Motorcycle Accident San Diego: Steps To Take If You Aren’t At Fault
Motorcycle accidents can be traumatic, but knowing the right steps to take can help protect your rights and ensure a smoother resolution. If you find yourself in a motorcycle crash in San Diego where you are not at fault, act promptly and responsibly. This article will guide you through the necessary steps to take in such a situation.
Got involved in a motorcycle crash?
In 2021, SWITRS data from the California Highway Patrol, there were a total of 13,381 motorcycle crashes resulting in injuries and fatalities across the state. In the year 2020, California experienced 539 motorcycle accident fatalities.
These statistics highlight the importance of taking appropriate measures to ensure safety on the roads and the need for heightened awareness and precautions for both motorcyclists and other motorists. Efforts to promote motorcycle safety and educate the community about the risks involved are crucial in reducing the number of accidents and protecting lives in San Diego.
Motorcycle Accidents in San Diego
San Diego is known for its beautiful weather and stunning beaches. It is a popular destination for motorcycle riders due to its scenic landscape and roads. However, even when following safety precautions, motorcycle accidents can still happen unexpectedly on San Diego roads.
In San Diego County, there are more than 80,000 registered motorcycles sharing the road with nearly 3 million cars and trucks. Unfortunately, the annual average of fatalities in motorcycle accidents has risen to 134 and the number is still growing.
Motorcycle accidents can occur due to various factors, such as reckless driving, impaired driving, distracted driving, speeding, or unfavorable road conditions. Dangerous intersections and busy streets are the most common places where these kinds of accidents occur in San Diego:
- University Avenue and 1st Avenue. Hillcrest neighborhood is famous for its traffic congestion, the other factor for this dangerous intersection is the lack of adequate lighting.
- Valley Pkwy & Midway Avenue. The proximity to several schools makes this intersection in Escondido one of congested with heavy traffic that can lead to terrible accidents.
- Ulric Street and Linda Vista Road. One of the busiest streets in San Diego, Linda Vista road serves as a major local corridor from Kearny Mesa to Mission Valley and approximately 28,000 vehicles cross this intersection daily.
- C street and 4th Avenue. Near the state Route 54 and I-5 in Chula Vista, this intersection lacks of safety, specially during rush hour.
- Euclid Avenue and Federal Boulevard. Only at one block of an off-ramp for Highway 94, this intersection is one of the most dangerous in the city.
Comparative Fault Laws
In San Diego, California, comparative fault laws are in place, which means that even if you were partially at fault for the accident, you may still be eligible for compensation. Under the comparative fault laws, the court assigns a percentage of fault to each party based on their contribution to the accident, which means your compensation may be reduced based on your percentage of fault.
There are two main types of comparative fault laws:
Pure Comparative Fault
In California, the plaintiff can claim damages for the 1% they are not at fault, even if they are 99% at fault. The court determines the assigned fault and limits the amount of damages the plaintiff can collect based on this determination. For example, if a motorcycle rider is found 90% at fault for an accident and the damages are $100,000, the plaintiff can still recover the 10% not at fault ($10,000).
Modified Comparative Fault
Exist two types of modified comparative fault in California. The 50% bar rule and the 51% bar rule.
- Under the 50% bar rule, an injured party can recover damages only if their percentage of fault is equal to or less than 50%. If plaintiff is found to have more than the 50% of fault, is barred from recovering any compensation.
- Under the 51% bar rule, an injured party can recover damages only if their percentage of fault is equal to or less than 51%.
An attorney can help you understand how these laws may apply to your case versus the negligent driver.
How To File a Personal Injury Claim
Work with your attorney to file a personal injury claim against the negligent driver’s insurance company. Ensure that your claim includes all relevant information, such as medical expenses, property damage, lost wages, and pain and suffering.
The duration of the claim process varies depending on the complexity of the case, the willingness of the insurance company to negotiate, and other factors. Some cases can be resolved through settlements within a few months, while others may require litigation and take longer. Hence, knowing the statute of limitation in your area is a must.
In San Diego, the statute of limitations for personal injury claims is generally two years from the date of the accident. Your attorney will give you the specific deadlines that may apply to your case.
While it is possible to handle your claim without an attorney, it is highly recommended to consult with an experienced personal injury attorney. They will provide you appropriate legal options for your case, negotiate with insurance companies, and protect your rights.
Consult with a San Diego Motorcycle Accident Lawyer
Being involved in a motorcycle accident in San Diego when you are not at fault can be challenging. By following the steps outlined in this article, you can gather the necessary evidence, navigate the legal process more effectively, and protect your rights. Remember to consult with an experienced attorney to ensure you receive the compensation you deserve.
Throughout the entire claim process, prioritize your physical and emotional well-being. Follow your doctor’s recommendations for treatment, attend therapy sessions if necessary, and take the time to heal both physically and mentally.
At Motorcyclist Attorney, we take care of all the complicated paperwork and ensure that you receive the necessary medical care for your motorcycle-related injuries. Our primary goal is to help motorcycle accident victims recover maximum compensation.
We operate on a contingency fee basis, which means you don’t have to pay us anything unless we win your case.
Don’t hesitate! Call Motorcyclist Attorney today at (844) 284-9437 to schedule a free initial consultation. Our team is available 24/7 to assist you!