An exhilarating ride on your motorcycle can come to an abrupt halt when a careless driver slams into you. But your life and your financial wellbeing shouldn’t have to stop, too; let a San Diego motorcycle accident attorney help you get your life back.
You’re enjoying the breeze while riding your motorcycle in San Diego; you’re obeying all the traffic laws; and, out of nowhere, another driver crashes into you.
As a motorcycle rider, this is likely your nightmare scenario. If it’s already happened to you, you know how physically, emotionally, and financially damaging a motorcycle crash can be.
While your short-term outlook may seem bleak, remember that California law lets victims of motorcycle collisions collect compensation for their injuries if the accident that injured them wasn’t their fault.
To give your claim the best possible chance of success, team up with a San Diego motorcycle accident lawyer at The Kindley Firm, APC. We understand motorcycle accident injury law, and we know how to get you the compensation you need.
Although most motorcycle riders drive safely and obey traffic laws, there is an unfortunate stereotype that suggests that bikers are aggressive and careless motorists. Insurance companies are aware of these stereotypes, and they don’t hesitate to try to use them to their advantage.
Because insurance companies are for-profit businesses, they’re almost always looking to protect their bottom line. That usually means they’re looking for ways to reduce the compensation they give to you after your motorcycle crash.
One way insurers may try to do that is by painting you as the reckless motorcyclist so some of the blame is on you. Luckily, your San Diego motorcycle collision attorney is aware of these tactics and knows how to fight them.
In California, the party responsible for your crash has every reason to try to pin some of the blame on you. That’s because the state follows the doctrine of comparative fault, which means responsibility for an injury can be shared among multiple parties.
If the insurance company or negligent driver is able to put even a little bit of the responsibility for your motorcycle crash on you, you will lose some of the compensation awarded to you.
For example, if you are found 10 percent responsible for your collision because you were going a few miles an hour over the speed limit when a truck driver sideswiped you, you would only receive 90 percent of your compensation.
This means it’s almost a guarantee that the other party and his or her insurance company will try to implicate you in some manner, and it highlights your need for a competent San Diego motorcycle crash lawyer.
There are a number of ways to determine which parties are responsible for a San Diego motorcycle accident. Usually, it comes down to one party engaging in negligent behavior.
Examples of negligent behaviors that can cause motorcycle accidents include the following:
You can also name third parties in your claim if they contributed to the collision in some manner.
For example, if San Diego road safety authorities neglected to fill in the potholes on a particular road, and those potholes caused your motorcycle crash, you could name the responsible entity in your claim. Another example may be a third driver who swerved or stopped suddenly, causing the defendant’s car to react and then collide with your motorcycle.
A motorcycle accident can affect your physical, emotional, and financial wellbeing for years. It’s important that your claim accounts for all of those negative effects.
You may want to seek the following damages:
The statute of limitations for personal injury claims in California is two years. This means you must file your claim within two years of the accident, with certain exceptions.
The sooner you enlist the help of a San Diego motorcycle accident injury attorney, the better.
Because they don’t have the external protections of other vehicles, motorcycles are especially prone to accidents that cause serious injuries for riders.
The following are some common motorcycle crash injuries:
You may very well find that a number of these injuries apply to your claim.
If you were hurt in a motorcycle accident because someone else acted negligently, the other circumstances of your case don’t matter; you simply deserve compensation. To get that compensation, you’re going to need the help of an experienced legal team.
A San Diego motorcycle accident lawyer from The Kindley Firm, APC, can guide you through the entire process and fight aggressively to make sure you get the best possible outcome. Reach out by calling 619-550-1313 or heading to the bottom of this page to fill out our online contact form and schedule your free consultation.
Pursuing compensation after a motorcycle accident is complicated, so it’s no surprise that many victims have questions. We’re here to help. Below, we’ve answered a few common questions about San Diego motorcycle accident injury claims.
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.
Motorcycle accident injuries are often obvious directly after a crash, but some internal injuries can take months or even years to manifest. If you discover such an injury after your San Diego motorcycle crash, you will have one year from the date you discovered it to file your personal injury 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.