San Diego Motorcycle Accident Attorneys
The Bisnar Chase Motorcycle Accident Lawyers have been fighting for the rights of bike injury victims for over four decades. A motorcycle accident could occur within a fraction of a second and the resulting injuries and their effects may last a lifetime.
The Personal Injury Law Firm of Bisnar Chase have been successful in winning millions in compensation for bike crash victims in San Diego County.
If you have experienced losses due to a horrendous motorcycle collision, you have the right to hold the at-fault parties accountable for your significant losses.
Contact one of our motorcycle accident attorneys in San Diego, CA at 1-800-561-4887 for a free consultation.
Who is at Fault for a San Diego Motorcycle Accident?
If you were involved in a bike incident it is imperative that you do not speak to an insurance company right away. You may not understand what it is being asked of you or you may accidentally admit to something you did not do. It is best to gain knowledge of what steps you need to take after an accident from a legal expert. When you contact a legal expert you then will be informed of what to say and also on the process of filing a claim.
California law also follows what is known as a comparative fault. Comparative negligence or shared fault gives both parties an opportunity to file for compensation for the accident. The jury or judge will determine how much both parties will receive based on the evidence provided by your legal representative.
Important Evidence You Need to Support Your Claim
Evidence is critical when dealing with a personal injury case. Proof that your injury was caused by a negligent entity can determine liability and the amount of compensation you will receive.
Motorcycle accidents do occur despite precautions many bikers take. A number of motorcycle accidents occur as a result of driver negligence. If you are ever involved in a San Diego motorcycle accident, here are some steps to take to protect your legal rights and best interests:
- Check for injuries: If you or anyone else has sustained an injury, you must stay at the crash site and notify the authorities.
- Call the police: You may require emergency medical treatment and the police will take notes regarding who was involved in the crash. This police report can prove useful when you try to determine liability for the crash later. Make sure you get your account of the accident into the police report.
- Gather evidence: Photos of the crash site are useful when filing a claim as well. If you have a camera phone, photograph how the vehicles were positioned and the damage that the vehicles sustained. Take photos of your injuries and injuries suffered by others.
- Collect contact information: You'll want the name, address and insurance information for the other drivers involved in the crash. It is also helpful to have the name and number of anyone who witnessed the accident.
- See a doctor right away: Having medical records from the day of the accident can help you prove the date and time of your injury. It would also be in your best interest to get prompt medical attention because it will help you recover quickly and completely.
- Call an attorney: In injury accident cases, it is best to refrain from speaking with insurance companies or lawyers for other parties. Injured victims or their families would be well advised to contact an experienced San Diego personal injury lawyer who will fight hard to protect their rights and look out for their best interests.
Losses you Can Claim in a Motorcycle Accident Claim
Motorcycle accidents - even those that occur at a low speed -- have the potential to result in catastrophic or even fatal injuries. At times, these injuries can leave victims with life-long disabilities that will keep them from earning an income for them and their families. If you find yourself unable to provide for your family or are left with hefty medical bills you can gain recovery for your losses.
Types of losses that are commonly claimed in a San Diego motorcycle accident case:
- Medical expenses: Hospital bills are the most frequent damages claimed in personal injury lawsuits. Many who have been involved in a motorcycle accident think that insurance companies will pay for all the expenses it takes to recover from their devastating injuries. What you need to know though is that the sole task of the insurance company of the opposing party is to give you as little compensation as possible. Hire a motorcycle accident lawyer in San Diego to win you the financial compensation you deserve.
- Lost wages: If you have missed out on work for an extensive period of time due to your accident injuries, you are entitled to receive compensation. You can be compensated for wages that you have lost from overtime, your salary/hourly pay, bonuses or vacation/sick days. Many do not realize that there are two categories of lost wages: lost wages lost earn capacity. Lost wages are the wages that you have lost due to your accident and the lost earning capacity would refer to the income you will lose out on due to your inability to work in the future.
- Property damages: Your San Diego motorcycle accident attorney can win the recovery you need for the damages you have acquired after your crash. Damages you can earn in your settlement can possibly include expenses from towing your bike after an accident, rental auto expenses or personal property damages.
If you or someone you love has been harmed in a San Diego bike collision, it is important that you obtain more information about your legal rights and options from a qualified attorney experienced in representing bikers.
San Diego Motorcycle Crash Statistics
A motorcycle accident in San Diego, CA, unfortunately, is not uncommon.
According to the California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS), 24 people were killed and 997 were injured in San Diego County motorcycle accidents in the year 2010. During that same year, there were seven fatalities and 307 injuries reported as a result of motorcycle accidents within San Diego city limits.
