Have you come here on this page searching for the best motorcycle accident attorney in San Diego? There are plenty of accident attorneys available with decent experience in handling motorcycle-related accident cases. But a very few of them would help you and won’t cheat you in exchange for benefit from the insurance company.
Before anything else, we must disclose that we don’t take any commissions from attorneys for referring them. We only review lawyers from experiences.
I’m just a motorcyclist and involved in different biking communities. I have previously gone through a motorcycle crash in San Diego. My experience allowed me to know a little bit of the tactical laws of California.
All the information on this page is from state officials’ reliable sources, and I always try my best to help my readers. That’s all.
You actually won’t need an attorney for all types of accidents. Although law firms and consultancy businesses can’t profit, they refer to a law firm or attorney to earn a referral commission.
I’ll explain the everyday reality of motorcycle accident attorneys and whether you should hire an attorney in San Diego in detail.
Don’t go anywhere and keep on studying the crucial facts.
What is the reality of Motorcycle accident attorneys in San Diego?
One of my friends, Lahcondria Hall, has gone through a motorcycle accident in San Diego. He hired a famous lawyer after that occurrence.
Unfortunately, he didn’t get insurance for his medical bill and other motorcycle accident-related expenditures, although he was eligible.
Later, he investigated the matter and found out that the insurance provider had offered the lawyer to not fight for the case but pretend. In exchange, he would get money under the table for it.
The dishonest attorney behaved like nothing he could do to get the insurance in his case.
But in reality, he got himself facilities in exchange for cheating his client.
In this way, both the insurance adjuster and attorney negotiate between themselves and work for their interest, leaving the innocent and damaged insurance seeker along.
That’s why don’t just search for attorneys for your motorcycle accident claims. Even though most of the pages online advises hiring an accident attorney, it’s because they get a commission from the attorney.
Whether you should hire an attorney — entirely depends on your circumstances. And I’m going to explain these circumstances further below.
When don’t you need a motorcycle accident attorney in San Diego?
A law firm website or attorney page will typically try to convince you that you need them, saying they will get you several digits in settlement even if you don’t need them.
But actually, you may need an attorney in some instances. No attorney can’t guarantee the winning chance of your case regardless of how critical it is.
Unless you have significant injuries and huge losses related to the accident, you won’t be eligible for a claim.
Despite some random person can suddenly show up at your home claiming to be a law representative and urge you to have them try to get your insurance.
Be aware, and don’t fall into their trap! Also, it’s very unprofessional and unethical.
You’ll only think about hiring a lawyer if you hit someone and the injured party filed a case against you. And in case of getting insurance, send a notice to the insurance adjuster and seek compensation at first.
Don’t just let an attorney perform all the formalities.
If the adjuster directly denies your insurance, claiming you to be a reckless driver or suspects you, let the police know about this matter.
If things don’t change, you might get yourself consultancy at first. Then, go for an attorney according to necessity.
Most importantly, if you think you have reliable evidence proving you were at no fault for causing the accident and you can represent the matter in court; Why not just handle the case on your own?
In normal accidents like hitting a tree, minor personal injuries, or other errors, you don’t require someone expert at the state laws or fighting the opposite party.
When do you need a motorcycle accident attorney?
Although I have discussed the cases where you can handle the case without an attorney, this is primary. There are more parts remaining for the bigger picture.
But major accidents where the injured party has filed a lawsuit against you. You’re not being able to represent the case or get your insurance.
In these sorts of cases, you will need a motorcycle accident attorney to help maximize your insurance.
Some accidents cause medical, vehicle, loss of wages, time, and other accident-related losses. You can’t overcome every claim on your own.
An attorney is an expert in laws at both state and local levels. There might be different laws in different cases. Above all, an attorney helps you prove straightforward and gather evidence accordingly.
Moreover, there are different cases where you get basic, half, and total compensation according to your degree of fault; proving these degrees is a challenging experience. An attorney is a skilled expert at these things.
