Motorcycle accidents almost always result in devastating injuries. Even if everyone survives, the motorcycle rider may suffer extensive nerve damage, scarring, disfigurement, broken bones, or brain trauma. Our motorcycle accident attorneys in San Diego are proud to help injured riders and their families fight for the compensation they need to pay for medical bills, lost income, and other damages.
Our goal will be to win the settlement you deserve as quickly as possible, but if the insurance company refuses to cooperate, we have the trial experience to represent you in court. No matter the potential value of your claim, we will devote the time, effort, and resources needed to pursue the best possible outcome. Call 1-800-GO-HARRIS today to set up a free case assessment.
Types of Motorcycle Accident Claims We Handle in San Diego:
- Accidents Between Motorcycles and Cars
- Accidents Between Motorcycles and Tractor-Trailers
- Accidents Between Motorcycles and Buses
- Accidents Between Motorcycles and Pedestrians
- Claims Against Government Entities
- Accidents Involving Defective Auto Parts
- Catastrophic Injury Motorcycle Accident Claims
- Alcohol-Related Motorcycle Accidents
- Wrongful Death Motorcycle Accident Claims
- Other Motorcycle Accident Cases
What Must Be Proven to Win My Motorcycle Accident Claim?
The answer to this question depends on the specific cause of your collision. Although most of these claims are filed on the basis of negligence, it’s possible for strict liability to apply in a motorcycle accident case—for example, if a defective auto part was the proximate cause of the crash.
If you intend to bring a negligence claim, your San Diego motorcycle accident lawyer will have to prove the following elements in order to win a settlement or verdict:
- The Defendant Owed You (or Your Deceased Loved One) a Duty of Care: There’s an implied duty of care that all motorists owe one another. Drivers must obey traffic laws, adjust their behavior to the road and weather conditions, and take other reasonable steps to prevent accidents. After a motorcycle crash, proving that a duty of care existed usually just requires demonstrating that the defendant was driving a vehicle and the claimant (or the claimant’s deceased loved one) was a driver or passenger in another vehicle at the time of the accident. Evidence to establish the duty of care may include the police report, eyewitness testimony, and statements from other people involved.
- The Defendant (or Their Employee) Breached the Duty of Care: A person is considered negligent when he or she breaches the duty of care owed to another person. In the context of a motorcycle accident, negligence usually takes the form of a traffic violation such as speeding, driving under the influence of drugs or alcohol, or making an illegal turn. It’s important to note, however, that a driver can be found negligent even if he or she didn’t break a traffic law; all that’s required is to demonstrate that the driver failed to exercise a level of care that a reasonable person would have exercised under the same circumstances. Also, an employer can sometimes be held vicariously liable for the negligence of an employee. That means if you were hit by a commercial truck or a government vehicle, it’s possible that the motor carrier or the government entity that employed the driver can be held liable for your damages.
- The Breach of the Duty of Care Was the Proximate Cause of the Accident: It’s entirely possible for a driver to break a traffic law, be involved in an accident, and later argue that their traffic violation did not contribute to the accident in any way. To win your case, it must be shown that the defendant’s breach of the duty of care was the proximate cause of the crash. Important evidence of causation may include the police report, photos of the scene, video footage of the crash, and testimony from eyewitnesses and expert witnesses.
- You Suffered Damages: Your motorcycle accident claim won’t be successful unless damages were incurred. In the state of California, personal injury victims can seek compensation for any economic and non-economic damages they suffer. And if the defendant acted with fraud, malice, or oppression, it may be possible to win a punitive award. Our San Diego motorcycle accident attorneys will account for all damages you may be owed.
Call 1-800-GO-HARRIS to Speak with a Motorcycle Accident Lawyer in San Diego
Insurance companies aren’t in the business of paying out claims unless they absolutely have to, and they’ll go to great lengths to reduce the value of any claim that comes their way. At Harris Personal Injury Lawyers, we can handle all dialogue with the insurer on your behalf and make sure you’re treated fairly.
Our motorcycle accident attorneys in San Diego are strategic negotiators and tough litigators who aren’t afraid to go to court if a settlement cannot be reached. To discuss your case in a free consultation, call 1-800-GO-HARRIS or send us a message online.