The National Highway Traffic Safety Administration uses the term motorcycle to include any two-wheeled or three-wheeled motorcycle, off-road motorcycle, moped, scooter, mini bike, or pocket bike. While each of these cycles differ, one fact remains consistent. These vehicles afford riders far less protection than cars do. Any careless act on the road could kill or catastrophically injure a motorcyclist. The San Diego motorcycle accident attorneys at CaseyGerry know about these consequences first hand. For decades, they have been representing those who sustained injuries or lost a loved one on a motorcycle. If it happened to you, we can help. We are the best will it comes to all personal injury claims in San Diego.
Our attorneys have dedicated their practice to helping injury victims and their families recover compensation for their losses. Offering high-quality legal services and maximizing financial recovery are our highest priorities, and we have secured billions of dollars in compensation for our personal injury clients. We have spent more than 70 years fighting for injured motorcyclists’ rights while making sure that negligent and reckless parties are held accountable.
CaseyGerry obtained a $5.4 million verdict against the U.S. government in favor of a motorcyclist involved in a serious collision with an on-duty U.S. border patrol agent. His injuries resulted in a leg amputation. The win was one of the highest San Diego motorcycle crash verdicts in federal court history.
In 2016, motorcycle-related fatalities in the state accounted for more than 15 percent of the total motor vehicle fatalities in the U.S. The same year, California saw 14,000 injuries and an 11 percent increase in motorcycle deaths from 2015. But if you are the one injured or the relative of someone killed in a motorcycle crash, the numbers don’t matter. What matters is the road ahead – the costs of care, pressure from the insurance company, tracking down police reports, and getting answers.
Rear-end collisions are a major problem for motorcyclists who lack the protection of a seat belt or airbag. Injuries can be severe and, in some cases, result in the rider’s death. These accidents usually occur at stoplights, stop signs, and when:
When a car suddenly makes a left-hand turn in front of an oncoming motorcycle, the rider often has no choice but to swerve uncontrollably or be hit. ‘Left turn’ accidents account for 36 percent of fatal motorcycle accidents. The most common reasons for left-turn crashes are:
Head-on crashes are among the most catastrophic types of collisions. They occur when a driver veers into an oncoming lane or drives the wrong way on a one-way street and are mainly caused by a motorist’s negligent actions. Common reasons for these deadly wrecks include:
Also referred to as side-impact or broadside collisions, T-bone accidents happen when the front end of a car hits the side of a motorcycle, or vice versa, and forms a “T.”
California Assembly Bill No. 51 approved by the Governor on August 19, 2016, made lane splitting legal in the state of California. This means motorcyclists can ride between lanes of traffic moving in the same directions. Lane splitting can help motorcycle riders move past congestion, but there is a risk of an accident, often due to:
Some of the most common injuries suffered in motorcycle accidents include:
There were 1,883 people killed and injured in motorcycle crashes in San Diego County in 2016 alone, according to the California Office of Traffic Safety. Motorcyclists regularly have to defend themselves against unfair stereotypes and biases. They are often assumed to be reckless and aggressive, which is why you need an attorney who will challenge these perceptions and stand up to false accusations and assumptions. Police report information is often critical in proving motorcycle accident liability. Experienced motorcycle accident attorneys will review the report and dispute any misrepresentations or misleading information contained in the document.
A common defense tactic is to blame the injured motorcyclist for the accident. However, even if you were partially at fault for the accident, you may still be entitled to financial recovery for your injuries and damages. California’s comparative fault law provides that fault will be allocated to the parties involved in the accident. After injuries and damages are calculated, the plaintiff’s compensation will be reduced by his or her percentage of fault. For example, if your injuries and damages were $50,000, and you were 50% at fault for the accident, you would recover $25,000 (50%) for your losses.
The amount of compensation you will recover for your accident depends on the extent of your injuries and damages. Recoverable compensation for your motorcycle accident may include the following:
Unfortunately, too many motorcyclists suffer fatal accident injuries. If you lost a loved one in a motorcycle accident, you might have a claim for damages against the responsible party. After the unexpected death of a loved one, surviving family members are left to cope with their grief and losses. Wrongful death claims can help survivors feel a sense of justice and closure. These actions also help family members attain financial compensation and security for the losses that they have suffered.
Our San Diego personal injury attorneys understand that losing a loved one to someone else’s negligence is a tragedy that no family should have to experience. We will handle your claim with compassion and respect while aggressively advocating for justice. Under a wrongful death claim, financial recovery may include funeral and burial expenses, as well as lost financial support, benefits, guidance, household services, and consortium.
If your loved one experienced losses as a result of the accident before he or she died, the estate might have a claim for damages under a survival action. The personal representative may file the action on behalf of the estate. Recoverable losses include medical expenses, lost wages, and in some cases, punitive damages.
The motorcycle accident attorneys at CaseyGerry are dedicated to helping clients navigate their way through the complexities of their cases, not just with top-notch legal support but also with compassion and understanding. With more than 70 years of experience, the firm knows how to identify the causes of a crash and protect our clients’ rights while they focus on recovery.
If you were injured or a family member was killed in a crash in California, we welcome you to contact the experienced motorcycle accident attorneys at CaseyGerry. Call (619) 238-1811 or fill out the form below to get started. We can discuss what happened to you, the next steps, and what you can expect.
Under California law, injured motorcyclists have two years from the date of the injury to file a lawsuit. For minors, that time frame starts on their 18th birthday. If the responsible party is a government entity, the victim only has six months to file a motorcycle accident lawsuit, regardless of whether he or she is a minor. It’s critical to protect your rights as soon as possible
Please note: Our firm also specifically offers information about electric bicycle crash laws and injuries in our bicycle accident section.