But as I have said earlier, a dishonest attorney can negotiate with the insurance company and work for their self-interest. In this way, you will get no compensation or no benefit at all.
So for you, the challenge when assigning an attorney is choosing an attorney! You want an attorney who will work on your behalf for your interest, insurance, lawsuit, and other tactical matters.
Let’s dive into the below topic.
How to choose a Motorcycle accident attorney among thousands in San Diego?
Choosing an attorney is a more complex job. Therefore, making a plan and keeping certain things in mind is crucial. Every attorney will claim to be an expert. But you must be innovative and check some significant factors into a Motorcycle accident attorney in San Diego.
Check out our study below regarding what questions should you ask to your accident attorney:
And how would you know that a lawyer is good enough to handle your case and won’t possibly cheat you? Choosing an attorney will depend on the following factors:
Check the experience of the attorney.
An attorney’s experience is a valuable asset. Try to check their history of past cases and see how they worked before. For instance, a personal injury attorney has many years of experience but has won very few cases. You should hire him according to your level of accident.
Yes, because these law officials cost low and allow you to have someone represent you. If the accident you have gone through is medium and doesn’t require many legal steps or procedures, hiring an average attorney is sufficient.
Hiring an accident lawyer alerts the insurance carrier that you’re serious about your injury and damages. Therefore, they take your matter with extra care.
But for significant accidents and greater losses, it’s more about proving yourself in front of the court. Then, an experienced enough attorney with a 70%-90% positive rating or won cases will be a good choice.
Make sure the attorney is an expert at motorcycle accident settlements specifically.
Motorcycle crashes are different from other vehicle crashes. The nature of a motorcycle is super sensitive to injuries and comparatively higher losses due to the lack of the metal protector surrounding a car.
That is why an insurance company often tags the motorcyclist involved in the accident as reckless.
So, having sufficient knowledge and experience for the attorney for dealing with such issues is a must. Seek to find an attorney knowledgeable about the different types of motorbikes.
Keeping knowledge of various types of motorcycles will help an attorney explain why the accident has happened accurately. And if any counter-question comes regarding the parts of the bike, the lawyer can explain the matter.
Also, try hiring an injury attorney who has experience handling cases on the same road before. For instance, SR-76, I5, and SR-78 are popular places to occur motorcycle accidents each year.
Take a look at some motorcycle crash settlement examples.
Should you rely on a law firm or individual attorney?
Law firms exist to help you with multi-tasking. There are different tasks when claiming insurance or fighting against the opposite party. These tasks include court appearances, negotiating with the adjuster, client meetings, participating in the conference, gathering proofs, etc.
Most importantly, a lawyer won’t just always be stuck with your case; he has other works to do.
Law firms consist of multiple lawyers. 2 is always stronger than 1. But you don’t need to go to law firms in all cases.
If you think the accident you have gone through is still not severe and won’t require much hassle. For instance, you unknowingly hit a tree, got a little injured, and became eligible for an insurance claim. Then, you won’t probably need to go to a law firm; an individual attorney can quickly get you to a conclusion.
But for bigger pictures, you have gone through a massive accident. The person you hit has died, and there are many more legal complications coming; in these types of cases, handling the matter as a group is far better. Therefore, getting consultancy from a law firm would be better.
We have gathered valuable Motorcycle accident facts and statistics in San Diego, CA.
- More than 80% of accidents related to a motorcycle are fatal. In most cases, drivers or passengers get serious injuries.
- Somewhere between 33% to 38% of motorcycle crash happens due to negligent drivers. Passenger cars or other vehicles suddenly turn into the path of a motorcycle.
- According to a report, in 40% of motorcycle accident cases, the driver drives under drug influence. Remember, even the best motorcycle accident attorney in San Diego can’t help you in these types of cases.
- Head injury is one of the reasons why a majority of accident victims die. Unfortunately, many bikers don’t wear certified and sufficiently secured helmets in San Diego.
