San Diego Motorcycle Accident Lawyer

A motorcycle accident can happen in a matter of seconds. You get on a bike and are enjoying a beautiful ride across our California scenic roads and highways. Suddenly, a crash occurs and you are lying on the pavement. You are in pain, nervous, alone, and there are many things you need to do. What happens next? You will need medical treatment. You may not be able to return to work. Your life may be changed forever. Drivers who are reckless and negligent are responsible for all of your damages and harm. A San Diego motorcycle accident injury attorney at Gomez Trial Attorneys will get you the monetary compensation necessary to help you get your life back.

Accident Rates

San Diego County has one of the highest rates of incidents of motorcycle crashes throughout the State of California. In a recent study, California Highway Patrol reported 1500 people were injured in a motorcycle accident in San Diego County in a single year. In California, motorcycle accident deaths were 17% of all road fatalities even though only 3% of registered vehicle owners rode motorcycles. The last reported year on file showed that 519 people died because of a motorcycle accident that occurred in California. At our firm, we understand the negligence and recklessness of many drivers who do not pay attention to motorcycles on the road. The lawyers at Gomez Trial Attorneys study the motorcycle accident rates and understand what it will take to help you when you have been injured in a motorcycle accident.

California Law – Motorcycle Drivers and Passengers Have Rights

Fundamentally, a motorcycle is regarded in the law as if it were an automobile, and the same basic and general rules are applied to motorcycle accident cases as are applied in car accident cases. California law makes clear: “A motorcycle is a motor vehicle.” (Chong v. California State Automobile Association (1996) 48 Cal.App.4th 285.) Other cases have found a motorcycle accident is just as foreseeable as an automobile accident, and motorcycle riders face a much greater risk of injury in the event of an accident than do occupants of a car or truck. (See Nicolodi v. Harley-Davidson Motor Company, Inc. (1979) 370 So.2d 68.) A cause of action for personal injury or wrongful death can be brought as a result of a motorcycle accident.

California Law – Lane Splitting

It is not illegal for motorcycles to pass other vehicles that are driving in the same direction in the same lane. This is called lane splitting. California drivers of cars must keep a lookout for other vehicles – including motorcycles. The drivers must also control the speed and movement of their vehicles. If a driver fails to use reasonable care in driving a vehicle – that is negligence. People driving cars fail to pay attention to the road and keep a lookout for motorcycles and these drivers cause accidents. That is negligence. Having an attorney or lawyer to prove your case and put up the legal fight to hold the negligent driver responsible is very important after a motorcycle accident. Many times the motorcycle driver is blamed for the crash, and is offered less money because they say the motorcycle driver was at fault. As experienced lawyers, Gomez Trial Attorneys understands that motorcyclists are good drivers and have knowledge of how to drive and control a motorcycle – many times the car drivers are distracted and not paying attention.

Active Military and Veterans Involved in Motorcycle Accidents

Active military and service members are afforded the right to bring a case when injured in a motorcycle accident. Under the federal law, the Servicemembers Relief Act allows an active military or service member who is involved in a motorcycle accident to have extra time to bring a claim while that member remains on active duty. And California courts have recognized a person who is in the military full time is exempted from the statute of limitations to bring a case during that time period of active duty. When a person is in the service, “the period of limitation is automatically tolled during the duration of the service.” (Syzemore v. County of Sacramento (1976) 55 Cal. App. 3d 517, 523.)
If you are a part of San Diego’s community of active duty service members – you have a right to bring a claim if you are involved in a motorcycle accident. Your injuries are compensable, even if you are not able to file a claim right away. Gomez Trial Attorneys has been proud to represent many veterans and active duty service members for injuries that have occurred in motorcycle accidents.

Accidents – By the Numbers

  • Over 80% of motorcycle accidents cause a driver or passenger to suffer injury or death.
  • 33% of motorcycle crashes are caused by a driver turning into the path of a motorcycle.
  • Over 40% of fatal motorcycle accidents involve alcohol.
  • Head injury in a motorcycle accident is a leading cause of death and injury.
  • Motorcycle helmets prevent fatal injuries only at a rate of 29%.
  • A rider with a helmet has a 73% lower fatality rate versus a rider without a helmet.
  • The death rate for motorcyclists in Kansas rose 61% the year following the repeal of the required helmet law.
  • Private health insurance on average pays for only 66% of the costs of inpatient care for motorcycle crash victims.

(Information provided by the National Highway Traffic Safety Administration)

Motorcycle – Common Injuries

  • Catastrophic bodily and head injury causing death.
  • Immobilization and paraplegia.
  • Traumatic Brain Injury and “Mild” Traumatic Brain Injury.
  • Trauma to spine causing cervical, thoracic, and lumbar herniated discs.
  • Broken hip and pelvis requiring emergency surgery and placement.
  • Collapsed lungs and other serious injuries to internal organs.
  • Multiple fractures to shoulders, arms, legs, and other body parts.
  • Severe emotional distress, anxiety, and post-traumatic stress disorder.
  • Disfigurement, scarring, and permanent disability.

Insurance Companies – Our Specialty

After a motorcycle accident, you will certainly need to deal with insurance companies. The insurance company will call you nonstop and many times will try to ask you questions that will later be used against you in a court of law. The insurance companies recognize Gomez Trial Attorneys – and they know that if they do not settle for the top result available – we will go to trial and seek more than was ever offered to settle. We take the necessary care to navigate the insurance companies and make certain that you do not need to deal with this complicated system. This is so important for compensation of medical bills, future medical care, lost property, time missed from work, and your pain and suffering.

$6,000,000 settlement after dirt biker crossed highway and Ambulance driver struck the dirt biker.

$5,000,000 settlement after motorcycle accident trial against the U.S. Border Control for an illegally stopped car in the roadway.

$2,500,000 settlement after motorcycle accident against County of San Diego arising from dangerous condition on a road.

$500,000 settlement after motorcycle accident where driver of SUV made a left turn into motorcycle driver.

Former Client Testimonials

You really need an expert to navigate the process of negotiating a settlement with all these different parties. More importantly, you want an attorney you can trust and give you peace of mind.”

– Liesel P. (Former Client – Motorcycle Accident)

“As soon as you walk through their doors you know you are going to be well represented. They treat you like family and make sure that their clients are taken care of. If you want great representation, talk to Gomez Trial Attorneys.”

– Sergius A. (Former Client – Motorcycle Accident)

“These guys took care of me like I was their child after a motorcycle accident last year. They fought tooth & nail for me and I could not be happier with the results. They’re personable and helpful. I’d recommend them to anyone needing legal help.”

– Christine S. (Former Client – Motorcycle Accident)

Contact for Free Consultation

Motorcycle accident attorney San Diego

If you or a loved one has been injured in a motorcycle accident, contact Gomez Trial Attorneys for a free consultation. To get the compensation that you deserve, you need an experienced and powerful legal team. A San Diego motorcycle accident lawyer at Gomez Trial Attorneys can aggressively pursue the best result for you and your family.


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