San Diego Motorcycle Accident Lawyers

Helping Bikers and Hobby Riders Secure the Compensation They Deserve

Riding motorcycles provides a sense of freedom that not many other vehicles can offer. Unfortunately, this activity also puts motorcycle riders at risk of severe injuries. Negligent drivers, unmaintained roadways, manufacturing defects, and a host of other irresponsible parties and actions can put motorcyclists at significant risk. If you or a loved one have been harmed due to a third party’s negligence or wrongful acts, it’s important to understand your rights. A San Diego motorcycle accident lawyer may be able to help you navigate the system.

At Finn Trial Attorneys, our California personal injury attorneys understand what you’re up against. We’ve helped clients who suffered severe injuries, and in some cases, we’ve represented the loved ones of individuals killed in fatal motorcycle accidents. Regardless of the underlying circumstances of your case, we know that you’re likely facing medical expenses, lost wages, and other financial difficulties in addition to intangible losses such as emotional distress. We understand that this is a difficult time, but our goal is to put California law to work for you.

Are You Entitled to Compensation?

There are times when motorcycle crashes happen, and there’s no one to blame. Perhaps the riders themselves made a mistake, or maybe they simply couldn’t see through dense fog or rain. However, there may be times when a motorcycle rider is entitled to financial compensation without knowing it. For instance, it’s possible that dense fog could be a byproduct of industrial activities — something that resulted in a company paying millions of dollars to settle injury claims after a horrific traffic pile-up caused 12 deaths in Tennessee.

Clearly, accident victims may be entitled to compensation even in situations where seemingly no one else was involved. However, securing financial recovery requires proving specific elements of liability:

Duty of care: Personal injury victims must first show that the negligent party had a duty of care. This duty means a responsibility to avoid actions that could harm others. For instance, motorists are expected to drive safely in order to avoid accidents.
Violation of duty: A successful personal injury claim will also show that negligent drivers or other reckless parties violated a duty of care. For instance, a tractor-trailer driver may be driving under the influence — thus putting other drivers at risk.
Damages: For the at-fault party to be liable for financial compensation, it’s necessary to show that actual damages occurred. Such damages can be related to physical harm, emotional distress, or wrongful death.
Causation: Any damages stemming from an accident must have a direct causative relationship with the negligent party’s actions. For instance, a person is unlikely to be held liable for speeding if that action is not what directly led to an accident.

While these elements of liability may seem straightforward, it’s important to remember that personal injury law is complex. This liability is why you should work with an experienced motorcycle accident lawyer in San Diego. Negligent parties and any insurance company representing them will try to minimize their level of liability. Since California law recognizes comparative negligence, they’ll often try to claim that motorcycle riders share at least partial fault — thus reducing any potential damages the court orders them to pay.

Don’t get taken advantage of. Contact our law firm today for a free case evaluation if you or a loved one were involved in a motorcycle crash.

How to File a Motorcycle Accident Claim

Personal injury claims can be incredibly complex, and depending on the specifics of your situation, there are different ways that your case can be resolved. The overwhelming majority of these claims are closed out with settlement negotiations. After a serious accident, the injury victims or their surviving family members will work with the insurance company of the liable party. Unfortunately, these settlement offers are typically not as high as they should be. Insurance companies have a goal of profit, and paying fair compensation doesn’t help this goal.

In some instances, the insurance company will make it seem like they’re providing a fair settlement. They may offer to cover all your medical treatment, property damage, and other related expenses you’re already facing. However, what about future medical expenses? What about pain and suffering — or perhaps the emotional distress of losing a loved one or being unable to enjoy life? It’s easy to understand why insurers wouldn’t bring up these issues to motorcycle drivers during settlement negotiations. Even worse, they often deny claims when victims seek fair compensation.

When this happens, the conversations with insurance adjusters should end — as litigation is the ideal strategy. Litigation will require filing a lawsuit in the appropriate court. If you or a loved one have been in a serious motorcycle accident, you should contact an attorney immediately. A San Diego motorcycle accident lawyer can take an aggressive stance during settlement negotiations, and if a settlement isn’t possible, they can advocate for your rights in court. At Finn Trial Attorneys, we’re ready to assist. Contact us today for a free case evaluation.

Do You Need a Personal Injury Attorney?

When motorcyclists are harmed due to the negligence of motorists in passenger vehicles — or any other liable party — they sometimes ask if they need an attorney. This uncertainty is understandable. After all, there are times when liability seems clear. Even the police reports may make it obvious who was at fault. Unfortunately, there’s no such thing as an “open and shut” case. In our law firm’s many years handling motorcycle accident cases, we’ve seen insurance companies manage to avoid paying fair settlements when their policyholder is clearly at fault — and this typically happens when the victim has no attorney.

