Motorcycles do not have the same safety measures as cars and other vehicles. Because motorcycles share the road with heavy vehicles, this makes them more dangerous for their riders. The majority of motorcycle owners are aware of the dangers they confront when riding their motorcycles. They appreciate the rush and are typically knowledgeable about the bikes’ history. When a motorcycle accident occurs, the effects can be catastrophic, necessitating the assistance of a San Diego motorcycle accident attorney.
San Diego Motorcycle Accident Attorney
San Diego is well-known as a year-round location with a pleasant climate and a plethora of outdoor activities, so it’s no wonder that it’s a popular motorbike vacation. Motorcycles are an excellent mode of transportation for those who like to appreciate the scenery while driving, and Southern California is one of the best places in the country to do it. However, driving or riding a motorcycle carries a number of risks that are more or less unique to this mode of transportation, and it puts motorcycle riders at a higher risk of being involved in an accident than drivers of other vehicles.
If you choose to operate or ride a motorcycle in San Diego, there are several actions you can take to ensure your safety on California roads, including attending advanced rider training and remaining informed about common driver mistakes. However, no matter how skilled a driver you are, you will always be at risk due to other drivers on the road, which is why understanding how personal injury claims work after motorcycle accidents is critical.
If you were injured in a motorcycle accident caused by the negligence of another motorist, you may be entitled to compensation. Working with an experienced lawyer for your claim is one of the greatest ways to increase your chances of a fair settlement, a stress-free claims procedure, and a clear route to a positive outcome following this sad event.
#1. Acclaim Law Group
Acclaim Legal Group is a San Diego-based personal injury law company. It helps those who have been hurt in car accidents, including motorcycle accidents. Its lawyers work with insurance companies to help motorcycle accident victims get compensated for their medical bills and lost wages. Wrongful death lawsuits, pedestrian accidents, dog attacks, and falls due to risky conditions are all handled by Acclaim Law Group. Several of the firm’s partners have been nominated to the Super Lawyers’ Rising Stars list.
#2. Bates Law, PC
Bates Law, PC, is a personal injury firm serving the San Diego area. Its legal department deals with motorcycle accident cases. Whether the incidents were caused by distracted driving or irresponsible lane changes, the specialists seek compensation from the responsible parties. They also represent those who have been injured by drunk driving, dog bites, or wrongful death. They also pursue payments on behalf of customers who have suffered work-related injuries. For more than 20 years, Paul Bates has been a legal advisor.
#3. Bodell Law Group
Bodell Litigation Group, a motorcycle accident attorney in San Diego based in San Diego and comprised of a team of motorcycle accident lawyers, provides legal advice in a variety of areas, including personal injury law. Its attorneys investigate the circumstances, review medical records, analyze police reports, listen to witnesses, and negotiate with insurance companies to secure reasonable compensation for motorcycle accident victims. To help show liability, they consult with traffic safety experts and accident reconstructionists. Construction accidents, product liability, and dog bites are among the matters handled by the business.
#4. Hanecak Law Inc
Hanecak Law Inc. is a San Diego-based law firm that was founded in 2011. It provides legal assistance to people who have been injured in motorcycle accidents. The firm’s founder, Daniel Hanecak, analyzes his customers’ cases and assists them in obtaining compensation for their financial losses, personal property, and physical pain. Accidents involving cars, buses, bicycles, trucks, and pedestrians are also handled by the office. It also works on real estate issues, such as contract violations and misinterpretations.
#5. Jassim Law
Jassim Law, a motorcycle accident attorney based in San Diego, assists victims of vehicle accidents, particularly motorcycle accidents, with personal injury claims. It focuses on truck-related traffic incidents, which can be particularly dangerous for smaller road users such as motorbikes. Jassim Law represents clients throughout California and has had remarkable success in suing local governments for allowing roadways to become dangerous for motorcycle riders. Members of the San Diego County Bar Association make up the firm’s legal team.