- Due to the fact above, where very riders wear certified helmets, motorcycle helmets can prevent the most common injuries only by 29%
- California court respects and values a rider with a helmet by approximately 40% more than a rider without a helmet. This one is an estimate provided by an expert lawyer.
- Motorcyclist deaths in Kansas rose by 61% after the year of motorcycle helmets getting repealed by the law.
The hazards motorcycle riders usually face in San Diego.
A study says that motorcycle accident fatalities dropped to 9.4% in 2019 than the previous year in California. But a constantly growing state like San Diego is still at risk for motorcycle accidents.
What are the hazards and obstacles of sand Diego that cause an accident the most? — we will be discussing this topic below. We will also explain the accident cases where an insurance claim is eligible.
Sensitive roads and traffic errors
Certain roads are always prone to fatal accidents if not taken seriously. Reckless drivers disregard the sudden curves damaged road parts, and some riders frequently race on those roads. Such roads include SR-76, known for many fatal accidents each year, as are I-5 and SR-78. Here are some more critical accident-prone roads in San Diego.
Dangerous roads increase the risk rate of accidents for multiple reasons. Some streets are naturally prone to accidents. These roads get damaged again after being repaired because of their puffiness.
Also, some roads may have significant traffic or poor visibility at certain times. Motorcycles already occupy a tiny portion of the road, which may cause vehicle drivers harder to notice.
Negligent passenger vehicle drivers
As a big city, San Diego has a significant number of people in its heart. Therefore, the roads are always busy, especially during office hours. Sadly, a majority of motorcycle accidents happen with passenger vehicle drivers.
Because, in big cities, drivers pay less attention to the nearby motorcycle. San Diego has relatively heavy and prolonged traffic during the day, especially in the rush hours.
Drivers become annoyed by the long traffic, and they get to navigate through the traffic as quickly as possible. As a result, the relatively giant birds may fail to notice the bird-sized motorcycle and hit them.
In this case, the passenger driver is apparently at fault. If the biker claims compensation with evidence, the passenger driver will be obliged to pay according to his degree of responsibility.
Lane splitting for motorcycles
Lane splitting means traveling in between the two lanes of traffic. Only motorcycles have the best opportunities to do so. Other vehicle drivers may not like to see a tiny vehicle passing them by due to being frozen at a place for hours in traffic. Is that why other vehicle drivers curse motorcycle riders?
However, you may already know that lane splitting is officially legal in only one state, California. Yes, a lane splitter is a fantastic way of avoiding annoying traffic jams.
But it has plenty of worse records. The lane splitter places the motorcycle in an area where other drivers don’t necessarily expect a bike to come suddenly. That’s why the chance of a sudden accident is higher in a lane splitter.
And it’s often seen in movies and random clips where the motorcycle passes by the lane splitter like a hero. But in reality, many accidents are occurring because of this behavior.
Motorcycle accident rates in San Diego
San Diego County has plenty of motorcycle accidents records across the states of California.
According to a recent study, the California highway patrol reported that almost 1500 people got injured in San Diego within only a single year.
Moreover, when it comes to California, almost 17% of deaths were reported due to motorcycle accidents, whereas only 3% of vehicle registered owners rode motorcycles.
The matter of concern is the percentage of motorcycle accident injuries are way higher than other accident victims.
The last reported year on file shows that 519 people died due to motorcycle accidents. The rate of fatal accidents, including other vehicles, is rising daily.
The weather hazards for motorcyclists
The weather is typically extremely mild in San Diego. Most of the time, you won’t face sudden rainfall, black sky, or sudden changes at all. It sounds worth it for extraordinary picturesque journeys or hangouts.
But when rain does fall, the roads become super slick in just a matter of moments. The dry roads absorb sudden water very quickly. Over time, oil drips in the streets due to the moving cars. It makes the surface even slicker.
The rain we typically face in San Diego is light, and it doesn’t prevent the oil from staying on the surface. That is why the roads can stay slicker for a more extended period. If heavy rainfall occurs, the water can wash off the oils easily, but hard rain is another hazard on the road to drive with ease.
