Motorcycle Accident Lawyers

Personal Injury Lawyers San Diego

Unfortunately, motorcycle accidents are much more common than many people think. These accidents can range from minimal to a completely devastating Personal Injury. With the increasing use of cell phones and other technology on the roadways today, accidents are becoming more and more common in San Diego. Even the best motorcycle drivers cannot always avoid the actions of a negligent (or reckless) driver or one who does not exercise reasonable care under the circumstances. Sometimes it is not a matter of another negligent driver, but a question of product safety, road engineering and/or various other factors. Roads in San Diego are not as well maintained as they should be, and given the budget constraints and other fiscal issues, accidents that can and should be prevented happen far too often. Reckless automobile drivers are also a major cause of motorcycle accidents and Personal Injury in San Diego.

Personal Injury – Negligence and Motorcycle Accidents in San Diego

Negligence is the claim frequently brought in a Personal Injury lawsuit resulting from a motorcycle accident. Negligence is a claim based on recklessness or carelessness as opposed to an intentional tort. In civil litigation, if a plaintiff (injured party) proves that he or she was harmed through the negligent actions of another, they can recover damages.

In our society, people and entities owe a general duty of care towards you to not harm you (such as by merging into your lane and colliding with you, running a stop sign, or hitting your bike while talking on a cell phone). To prove Negligence it must be established that a duty of due care was owed and the defendant(s) breached their duty of due care – and as a result someone (the plaintiff) was harmed. The test to establish a breach of the duty of due care is whether a reasonable person in the same situation would have acted differently. This is both a subjective and objective test and is generally fact specific. Often times it involves expert testimony to help establish this. Establishing a Negligence cause of action will entitle someone to obtain economic and non-economic damages, including pain and suffering, emotional distress, lost wages, medical bills, and property damage.

Personal Injury – Negligence Per Se and Motorcycle Accidents in San Diego

Negligence per se is a cause of action related to Negligence that results when a statute (law or regulation) has been violated.  The may occur more frequently in car and motorcycle accidents than other types of law as the California Vehicle Code contains a large number of statutes that drivers are required to obey.  Examples of this include a driver driving without a headlight on, driving while talking on a cell phone, or driving without a license or the type of license required (such as a Motorcycle license).

In order to prove Negligence Per Se in San Diego, the plaintiff must show that:

  1. the defendant violated the statute;
  2. the statute provides for a criminal penalty but not by civil penalties;
  3. the act caused the kind of harm the statute was designed to prevent; and
  4. the plaintiff was a member of the statute’s protected class.

If this occurs the defendant can be found Negligent solely based on the violation of the statute. An example would be someone driving without a license or driving while intoxicated. If an automobile accident results, even if it is not the driver’s fault who was drunk or driving without a license, they may still be found Negligent and thus liable for your Personal Injury

Personal Injury – Motorcycle Accidents in San Diego – What can be done

You have the right to compensation for your property damage and personal injury. This compensation may include payment of medical bills and other medical treatment, loss of income or wages and future earning power, rehabilitation, pain, and emotional distress, and possibly even punitive damages. The Personal Injury and Motorcycle lawyers at the Justice Law Group of San Diego will investigate the circumstances surrounding your accident using our legal experience and private investigators when necessary. This includes retrieving all available cell phone records, DMV records on the faulty driver, litigation history, police reports, phone records (texting while driving is a serious issue) and any relevant video recordings. We will work with healthcare providers to get you the medical treatment that you need, often on a lien basis. Depending on the severity of the motorcycle accident, this may include long-term treatment and loss of earnings, which needs to be factored into any potential settlement of you Personal Injury.

A motorcycle accident may involve a pedestrian hit and run, a motorcycle-car collision, drunk driving accident, a motorcycle crash, or a scooter crash. If the traffic accident was caused due to a defective product such as a tire blowout or an air bag malfunction, there may be a lawsuit for product liability. Motorcycle accidents can result in serious injuries such as broken bones, traumatic brain injury, neck, back, spinal cord injuries, and even death.

Personal Injury – Motorcycle Accidents in San Diego – How we can help

The Personal Injury and Motorcycle Accident lawyers at the Justice Law Group of San Diego will retain medical experts and accident reconstructionists to evaluate and prosecute your claim whenever necessary. We will aggressively litigate through trial when necessary and work with insurance companies when possible to ensure you receive what you deserve. We will immediately work to retain all available documents to help litigate your claim including accident/police reports, witness statements, cell phone records, prior litigation history, and other relevant documents. Let us take care of every detail so you can concentrate on the most important part – your recovery.  Do not accept a settlement from an insurance company for less than what you are entitled to.

Choosing the right representation is important. Call Personal Injury and Motorcycle Accident lawyers Cameron Gharabiklou and Nicholas Lewis today for a free consultation and hear how they are willing to fight for you. How much do we believe in our ability to successfully fight for you? If we take your case, you pay NO ATTORNEYS FEES, unless and until we recover payment for you.  At the Justice Law Group of San Diego, you will not be passed to a secretary or paralegal, instead you will speak to the Personal Injury and Motorcycle Accident lawyers who will be handling your case all the way through trial when necessary. Call us today. 858.412.0019 or contact@justice-lawgroup.com