Motorcyclists in San Diego face a higher risk of serious injury in a crash. With limited physical protection, riders are vulnerable when drivers fail to yield, change lanes without checking blind spots, or make unsafe maneuvers.
After a motorcycle accident, you may need medical treatment, time away from work, and an insurance company that disputes fault or minimizes the extent of your injuries. Unfair assumptions about motorcyclists often complicate these claims, even when another driver caused the crash.
A San Diego motorcycle accident lawyer at Bonnici Law Group can assess your claim, investigate the cause of the crash, and communicate directly with insurance companies on your behalf. We understand the challenges involved in motorcycle accident claims and work to recover compensation for medical expenses, lost income, and other damages.
Contact Bonnici Law Group today for a free consultation to discuss your options.
At Bonnici Law Group, APC, your goals are our goals.
Table of contents
- How a San Diego Motorcycle Accident Lawyer Can Help Your Claim
- Common Causes of Motorcycle Crashes in San Diego County
- Overcoming Bias Against Injured San Diego Motorcyclists
- California Motorcycle Laws and Your Accident Claim
- Pursuing Full Compensation for Serious Motorcycle Injuries
- FAQs for a San Diego Motorcycle Accident Lawyer
- Motorcycle Accident Resources
- Speak With a San Diego Motorcycle Accident Lawyer Today
Key Takeaways About San Diego Motorcycle Accident Claims
- Motorcycle accident claims often involve a bias against the rider, with insurance companies and other parties unfairly assuming the motorcyclist was at fault.
- The injuries sustained in a motorcycle crash are frequently severe and may require a comprehensive valuation of future medical care and lost earning potential.
- California's comparative negligence laws allow you to seek compensation even if you are found partially at fault for the accident, though your recovery may be reduced.
- Preserving evidence, including your damaged gear and photos from the scene, is an important step in building a strong foundation for your injury claim.
How a San Diego Motorcycle Accident Lawyer Can Help Your Claim
After a serious motorcycle accident, your priority is medical care and recovery. At Bonnici Law Group, we take care of the paperwork, deadlines, and legal procedures involved in your claim.
You work directly with your attorney, not a case manager or assistant. A San Diego motorcycle accident lawyer understands the specific issues that commonly arise in these claims.
Our firm begins with a detailed investigation of the crash. Because motorcyclists are often presumed to be at fault, we focus on establishing the facts through objective evidence.
We take targeted steps to counter unfair bias against riders and clearly establish how the crash occurred.
- Reviewing the police report for inaccuracies, omissions, or unsupported conclusions.
- Identifying and interviewing any eyewitnesses to the collision who can provide a neutral perspective.
- Securing any available traffic camera, dashcam, or local business surveillance footage.
- Consulting with accident reconstruction specialists to analyze how the collision occurred and provide expert opinions about the crash.
As your San Diego motorcycle accident lawyer, we handle all communication with insurance adjusters, push back against tactics meant to minimize your claim, and build a case that reflects the full extent of your injuries and financial losses.
Common Causes of Motorcycle Crashes in San Diego County
Many motorcycle accidents are not caused by reckless riders but by inattentive drivers of passenger cars and trucks.
Drivers often fail to notice the smaller profile of a motorcycle, leading to unsafe lane changes, turns, or merges. This type of oversight—often referred to as inattentional blindness—frequently contributes to these crashes.
How Driver Negligence Leads to Motorcycle Accidents
Many collisions happen when drivers fail to uphold their duty of care to share the road safely with motorcyclists. Proving that the other driver's actions were negligent is the foundation of your personal injury claim.
A number of common driver errors lead to serious motorcycle crashes. An investigation often reveals that the at-fault driver was engaged in one of the following behaviors.
- Making an unsafe left turn in front of an oncoming motorcycle, misjudging its speed and distance.
- Failing to check blind spots before changing lanes or merging, a common cause of sideswipe accidents.
- Following a motorcycle too closely, or tailgating, which does not allow for a safe stopping distance.
- Driving while distracted by a phone, GPS, or other device, taking their eyes and mind off the road.
- Opening a car door into the path of a rider in traffic or alongside a parked car.
These actions can have severe consequences for a motorcyclist who has little to no physical protection in a crash.
Overcoming Bias Against Injured San Diego Motorcyclists
Injured riders often face assumptions that motorcyclists are reckless, even when the evidence shows otherwise. This bias can come from police officers at the scene, insurance adjusters handling the claim, and even potential jurors in a courtroom.
An experienced attorney knows how to confront and dismantle this prejudice with facts and evidence.
How Bias Against Motorcyclists Can Hurt Your Injury Claim
The assumption that the rider was at fault can negatively impact your claim from the very beginning. It may lead to an inaccurate police report that wrongly assigns blame to you or a lowball settlement offer from an insurance company looking to capitalize on this perception.
This bias can influence your claim at several points throughout the legal process, making it important to be ready to challenge these assumptions when they arise.
- Assuming the Rider Was Speeding. The other driver or their insurer might claim you were going too fast, even with no evidence to support it. An expert can often use physical evidence to refute these claims.
- Blaming the Rider for Lane Splitting. Even though lane splitting is legal in California when done safely and in compliance with traffic laws, it may still be cited by insurers or defendants in arguing that a rider shares some fault.
- Questioning the Rider's Experience. The defense may try to argue that you lacked the skill to handle your motorcycle properly, regardless of your actual experience level.