#6. Kazerouni Law Group, APC
Kazerouni Law Group is a law firm based in Tunisia. APC is a large law practice in San Diego with offices in Texas, Utah, Arizona, and Minnesota. as well as a team of motorcycle accident lawyers. It assists victims of motorcycle and other motor vehicle accidents in obtaining the highest possible compensation for traumatic brain damage, wrongful death, and broken bones sustained as a result of road accidents. It also handles personal injury lawsuits involving dog bites, as well as instances involving premises or product liability. Debt collection harassment and consumer rights are two further areas of practice.
#7. Law Office of Derek J. Wilson
The Litigation Office of Derek J. Wilson is a personal injury law practice in San Diego that represents people injured in motorcycle accidents and other types of vehicle accidents. The solo practitioner firm litigates on behalf of clients against insurance companies in order to collect the highest possible compensation for the injuries sustained in the accident. It also offers legal representation in workplace disputes. Wilson has been recognized by Super Lawyers as a Rising Star” since 2015.
#8. Leigh Law Firm
The Leigh Law Company is a San Diego-based personal injury and workers’ compensation law firm. It helps motorcycle accident victims by negotiating with insurance companies to get the best possible compensation for medical bills, lost wages, and motorcycle damage. Dog attacks, spine injuries, brain trauma, and wrongful death are among the cases handled by the firm. Alexander J. Leigh, the firm’s managing attorney, is a member of the California State Bar.
#9. Lincoln, Gustafson, & Cercos
Lincoln, Gustafson & Cercos, LLP, founded in 1987 in San Diego, represents victims of catastrophic vehicle, motorcycle, and commercial transportation accidents resulting in injuries ranging from burns and crushing injuries to traumatic brain damage and wrongful death. Phoenix and Las Vegas are owned by the firm. It can help with any aspect of civil law. The founding partners, Thomas J. Lincoln, and Theodore R. Cercos are both members of the Clark County Bar Association and the San Diego Bar Association.
#10. Ozols Law Firm
The Ozols Law Firm is a San Diego personal injury law firm with a team of motorcycle accident attorneys. assists clients with compensation claims for motorcycle accidents. The firm represents clients in lawsuits against negligent parties and insurance providers, seeking the highest possible compensation. The National Trial Lawyers Association has named founder Alex Ozols one of the Top 100 Trial Lawyers in America. Other personal injury cases handled by the Ozols Law Firm include wrongful death, aviation accidents, and pedestrian accidents.
#11. Petrov Law Firm
Petrov Law Firm has offices in San Diego, Chula Vista, and North County to serve customers. The firm, which was founded in 2014, defends clients in personal injury and wrongful death disputes, including motorcycle and car accidents. Each case is by the firm’s attorneys, who then assist clients in navigating insurance claims and recovering reimbursement for medical costs, lost earnings, and other losses. The Petrov Law Firm can also help with estate planning.
#12. Rist Law Office
In San Diego, the Rist Law Office defends clients who have been engaged in motorcycle accidents. Tom Rist, a lawyer with over 18 years of experience, founded his practice in 2007. He helps motorcycle accident victims in their efforts to seek compensation for past and future medical expenditures, lost and future wages, and property damage. Also, he represents clients in accidents involving bicycles, cars, trucks, pedestrians, Lyft, and Uber. He specializes in employment law, assisting clients with issues such as wrongful termination, sexual harassment, and discrimination.
#13. The Law Offices Of Barry Pasternack
The Law Offices of Barry Pasternak, a team of motorcycle accident injury attorneys in San Diego, represents clients wounded in motorcycle accidents, safeguarding their rights after major accidents caused by the negligence of others, with over 30 years of experience. Attorneys perform thorough investigations and engage in fact-based negotiations with insurance companies, as well as vigorous courtroom litigation. The Law Offices of Barry Pasternak seek compensation for medical bills, lost wages, and pain and suffering on behalf of their clients.
Benefits of Hiring an Attorney After a San Diego Motorcycle Accident
When you’ve left the scene of the accident, taken care of any urgent medical problems, filed an accident report, and are ready to think about the following steps, one of the first things you’ll want to think about is your insurance claim. When another motorist causes an accident, whether via recklessness, negligence, or any other actions or inactions. Their insurance policy is responsible for compensating all victims, including you.
Many people believe that they should contact an attorney after the claim investigation has begun. But the optimum time to do so is as soon as possible after the accident. You will get legal counsel throughout the process if you hire an attorney before submitting a claim.
