motorcycle accident lawyer

Motorcycle Lawyers

As a rider injured in a motorcycle accident, you will face unique challenges in the legal system.  Riders are prejudged by the unfair biases and negative perceptions of society, including the misconceptions of lawyers who don’t ride.  People who don’t ride (including lawyers who don’t ride) can be quick to jump to the mistaken conclusion that it’s the rider’s fault.  This is largely attributable to society’s misconceptions about motorcyclists. But as any rider certainly knows, most collisions are caused by drivers.  In fact, we as motorcyclists have gone to extraordinary lengths to avoid the accident.  People who have not been on a bike will never understand this.  They have not seen first-hand what we see on a daily basis.  Put them on a bike for one day and they would see how cars are constantly cutting us off, pulling out in front of us, and violating our right of way. Our managing attorney, Mark, is an avid rider and is keenly aware of the issues confronted by motorcyclists.   “Drivers just don’t see us; they cut us off all the time.  Yet we are the first to be blamed when a crash happens.”  The truth is: a motorcycle crash is usually the driver’s fault because he or she did not see the rider.  Only an attorney who is a motorcyclist will understand these issues encountered by riders and be able to effectively represent you.  We ride.  We know the law.  We are aggressive motorcycle lawyers who fight to protect the rights of riders.  We know how to win your motorcycle accident case.

Vehicle collisions with motorcycles can frequently result in severe head trauma, broken bones, damaged vital organs, and other critical or life threatening injuries.   The most important thing to us is your health.  Our attorneys will make sure you receive the proper medical care that you need, and, equally important, they will give you the peace of mind that your hospital bills will be paid.  You have enough to deal with on the road to physical recovery.  We will protect your legal rights and aggressively fight to recover appropriate compensation for your injuries and loss of earning capacity so that you can focus all of your energy on getting well.  Insurance companies are notorious for doing everything they can to deny you the treatment and compensation you are entitled to.  We are prepared for that and expect it.   Our motorcycle accident attorney, himself an rider, has earned a reputation for fighting hard to protect the rights of motorcyclists.  With a dedicated attorney on your side, you’ll have the assurance that your legal rights are being protected to the fullest extent possible, while you focus your efforts on physical rehabilitation.

How a San Diego Motorcycle Lawyer Will Protect Your Legal Rights

After a motorcycle crash, there are certain legal steps you must take to protect your important legal rights.  You must submit a legal demand to the party who caused your injuries, or, more typically, submit a demand to the party’s insurer.  In some cases, if the party who was at fault does not have insurance, you may need to submit a claim to your insurance company.  If your claim is not submitted within the appropriate time frame, or if it is not submitted in the correct form, insurance companies are sure to reject the claim.   Unless your claim is settled on favorable terms acceptable to you, your San Diego motorcycle lawyer will need to file a lawsuit against both the party who caused your injuries and any insurance companies.  Otherwise, your claim may be barred due to the running of the statute of limitations.  It is especially important to interview witnesses and police officers immediately after a street bike crash.  Over time, memories fade, and critical information that could help your case may be forgotten.

Legal Demand to Insurance Companies

Insurance companies are run by a set of guidelines and procedures that, unfortunately, seem to be structured in a way in which adjusters often use every possible excuse to deny your claim.  In such a hostile environment, it is imperative that your motorcycle accident attorney submits your claim in the correct manner. If the person who caused the motorcycle crash is not insured, then your motorcycle attorney will need to file a claim with your own insurance company.  If such claim is not timely filed, then your insurance company may deny your claim based on your insurance policy terms and conditions.  It is therefore imperative that your motorcycle accident attorney makes an immediate determination as to insurance coverage and whether it is necessary to file a claim with your own insurance company

Lawsuit for Claimed Injuries

Depending on the length of your treatment plan and physical rehabilitation, you will need to timely file a lawsuit in Court in order to protect your legal rights.  In California, you have a set number of months to file a lawsuit.  This is called the Statute of Limitations. After that, you forever lose your right to file a lawsuit for damages for personal injuries.  Once you forfeit your right to file a lawsuit, then there is no incentive for an insurance company to pay you anything.  Insurance companies know this rule, and sometimes attempt to drag out a claim until the Statute of Limitations expires.  Our San Diego motorcycle crash attorneys always file lawsuits before the Statute of Limitations expires, in order to protect your legal rights.  Insurance companies know that we are serious, and they know that they need to pay your claim or else they will have to defend a lawsuit against our aggressive street bike lawyers.  This usually encourages them to offer you a very favorable settlement on terms that are acceptable to you and your motorcycle attorney.