But most of the drivers outside San Diego are not very familiar with this weather. Therefore, a genuinely reckless driver can be dangerous for the road and the vehicles around.
Motorcycles are significantly more sensitive to slicker roads due to their two-wheeler nature. That’s why if it gets proved that a motorcycle rider had an accident while being even a little reckless, the insurance adjuster will take this as serious evidence against the motorcyclist when claiming insurance.
What laws are there for drivers’ and passengers’ rights in California?
All types of vehicles are equal in the eye of the court. The same principle of law treats a motorcycle as treated other cars. The law never judges a victim or defendant by appearances; there is no chance for the court to distinguish an accident case on behalf of someone.
California motorcycle accident law clarifies: “A motorcycle is a motor vehicle.” (Chong v. California State Automobile Association (1996) 48 Cal. App.4th 285.)
Moreover, Some new driving laws are applied in 2021 in California. Take a look at these laws below.
Reporters have found that motorcycle riders face more complexities in getting insurance than other vehicle drivers. Even though the state sees both accidents equally, there are some fundamental reasons why motorcycle riders face more problems.
Let’s point them out below (I have collected these facts from the accident attorney who fought for me on my case regarding my past motorcycle accident):
- The typical behavior of a motorcycle rider (A research shows motorcycles behave more inappropriately on highways and streets.)
- The motorcycle is a more sensitive transport than other vehicles.
- It gives less protection to the rider.
That is why the insurance providers try finding evidence to deny your case according to the above facts. A Motorcycle accident attorney in San Diego said that, above all, still, California law disregards all the above points and sees a motorcycle just as another type of vehicle.
Lane splitting law of California
It’s not forbidden for motorcycle riders to pass other vehicles driving in the same lane and dame direction. It is what we call lane splitting. Lane splitting in CA doesn’t cause most accidents. Often, All drivers don’t stay aware and don’t expect a motorcycle to appear in the middle all of a sudden.
The artificially created lane between the two streets of the vehicle is slender. Sometimes, a slight movement of another vehicle close by can result in a dangerous accident of the motorcycle passing by due to contact.
The drivers must control their speed and movement to avoid accidents, and motorcycle riders must follow the same.
And if a driver somehow fails to use reasonable care in driving a vehicle — it’s negligent driving. In this way, people driving cars may unknowingly ignore other motorcycle riders, resulting in a tragic accident.
However, if the negligent driver is the main reason for the accident, it becomes significant to file a case against the driver and prove his fault.
The court obliges the negligent driver to compensate the injured party with sufficient expenditures. And to perform all the necessary activities and take legal steps, a lawyer can be your only assistant.
Otherwise, without a lawyer, it is seen that the motorcycle rider gets blamed many times. Subsequently, the rider receives low settlement offers from the opposite party because they say the motorcycle rider is liable for the accident.
No motorcycle rider should fear in this case and take legal steps through a lawyer as soon as possible. An innocent motorcyclist must be confident of his actions.
What if active military or veterans are involved in a motorcycle accident?
Active military personnel or service members have the right to bring a case when injured and involved in a motorcycle accident.
Under federal law, the service member relief act allows service members to have extra time to seek a claim while being on active duty. For military personnel, The Californian courts exempt them from the statutes of limitation.
When a person is in service, “the statutes of limitation is lifted off concerning the duration of service” (Sizemore v. County of Sacramento (1976) 55 Cal. App. 3d 517, 523.)
If you’re one of the communities of service members or military personnel; and injured in a motorcycle accident, you have the right to bring your case to court even if you can’t take steps right away.
Conclusion
An attorney will help you get to the best solution for such fatal accidents. Therefore, carefully select a decent and experienced attorney. If you think you need a consultancy for absolutely no fees, get in touch with us, and we will reach out to you promptly.
Thanks for reading this article. Stay tuned!