#1. Filing a Claim With a Lawyer
The process of filing a claim with the other driver’s insurance company appears to be fairly simple. Which is precisely how the insurance company has structured it. The best thing an insurance company can do is make a claims investigation quick and stress-free for the victim. So they don’t feel obligated to hire a lawyer. This is only one strategy they’ll employ to keep the amount of money they pay for your injuries to a minimum.
When you engage a lawyer before submitting a claim, they will be able to handle the paperwork for you. This means that whatever statements you make to the firm will not be used against you later on. Unfortunately, a victim might obstruct their final settlement in a variety of seemingly innocuous ways. Including something as simple as issuing an apology to the opposing driver (which can be construed as an admission of fault).
#2. Working With a Lawyer and a Claims Adjuster
When you make a claim, the insurance company will appoint a claims adjuster to go over all of the details of your case and figure out how much to pay you in a settlement. The reality of their job is that they are looking for any loopholes in your claim that will allow them to reduce the final amount they must pay to compensate you for the accident. They’ll gather information such as police reports, eyewitness stories, financial statements, and other documents.
During the investigation, you may be required to undergo an independent medical examination so that an “independent” (insurance company-hired) doctor can verify your injuries. Any statement you give to the doctor, and hence to the insurance company, will be utilized to try to keep your payout to a minimum. Your lawyer will be able to advise you on how to handle each step of the inquiry without jeopardizing your claim.
#3. Negotiating a Settlement
Your lawyer will be able to take advantage of the time and do their own fact-finding and settlement computations during this investigation. When the insurance company makes a settlement offer. You may be surprised by the discrepancy between the numbers determined by your attorney and the insurance company. Fortunately, your lawyer will be prepared to counter-offer.
Negotiations will go back and forth for a while until either an agreement is reached or you and your attorney decide to move forward with the process by filing a complaint with the California courts. Up to 95% of vehicle accident insurance claims have been settled, but if yours does need to go to court, you’ll be with Injury Trial Lawyers, APC’s trial lawyers.
Calculating a Settlement Amount After a Motorcycle Accident
A motorcycle accident is typically in the same way as any other form of personal injury claim. With the sufferer seeking compensation for both economic and non-economic damages. A victim of a personal injury case may be additional punitive damages by a judge or jury at the conclusion of a trial in very rare circumstances. But a victim cannot request or expect them. Thus they are not into account when calculating the damages in a settlement agreement.
#1. Economic Damages
Economic damages are the most straightforward to assess in any personal injury claim, including motorcycle accidents, for a variety of reasons. In addition, economic damages, in particular, are easy to measure since they have actual cash amounts linked to them, and they almost always have a paper trail that clearly links them to the disaster. They cover all expenditures associated with an injury and recovery, such as hospital bills, ambulances, prescriptions, and more.
Economic damages seek compensation for any income-based repercussions of the injury. Such as lost wages, reduced earning capacity, vacation days or sick leave used to cover missed work, and possible long-term disability payments, in addition to medical expenses. There are numerous more economic damages that a competent lawyer is aware of and can include in a settlement.
#2. Non-Economic Damages
Because of the subjective character of non-economic damages, they are more difficult to calculate. Non-economic damages are to compensate for the mental and physical consequences of an accident. Such as the pain and suffering caused by the injuries incurred. As well as the sadness or terror that might accompany such a traumatic incident. Because there is no way to fully value pain, these are usually the most contentious aspects of a settlement agreement, despite their importance.
Non-economic damages can be in a variety of ways. But one popular method is to use a multiplier. Which is a number on a scale that indicates the severity of the damages. Once you and your attorney have decided on a number. It will be by your economic damages to convert to a dollar value. For example, if your number is 1.5 and your economic damages are $50,000, your non-economic damages would be ($50,000 x 1.5) or $75,000 overall.
Common Injuries in San Diego Motorcycle Accidents
Motorcycle collisions, like any other sort of vehicle collision, are unpredictable and dangerous. A rider can sustain a variety of injuries, the degree, and character of which are dependent on factors like the speed of both vehicles, and the size of the other vehicle. The way the rider hits the ground after the first contact, and more.