The insurance company is hoping that you won’t hire a San Diego motorcycle accident lawyer. If you don’t have legal representation, you have no real way of knowing the value of your personal injury claim. An offer by the insurer may seem generous if it covers your property damage and medical bills, but the reality is that victims are often entitled to much more than that. If you accept a motorcycle accident settlement without first consulting with an attorney, there’s a good chance that the insurance company is offering you less than you deserve.

Some people realize they were offered less, and that realization leads them to take their case to trial. Again, the assumption that their case is clear-cut results in many individuals not hiring a motorcycle accident attorney. This assumption could still be a major mistake. Insurers will avoid going to court whenever possible, so if they’re willing to go this route, it’s a good assumption that they have something up their sleeves. This risk is why you need a trial attorney, and that’s exactly what you’ll find at our law firm. When working with Finn Trial Attorneys, litigation could result in substantial compensation.

Possible Damages in Motorcycle Accidents

If statistics are to be trusted, then a motorcycle accident victim is most likely to be compensated by an insurance settlement. This likelihood will typically be true regardless of whether a personal injury or wrongful death claim is filed. This route allows all parties to avoid costly and time-consuming litigation. However, it’s not always possible to secure a fair offer from insurance adjusters. If this is the case, your San Diego motorcycle accident lawyer will need to file a lawsuit on your behalf. At this point, motorcycle accident victims may be entitled to the following damages:

Special damages: Also known as economic damages, this court award reimburses the claimant for financial losses. These losses could include medical bills, lost wages, property damages, future treatment expenses, burial costs, and other economic losses.
General damages: Also known as non-economic damages, this court award reimburses claimants for non-financial losses. These losses could include pain and suffering, loss of companionship, emotional distress, and other losses that aren’t easily quantified.
Punitive damages: This court award is granted in order to punish the defendant rather than to reimburse the victim. Claimants may qualify if the defendant’s actions were particularly egregious or extremely reckless in nature.

It’s important to remember that not every motorcycle accident lawsuit will result in all these damages being paid. Punitive damages are relatively rare, and in some cases, a victim may not suffer any general or special damages. However, it’s important for injury victims not to make assumptions about what they’re entitled to. If you or a loved one have suffered a serious injury or worse, an experienced San Diego motorcycle accident lawyer can help you better understand what damages you may be eligible for. At Finn Trial Attorneys, our California personal injury lawyers are here to help.

What About Shared Liability in Motorcycle Accidents?

It’s not uncommon for a motorcycle accident case to have multiple parties who share responsibility. For instance, perhaps a motorist swerved in the street to avoid a pothole — and in doing so, they side-swiped a motorcycle rider. In such a situation, the motorist may share liability with the government agency tasked with highway repairs, due to the pothole. Since California is a comparative negligence state, this means San Diego motorcycle riders would be able to recover compensation from both parties. Each defendant would pay compensation based on their level of responsibility.

Of course, there are also instances when the motorcycle rider themselves may share some liability. Perhaps they were lane-splitting or violating one of the many other rules taught in the California Motorcyclist Safety Program. Regardless of the individual circumstances, the victim could still seek compensation. Their eventual court award would merely be reduced by their own level of fault. For instance, if they were found to be 10% at fault and awarded damages of $1 million, their award would be reduced by 10%. Therefore, they’d receive $900,000 instead.

Clearly, this can get complicated. That’s why you should contact our law firm and speak with a motorcycle accident lawyer in San Diego today.

Contact Our San Diego Motorcycle Accident Attorneys Today

Motorcycle accident victims have a long road ahead of them. In most instances, serious injuries are sustained that can take months or years to recover from. Unfortunately, some people face even worse outcomes — with lifelong catastrophic injuries or the loss of loved ones. Put simply, motorcycle accidents result in devastating losses, and if you or a loved one has been injured in such an incident, the task at hand will seem daunting. No one should have to worry about navigating the legal system while recovering from what may be the worst day of their lives.

At Finn Trial Attorneys, we understand the difficulties faced by personal injury victims, and we know how consequential the outcome can be. Southern California is a great place to go riding on the open road, but wrongful acts can turn an enjoyable hobby into a tragedy in San Diego County. Fortunately, you don’t have to face what comes next alone. Our personal injury attorneys are on standby and ready to help, and if we don’t secure compensation on your behalf, you won’t be charged a dime.

Contact us at 1-800-400-FINN to schedule your free consultation. Our San Diego motorcycle accident lawyers are here to help.