San Diego Motorcycle Accident Attorney
Have you been in a motorcycle accident? Are you suffering from a dislocated shoulder? Did you sustain a traumatic brain injury? Are you wondering how you are going to be able to go back to work? Are you worried about how you are going to pay your medical expenses?
The Levinson Law Group is a respected San Diego motorcycle accident law firm with extensive experience working with clients injured in accidents with cars. Unlike many other law firms in the area, we only handle car accident claims, which gives us unparalleled knowledge and experience of what goes into these cases. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs. To learn more about your options, give The Levinson Law Group a call.
Motorcycle Accident Statistics
San Diego motorcycle accidents are common and often result in serious injuries or death. Motorcycles do not provide the biker with many protections as a car does. Often, in an accident, the rider and any passengers can be ejected into oncoming traffic. According to the National Highway Transportation Safety Administration (NHTSA), 4,985 motorcyclists died in crashes nationwide in 2018,
Nationally the rate of motorcycle deaths is 28 times higher than crashes involving motor vehicles. In California, motorcycles of every type, such as cruisers, dirt bikes, dual-purpose bikes, touring bikes, sportbikes and standard bikes, are everywhere. As of 2019, there were 808,377 motorcycles registered in California.
Motorcycle accidents are frequent on I-5 and SR-78 in the hills of eastern North County and North County. California ranks in the top 15 of the 50 states in motorcycle fatalities.
Motorcycle Accident Causes
There are many reasons for motorcycle accidents in San Diego. They include:
- Speeding – Speeding is common on the roads and highways of San Diego. Going faster than the posted limit at any time but especially in poor weather or bad road conditions, can mean losing control of the vehicle.
- DUI/DWI – Driving under the influence of drugs or alcohol impairs driving skill and reaction time. Diminished motor skills of the driver can lead to a dangerous accident with another vehicle or a motorcyclist.
- Fatigued driving – Driving while tired is a detriment to operating a motor vehicle safely. While struggling to stay awake, the driver does not have the mental capacity to pay attention to others on the road or any potential hazards while driving. Responding quickly to an emergency is almost impossible while drowsy.
- Tailgating – When a motor vehicle drives too close to a motorcycle or another car, there is not enough room to stop if needed.
- Distracted driving – Driving while distracted is an activity taking your attention away from driving by texting, grooming, talking to passengers, picking something up off the floor, dealing with children or pets. During the day, approximately 660,000 drivers are using their cell phones or other electronic devices while behind the wheel.
- Ignoring traffic signs – Traffic signs and signals are meant to keep drivers, motorcyclists and others safe. Ignoring them is hazardous to everyone on the road.
- Road rage – Drivers tailgating, yelling, gesturing and honking are not focused on driving. Accidents can happen in the blink of an eye.
- Motorcycle recalls – Ideally, all parts on a motorcycle are factory-made and safe. This is not always true. There may be a recall due to a defective part that puts the biker at risk while on the road. Defective parts can also cause accidents.
Common Types of Motorcycle Accidents
The most common types of motorcycle accidents in San Diego include:
- Lane splitting – Riding between two lanes of traffic is dangerous. Drivers may change lanes suddenly and not see the motorcyclist.
- T-bone collisions – These occur when one car collides with the side of another vehicle, often sending it into another car or a motorcyclist. This may be due to a driver running a red light or driving while distracted.
- Head-on collisions – Most often, head-on crashes result in death for the motorcyclist. If either vehicle was speeding, it increases the force of the impact and can eject a biker from their motorcycle.
- Left-turn accidents – A driver is supposed to check around them for all other vehicles, including motorcyclists. Left-turn accidents are frequent. In left-turn accidents, typically, the motorcyclist hits the side of the car and can be ejected into on-coming traffic, the sidewalk or ditch.
- Rear-end accidents – There are usually two reasons for a rear-end crash: distracted driving and following too closely. Tailgating does not leave enough room for a car to stop if traffic slows down or halts.
Common Injuries in a San Diego Motorcycle Accidents
Motorcycle accident injuries are often severe and even deadly. If the motorcyclist and/or passenger survives an accident, recovery may take months or years. It may even mean coping with a permanent disability.
The most common injuries in motorcycle accidents can include:
- Soft tissue injuries
- Shoulder injuries
- Knee, hip injuries
- Neck injuries
- Broken bones
- Internal organ damage
- Back injuries
- Traumatic brain injury
- Road rash
- Spinal cord injuries
- Paralysis – monoplegia, quadriplegia, paraplegia, hemiplegia
Statute of Limitations for California Motorcycle Accidents
A statute of limitations refers to a deadline period within which you may file a lawsuit against the instigator. Failure to file within this period often results in dire consequences. In California, the statute of limitations for motorcycle accidents is set to two years from the day of the accident.
Recovery & Rehabilitation Following a Motorcycle Accident
Given the dangerous nature of motorcycle accidents, there needs to be an elaborate rehabilitative process to help return to full health. The recovery period can be hectic. Juggling doctor’s appointments, a lawsuit, lifestyle changes, and healing can put a lot of stress on your body and mind. Rest and physical therapy will go a long way in ensuring recovery.
Therapy sessions will help address psychological trauma manifesting as post-traumatic stress disorder (PTSD), anxiety, mood swings, trouble sleeping, loss of appetite, and fear. A professional legal team will go a long way in aiding financial recovery by ensuring you get full compensation for the loss suffered.
Recovery of Compensation After a Motorcycle Crash
Motorcycle passengers may seek redress for their injuries in a motorcycle accident from the motorcycle driver’s insurance company and/or the other driver’s insurance provider. Reparation is usually based on who was at fault for the crash. Should both the car driver and the motorcyclist be at fault, the passenger may be able to seek compensation from both insurance companies.
What an insurance company offers to pay usually depends on who was at fault for the crash. You may be able to collect restitution from both parties’ insurance companies if both drivers were at fault,
Dealing with insurance companies can be aggravating and time-consuming, as their primary goal in a claim is to reduce the amount paid out, if possible or deny it. Having legal representation can avoid the uncertainty of filing a claim, and having an experienced San Diego motorcycle accident attorney from The Levinson Law Group in your corner helps the case proceed.
Contact The Levinson Law Group Today
If you or a loved one were involved in a San Diego motorcycle accident, reach out to The Levinson Law Group attorneys right away. At The Levinson Law Group, our dedicated team of motorcycle accident lawyers is here to help.
If you have questions about the recovery process, we can answer them. If you are not sure you want to bring a case against the other driver, we will not pressure you. We only want to make sure that you are informed and make the best decision for yourself and your family.
When you decide to work with The Levinson Law Group, you can rest assured that you will have someone in your corner throughout the entire process. To learn more about your options, call The Levinson Law Group at 760-512-8088. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.