Head and Brain Injuries

Head injuries are unfortunately very common when one is involved in a motorcycle accident.  You may have the best helmet that money can buy, but when your head crashes into another vehicle or into the pavement at high speed, there is only so much a motorcycle helmet can do to protect you.  A helmet may save your life, but you may still suffer serious head injures and brain trauma.  A San Diego brain injury lawyer can hold accountable the negligent parties or careless driver that caused an accident leading to your head trauma or brain injury.

Interviewing Witnesses and Police

It is unfortunate, but very real, that many people have the misguided and biased mentality that motorcycle riders are always heedless and invariably are the cause of any motorcycle accident.  People in San Diego see motorcycle riders passing vehicles in between lanes and assume it is reckless riding.  They don’t understand, or are unfamiliar with, the rules of the road applicable to motorcycle riders.  Therefore, witnesses are often biased against motorcycle riders, and will recount the details of an accident in such a way that places the blame on the motorcycle rider.  Police officers, unless they are motorcycle officers, will often fall victim to the same line of erroneous thinking.  Our motorcycle lawyers will be able to spot such biased witnesses statements and police officer statements in police reports immediately after an accident.  If a police report appears to be unfairly biased against a rider, our motorcycle accident attorneys will interview witnesses and police officers while the events of the accident are still fresh in their minds.  Prompt interviews, and the information and statements that can be obtained therefrom, can often be critical in presenting your motorcycle accident claim to insurance companies or your motorcycle crash case in a Court of Law.

Motorcycle Helmet Law

The motorcycle helmet law in California requires all motorcycle riders to wear a standard Department of Transportation (DOT) approved helmet at all times.  Whether you or your family member who is injured in a motorcycle accident was wearing a DOT approved safety helmet at the time of a motorcycle accident may significantly affect your personal injury claim and ability to recovery and hold accountable the person who caused your injuries.  This is because under the rule of comparative fault, the person who caused the accident may claim that your injuries were partly due to your negligence or carelessness in not wearing a helmet.  And if you were not wearing a helmet it will be difficult to argue that you were being careful because a careful person would follow the law and wear a motorcycle helmet.  As to injuries to parts of your body other than your head and neck, whether or not you were wearing a helmet would be irrelevant because the only type of injury that you could have partly caused by not wearing a helmet would be a head or neck injury.

What If a Family Member Was Killed in a Motorcycle Accident?

If a family member was killed in a motorcycle accident, you may be entitled to assert legal rights to compensation for the wrongful death of your loved one.  With the help of an experienced motorcycle crash attorney San Diego, you can recover monetary damages, including for loss of income and loss of companionship.  Your family can also recovery damages for the pain and suffering that you have suffered, but not for the pain and suffering experienced by your loved one between the time of injury and the time of passing. Your wrongful death attorney can also recovery burial costs for your love one, which can often be a significant cost that puts a financial strain on your family.  Also, you can obtain payment of medical bills that were incurred by your loved one prior to his or her passing.

Call Us Now For Help

Contact Injury Law Group now for help and speak to a motorcycle accident attorney who is also a rider and truly understands and believes in you.  We are dedicated motorcycle lawyers who will fight for your rights, and there is no fee until we win your case and obtain money for you.  We’ll make sure that you receive the medical treatment you need and the financial compensation you are entitled to under the law.  Let an aggressive motorcycle lawyer at Injury Law Group protect your legal rights, while you focus on recovery from your injuries.  Call us now at 619-255-3900.