The following are some of the most common injuries in motorcycle accidents:
#1. Laceration Wounds
Because the rider is generally from the vehicle and subsequently hits the ground. Road rash and other laceration injuries are prevalent in motorcycle accidents. There is a variety of protective gear available to defend against these injuries. But none of them is 100 percent effective.
#2. Whiplash
Whiplash is more common in automobile accidents, where the passenger is by their seat belt as their head moves in a fast “S” motion forward, down, and back. But it is nonetheless a serious injury in motorbike accidents. Damage to the soft tissues in the neck as the head jerks back and forth causes this sort of injury.
#3. Fractures
When a motorcyclist is ejected from their motorcycle at high speeds and collides with the ground, broken and fractured bones are likely to occur. Broken wrists are prevalent in these types of crashes because it is instinctive for people to extend their arms in front of them to protect their heads and chest. A motorbike accident might, however, result in a variety of fractures.
#4. Traumatic brain injuries
All riders and passengers on a motorbike must wear a helmet under California Vehicle Code Section 27803. Which has helped reduce traumatic brain injuries, although they are still common even with full head protection. These injuries might be fatal if not addressed promptly.
#5. Bruising, Hematomas, and Internal Bleeding
Bruising and hematomas are common in these types of accidents, as they are with all impact injuries. Especially in areas of the body that first made contact with the other vehicle or the ground. In addition to obvious circulatory system injuries, interior organs can be severely and suffer lacerations, resulting in internal bleeding. Internal bleeding, if left untreated, can result in death.
You are to compensation regardless of whether your injuries are similar to those listed above. We will be able to assist you in identifying all of the many effects that the accident has had on your life. As well as fighting for the compensation that you are to as a result of your injuries.
Do I Need to Declare an Accident on My Motorcycle Insurance?
You are required to advise your insurer of any accidents or claims that you have been involved in, regardless of who was at fault or whether or not a claim was filed, and this requirement applies to accidents that occurred in any vehicle and not only those that occurred on your motorcycles. When it comes to locating appropriate insurance coverage, this is one of the most common pitfalls that consumers encounter.
How Much Can an Accident Lawyer Lodge?
The typical percentage taken by attorneys is 33 percent; so, if you are awarded $100,000 in damages, your attorney will earn $33,000 of that amount as payment for their services. However, the fees can often range anywhere from around 25% to about 40% of the total value of the claim, depending on the stage at which the claim is settled and the degree of difficulty of the case.
What Is the Typical Speed When a Motorcyclist is Involved in an Accident?
- 30mph
Accidents involving motorcycles can take place even at the slowest speeds, but the average speed of these collisions is 30 miles per hour. According to research conducted by the National Highway and Transport Safety Authority (NHTSA), speeding is a contributing factor in 33 percent of all motorcycle accidents. More often than not, motorcyclists are traveling faster than the speed limit when an accident occurs.
Why You Should Hire Injury Trial Lawyers
Your top objective after a motorcycle accident should be to heal from your injuries and get your life back on track. When you hire the award-winning team at Injury Trial Lawyers, APC to handle your case, you can rest assured that you will get the best legal representation for your claim, negotiations, and, if necessary, a full lawsuit. Our firm has been successfully representing victims of motorcycle accidents, vehicle accidents, and other personal injuries since 2004, and our experience will be invaluable in your case.
FAQ
What if more than one person caused my motorcycle accident?
You can name all the parties responsible for your crash in your injury claim. If, for example, a driver was speeding and his or her brakes failed before crashing into you, you might be able to name the driver and the manufacturer of the defective brakes in your motorcycle accident claim.
What evidence will I need to support my claim?
Your San Diego motorcycle collision lawyer will know where and how to find evidence related to your crash, but some common types of evidence used in these cases include witness statements, traffic cam footage of the crash, photographs of the accident and your injuries, medical records, and expert testimony.
Will my motorcycle accident case go to trial?
As mentioned above, nearly 95% of all accident claims are settled before they must go to trial. This is due in part to the multiple opportunities to negotiate a settlement before a trial, as well as an insurance company’s willingness to reach an agreement without a costly court case.
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