Motorcycle Accident San Diego
A motorcyclist who
is involved in an accident is three times more likely to be
injured and fourteen times more likely to be killed than someone
in an accident involving two cars. According to the National
Highway Traffic Safety Administration, approximately 75% of all
motorcycle accidents involve another motor vehicle, and the
motorcyclist is injured in 98% of the collisions. When there is no
other car involved, cyclists are injured 96% of the time. Of all
motorcycle accident injuries, only 45% were deemed to be minor.
Motorcycle accidents
can cause catastrophic injuries including spinal cord injuries,
severe brain injuries, and even wrongful death.
Causes of Motorcycle Accidents
The vast majority of
motorcycle accidents in are not the biker's fault. In fact, the
fault lies with the other driver nearly 80% of the time.
The most common
cause of motorcycle accidents is the failure of drivers to see
motorcycles in traffic. It is far from uncommon for the driver of a
car who hit a biker to say he or she never even saw the
motorcyclist.
Approximately 65% of
the time, the accident occurs when the driver of a car fails to
yield the right of way to the motorcyclist, and makes a left turn in
front of him or her. This is classic driver inattention, and shows
the driver was negligent; that is, he or she failed to exercise
ordinary care.
Animal involvement
and pavement defects, including ridges and potholes, together
account for approximately 3% of motorcycle accidents. Weather played
a factor in only about 2% of the cases.
Unfortunately,
California motorcycle riders frequently encounter unfair bias or
prejudice against them. Such being the case, it is virtually
impossible for an injured California biker to receive fair
compensation in California for his or her motorcycle accident
injuries. It is almost always necessary for injured California
motorcycle riders to hire a California motorcycle accident lawyer to
represent them. Without a California motorcycle accident attorney on
your side you will have virtually no chance against a California
insurance company and their motorcycle accident defense attorneys.
Liability
There are several
different theories or doctrines under which a driver can be found to
be liable for causing an accident and injuries to someone.
Negligence
A person who acts
negligently is liable for injuries caused by that negligence. In a
given scenario, there are several people who may be liable for the
injuries.
Liability of the Driver
Negligence law
demands that a driver exercise ordinary care and skill when
operating a motor vehicle. The driver must act as a reasonable
person would act under like circumstances.
For example, if a
driver's tire blows, causing an accident, one question to be
addressed is whether that driver acted reasonably in not checking or
replacing the worn tire. If the driver did not exercise ordinary
care in the maintenance of the tire, then that driver acted
negligently, and is liable for the resulting injuries. Also, if a
driver loses consciousness while driving and causes an accident, it
is necessary to ask whether that driver acted reasonably in getting
behind the wheel in the first place. If he or she had a history of
blacking out, then the act of driving, itself, was likely negligent.
Liability of the Owner
There are
circumstances in which the owner of a vehicle can be liable for
injuries, even if he or she was not driving the car at the time of
the accident. This theory of liability, called negligent
entrustment, arises when a vehicle owner entrusts his or her vehicle
to an unfit, incompetent, or reckless driver. For example, if the
owner lends his car to someone who has been drinking alcohol or to
someone who the owner knows is otherwise unfit, and the borrower
causes an accident where you are injured, the owner has acted
negligently and may be liable to you for your injuries.
Liability of the Employer
Under the theory of
vicarious liability, an employer is liable for the negligent conduct
of its employees, as long as the employee was acting within the
scope of the employment. For example, if a delivery driver causes an
accident while delivering a product on the job, then the delivery
driver's employer is legally responsible for your injuries. Even if
the employee works in an office, if that employee causes an accident
while running a work-related errand, then the employer is said to be
vicariously liable for the negligence of the employee, and therefore
liable for your injuries.
Negligence per se
A person's conduct
is presumed to be negligent when that person violates a law or
ordinance, and as a result someone is injured. For this doctrine to
apply, the injury must be the sort that the statute sought to avoid.
For example, if a
person fails to yield the right of way to a motorcyclist, causing an
accident, that person is deemed to have acted negligently, since the
law requiring yielding the right of way is designed to prevent
accidents. A driver who causes an accident while operating a motor
vehicle under the influence of alcohol or drugs is presumed have
acted negligently. Once that liability is established, only the
questions of causation and the amount of damages remain.
Safety Tips
Do
not ride your motorcycle impaired:
If you are tired,
have had alcohol, or otherwise compromised in any way.
Wear a safety
helmet:
It is the single
critical factor in preventing, or reducing the severity of, head,
neck, and face injuries.
Wear heavy boots, jacket, and gloves:
This is effective in
preventing or reducing abrasions and lacerations, which are
frequent, though rarely severe injuries.
Stay healthy and
physically fit:
Riding motorcycles,
especially larger ones, takes balance, skill, and physical strength.
Avoid congested roads:
Too much stimulation
will affect your ability to react to hazards quickly, and the more
cars there are, the more likely you are to be hit.
Keep a greater
distance between yourself and other vehicles:
The more distance
between you, the more time you will have to react.
Every year, take a
motorcycle safety course:
Keep your skills and
techniques current.
WHAT TO DO:
If you or a family
member has been injured in a motorcycle accident:
1. Seek immediate
medical attention for your injuries: Go to an emergency room or an
urgent care as soon as you experience any pain or discomfort
following the accident. Even if you don't see any external injuries,
it is extremely important to be evaluated for fractures, closed head
injuries, and internal bleeding. If you do not you're your injuries
require emergency medical care, see your family doctor as soon as
possible. If you delay in seeking medical care, you could be making
a costly mistake. If you do not have medical insurance, the Law
Office of Slaughter & Slaughter can provide medical referrals for
treatment. They work with physicians, chiropractors, and therapists
who specialize in treating people who have been injured in an
accident.
2. Limit your
communication with insurance companies. It is generally okay to tell
the insurance adjuster about property damage sustained in the
accident; however, do not talk to the adjuster about your injuries.
The adjuster's job is to obtain information to use against you when
it is time to pay your claim. The goal is to pay you as little money
as is possible to settle your claim. So, with regard to your
injuries, simply tell the adjuster you were hurt in the accident and
that you are seeking medical treatment. Decline to go into any
further detail.
3. Contact an
experienced attorney. Let the attorney deal with the insurance
adjuster. If you try to handle your own injury claim, you may be at
a severe disadvantage. You could be losing thousands of dollars by
settling your claim without having proper legal representation. As
tempting as it may be, don't be lured into signing a release in
exchange for a quick settlement. Once you sign that release, you
cannot ask for more money, which will be tragic if you find out that
your injuries have not fully resolved and you need additional
medical care.
The Law Offices of
Slaughter & Slaughter
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
Visit us on Google at
Motorcycle Accident Lawyers San Diego
There is no reason
to suffer alone from the effects of an motorcycle accident. We can
help you bring a claim and strive to get the compensation you and
your family will need for a lifetime of coping with this
catastrophic injury. Our compassionate personal injury lawyers want
to see you achieve the best resolution possible.
We serve clients
throughout Southern California, including Orange County, Los Angeles
County, Riverside County, San Bernardino County, and the communities
of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas,
Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and
surrounding areas.
Don't delay, call today for more information and a free evaluation
of your claim.
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