you work with a San Diego personal injury attorney, you can hold those insurance companies accountable for their end of the bargain much more efficiently. Insurance companies will quickly recognize that your lawyer is familiar with the law and the rights you have.
What Are the Critical Steps After a Motorcycle Accident?
After you have been in a motorcycle accident, you may have a lot of worried thoughts running through your mind. In an attempt to make the process more manageable, we have a few recommendations for your next steps. We encourage you to utilize the following suggestions:
- Seek medical attention as soon as possible, as this shows the court you are taking your recovery seriously.
- After getting discharged from emergency care or visiting your doctor, follow any treatment plans and recommendations.
- Hold onto any medical paperwork, which will be essential during your claim.
- Collect relevant evidence, including pay stubs, witness statements, photos, and videos.
- Log out of social media, as any posts or comments may be taken out of context and used against you.
- Do not speak with others about your claim, including friends and family, to limit miscommunication and information being taken out of your control.
- Communicate with the necessary authorities, including law enforcement (when they arrive), the DMV (if you did not speak with law enforcement at the accident site), and your insurance company.
- Reach out to an attorney for assistance with tasks, including communication with other parties and legal representatives.
If you have any questions about these recommendations, you are encouraged to contact us at Callahan & Blaine, PC. We can also give you suggestions tailored to your specific circumstances, as we provide our clients with personalized support.
Contact the Reputable San Diego Lawyers at Callahan & Blaine About Your Motorcycle Accident Claim
Dealing with the aftermath of a motorcycle accident is not easy, but with the help of the dedicated San Diego motorcycle accident lawyers at Callahan & Blaine, you do not have to go through it alone. Our accomplished San Diego motorcycle accident attorneys have years of experience navigating intricate motorcycle accident claims and provide the guidance you need every step of the way.
We have proudly provided unmatched, comprehensive legal services to San Diego victims for years, so you can trust us to negotiate and fight for your rights on your behalf. Let us alleviate your stress and take the weight of the legal process off your shoulders. To schedule a consultation, call us at 714-241-4444 or fill out our contact form.