- Focusing on the Rider's Gear. The defense may try to shift focus to what you were or were not wearing, rather than on the negligent actions of their insured driver.
A San Diego motorcycle accident lawyer can use evidence like witness testimony and expert analysis to show that the other driver was the one who acted negligently.
California Motorcycle Laws and Your Accident Claim
California has specific motorcycle laws that can directly affect your accident claim. Insurance companies may try to use these laws to their advantage to shift blame onto you. A clear understanding of these rules is necessary.
Lane Splitting in California and Its Impact on a Claim
California is one of the few states where lane splitting (or lane sharing) is legally permitted. California Vehicle Code § 21658.1 defines it as riding a motorcycle between rows of stopped or moving vehicles in the same lane.
Lane splitting must be done in a manner that is safe and reasonable under traffic conditions. Insurance companies will often argue that a rider was lane splitting unsafely to assign them a percentage of fault under California's comparative negligence rules.
The California Helmet Law and Injury Claims
California law requires all motorcycle drivers and passengers to wear a safety helmet that meets the standards set by the U.S. Department of Transportation.
While wearing a helmet is legally required and a smart safety practice, not wearing one does not prevent you from filing a claim. However, if you suffered a head injury, the defense is likely to argue that not wearing a helmet contributed to the severity of any head injuries you suffered.
A motorcycle accident lawyer can protect you from having these laws used against you unfairly. Your attorney can argue that the other driver's negligence was the primary cause of the accident, regardless of these other factors.
The defense will examine your own actions and equipment in a claim. We can prepare you for these arguments.
- Maintaining your motorcycle in safe working condition.
- Wearing appropriate and visible protective gear.
- Riding defensively and obeying all traffic laws.
- Having a valid M1 license endorsement.
These factors can help bolster your case and counter the defense's attempts to shift blame.
Pursuing Full Compensation for Serious Motorcycle Injuries
Because motorcyclists lack the protection of a passenger vehicle, injuries are often severe and long-lasting. A well‑documented injury claim should account for not only the immediate medical bills but also the long‑term consequences of the injuries. This requires a comprehensive approach to valuing your claim.
A complete personal injury claim must include a detailed accounting of all your losses. This involves gathering extensive documentation and, in some cases, working with medical and financial experts.
- All current and future medical expenses. This includes costs for emergency care, surgeries, physical therapy, medication, and any necessary long-term care or home modifications.
- Lost wages and loss of future earning capacity. This covers the income you have lost while recovering and any reduction in your ability to earn a living in the future due to permanent injury.
- Property damage. This includes the cost to repair or replace your motorcycle and any damaged riding gear like your helmet, jacket, and boots.
- Non-economic damages. This category compensates you for physical pain, suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life.
Because serious motorcycle injuries can require ongoing care, a comprehensive valuation of damages is an important part of many motorcycle accident claims.
FAQs for a San Diego Motorcycle Accident Lawyer
What if I was partially at fault for my motorcycle accident?
Under California's pure comparative negligence rule, you can still recover damages even if you were partially at fault. Your total compensation award will be reduced by your percentage of fault.
Do I need to hire a lawyer if the other driver’s insurance company already made me an offer?
It is advisable to speak with an attorney before accepting any settlement offer. Initial offers from insurance companies are often far lower than the actual value of the claim and may not account for your future medical needs or lost income. An attorney can help you evaluate the potential value of your claim and identify all categories of damages that may be available.
What if the driver who hit me was uninsured or fled the scene?
If you were hit by an uninsured driver or a driver who left the scene, you may still have options. California requires insurers to offer Uninsured/Underinsured Motorist (UM/UIM) coverage, which can apply when the at-fault driver has no insurance, not enough coverage, or cannot be identified. If you carry UM/UIM coverage, it may help pay for medical bills, lost income, and other damages related to the crash, even when the other driver cannot be held directly responsible.
How is a motorcycle accident claim different from a car accident claim?
Motorcycle claims are different due to the severity of the injuries and the inherent bias against riders. These cases often require a more detailed investigation to overcome prejudice and a more thorough valuation of damages to account for catastrophic injuries and long-term care needs.
How much does a San Diego motorcycle accident lawyer cost?
Personal injury lawyers typically work on a contingency fee basis. This means you do not pay any upfront legal fees. The attorney's fee is a percentage of the compensation they recover for you, and it is only paid if you win your case through a settlement or a court verdict.
What is the deadline for filing a motorcycle accident claim in San Diego?
In California, you typically have two years from the date of the motorcycle accident to file a personal injury lawsuit. This legal deadline is called the Statute of Limitations. If you fail to file your claim within this period, a court may bar you from recovering compensation, regardless of how strong your case is.
Certain circumstances, such as a claim against a government entity, have a much shorter deadline, sometimes as little as six months.
Speak with a lawyer promptly after a crash to meet all applicable deadlines.
Motorcycle Accident Resources
Speak With a San Diego Motorcycle Accident Lawyer Today
After a motorcycle crash, you may feel like the odds are stacked against you. You may be recovering from serious injuries while an insurance company attempts to shift blame. You do not have to face this challenge by yourself. Having a strong legal advocate on your side can help balance the scales.
A dedicated San Diego motorcycle accident lawyer can handle the procedural burdens of your case and advocate on your behalf. Contact Bonnici Law Group for a free, no-obligation consultation to discuss your case and learn how we can help you on the road to recovery.