In addition, it's five times more likely a motorcyclist will be injured in an accident according to the National Highway Traffic Safety Administration. Research has indicated that the number one way to protect your body in a bike crash is to wear a helmet.
In fact, the Insurance Institute for Highway Safety reported that "Helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries."
When you take preventive measures before a crash occurs you increase your chances of walking away with just a minor motorcycle accident injury.
Potential Causes for Bike Accidents
There are many factors that contribute to a motorcycle accident. Factors that can contribute to a motorcycle incident can be due to a car crashing into a cyclist head on, a car making a left-hand turn or the roads being slippery after rain fall.
What is usually the number one cause of motorcycle accidents are the riders themselves though. According to the National Highway Traffic Safety Administration, a majority of bike incidents were caused by a rider being inexperienced.
The motorcycle crash report states that "An estimated one-third of motorcycle operators killed in crashes are not licensed or are improperly licensed to operate a motorcycle.8 Being licensed to operate a car does not qualify a person to operate a motorcycle. By not obtaining a motorcycle operator's license, motorcyclists are bypassing the only method they and the state licensing agencies have to ensure they have the knowledge and skills needed to safely operate a motorcycle."
Common Bike Crash Injuries in San Diego
San Diego bike collision injuries do not only include the common car accident injuries which are traumatic brain injuries and broken bones. Due to the lack of protection a motorcycle provides an injury victim can experience more harm to the body than they would in a motor vehicle accident. Motorcycle accidents can leave cyclists without skin, teeth and even paralyze cyclist from the waist down.
Typical motorcycle crash injuries or physical impairments can include:
- Missing teeth: Federal law requires cyclists to wear a helmet while operating a motorcycle. If not a rider can face serious dental repercussions. A person who has been in an accident can suffer from chipped teeth, lose some of their teeth completely or the teeth can be dislodged. Dental work can be expensive and many accident victims do not have dental insurance. Seek legal representation from a motorcycle accident attorney in San Diego to win the compensation you need for dental reconstruction.
- Skin abrasions: One of the most common types of motorcycle collision injuries is road rash. Road rash occurs when parts of skin have been scraped off due to a cyclists skidding on the road. Road rash can appear as swelling of the skin, redness and streaks on the wound. The motorcyclist may even experience a heat-like sensation. You must seek medical attention immediately. If you do not seek medical attention right away you risk a serious skin infection.
- Open head wounds: Open head wounds are described as the skull breaking open and exposing the brain. The most typical open head ones are linear skull fractures. Linear skull fractures involve the cranium being cracked open and exposing the brain but there has not been any damage done to the brain itself. This does not mean that cyclists are clear of any side effects that could affect the brain though. If the brain has been opened or penetrated in the part of the brain which is in control of motor skills it can take years of rehabilitation to heal and slowly obtain those skills back again.
Preventing San Diego Motorcycle Accidents
There are no steel frames, air bags or safety belts protecting you when you ride a motorcycle. This is why it is important that all bikers obey traffic laws and wear a Department of Transportation approved helmet. Under California Vehicle Code Section 27803: "It is unlawful to operate a motorcycle, a motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet." You need a helmet that is an appropriate size for your head and one that does not limit your visibility.
According to the U.S. Centers for Disease Control and Prevention (CDC), helmets prevent 37 percent of crash deaths among motorcycle riders and 41 percent of crash deaths for motorcycle passengers. The CDC also reports that California's universal helmet law saved the state $394 million in the year 2010 when considering medical, productivity and other costs.
Helmets also reduce the incidence of traumatic brain injuries that are often the result of motorcycle accidents.
Motorcycle Safety Tips
Make sure you always ride at a speed that is within your control and that you adjust your speed relative to the roadway and traffic conditions.
It is also important to never assume that other drivers see you. If you ride within a driver's blind spot or pull up along a larger vehicle, you may go unnoticed. It is easy for a careless driver to change lanes or make a turn without even realizing that a biker is nearby. It is helpful to ensure that your motorcycle is properly maintained at all times. When a worn motorcycle part, such as tires or brakes, malfunction, it can cause your vehicle to veer out of control. Roadways with potholes and uneven surfaces can prove hazardous as well.
A Bike Crash Lawyer Will Fight for Your Rights
At Bisnar Chase, our top rated motorcycle accident lawyers have a long and successful track record of helping bikers and their families get fair and full compensation for their losses. Whether it is an at-fault driver, a governmental agency that failed to maintain its roadways or the manufacturer of a dangerous motorcycle or vehicle part, we go after the responsible party and hold them accountable. Please contact us at 949-203-3814 to obtain more information about pursuing your legal rights.