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Solana Beach Motorcycle Accident Attorneys

Riding a motorcycle through Solana Beach is both exciting and exhilarating, with—to cite just one example—Pacific Avenue offering great views of County Park, Tide Beach, and Fletcher Cove. While this makes Solana Beach a great place to join others who love motorcycles, our city sees its share of motorcycle accident injuries.

If you or a loved one are in a Solana Beach motorcycle accident, place your initial focus on managing any injuries that you or your loved one sustained. Once you have dealt with these immediate, pressing needs, you may begin to wonder how you will handle the financial and medical consequences of the accident.

If you were injured in a Solana Beach motorcycle accident because of the negligence of another party, you can receive compensation for your injuries and other damages that you sustained. The Solana Beach motorcycle accident lawyers at Gomez Trial Attorneys are experienced in securing positive results for their clients. Contact us at (619) 237-3490 or through our website for a free case evaluation with one of our Solana Beach motorcycle accident lawyers.

Gomez Trial Attorneys Get Results

The Solana Beach personal injury lawyers at Gomez Trial Attorneys fight for results in complicated and high profile cases. The firm’s attorneys have collected over $750 million in verdicts and settlements over the last fifteen years. Among these results are numerous motorcycle injury accidents, including a $2.5 million settlement for a motorcycle accident.

Case results merely represent the firm’s strong history of success. While there is no guarantee of recovery for your case, our attorneys work with each client to understand all the facts and evidence of the case, including analysis of the cause of the accident, visits to the site, reviewing witness statements, and analyzing the strength of the evidence against the other party.

High Risk of Injury in Solana Beach Motorcycle Accidents

California is home to over 800,000 registered motorcycles, making it the state with the highest number of registered motorcycles by over 250,000. Solana Beach alone has seen as many as nine motorcycle accident collisions in one year. That may seem like a small number, but our city barely cracks 13,000 persons in the Census.

Motorcycles come with risk factors that increase the likelihood of an accident and that the accident will result in serious injuries. Consider the following:

  • Motorcycles are some of the smallest vehicles on the road, making them less visible. A motorcycle is more likely to disappear in another driver’s blind spot or to go unnoticed when a driver is making a left-hand turn. Certain safety features decrease the risk associated with a motorcycle’s size, potentially reducing the number of motorcycle crashes by more than 8,000.
  • Motorcycles lack the stability that comes with the four wheels of passenger vehicles. This makes motorcycles more susceptible to the risks posed by road hazards and inclement weather.
  • Both the smaller size and reduced stability of a motorcycle require the driver to master different mental and physical skills to safely operate the vehicle. Unfortunately, 1/3 of motorcyclists killed in crashes each year are not licensed or are improperly licensed. Even if properly licensed, many motorcyclists have not received formal training and lack important defensive driving skills. Skill is especially important in California, which is one of the few states that allows lane splitting, which is the act of driving a motorcycle between lanes of other vehicles. Lane splitting can be dangerous and should not be performed by inexperienced motorcycle drivers.

The danger associated with motorcycles is clear from the fact that fatalities and injuries are much more likely to occur from a motorcycle crash as opposed to a crash between passenger vehicles. Indeed, the data shows that 86 percent of motorcycle crashes result in a fatality or injury and that motorcyclists are 29 times more likely to suffer fatal injuries than passengers in a car. In one recent year, California experienced 488 motorcycle fatalities.

In addition to the increased likelihood of a fatality, nearly half of motorcycle crashes result in more than a minor injury. This increased severity of injuries is because motorcycles do not protect occupants in the same ways that passenger vehicles do. Without a protective frame, airbags, seatbelts, or advanced safety technology, motorcycle riders face intense exposure. Protective gear can help reduce the risk of injury, but it will never be as protective as riding in a car.

The following injuries are common after a motorcycle accident:

  • Head and brain injuries: Traumatic injuries to the brain or head are very likely in a motorcycle accident, especially if a rider is not wearing a helmet. These injuries can result in an individual suffering from a coma, vegetative state, or brain death.
  • Spinal cord injuries: The trunk of the motorcyclist’s body is likely to suffer severe impact in a crash, either with another vehicle or the ground. The spinal cord is a bundle of nerves that allows the brain to communicate with the rest of the body. Injuries to the spinal cord can result in numbness, muscle weakness, or even paralysis.
  • Neck and back injuries: Accident victims may suffer from whiplash, slipped or herniated discs, or nerve damage.
  • Broken bones: Impact with another vehicle or the ground often results in broken bones. While some broken bones simply need time to heal, more severe breaks require surgery or long-term physical therapy.
  • Road rash: Road rash, or the abrasions resulting from scraping along concrete or asphalt, is a common motorcycle injury, especially when appropriate protective gear is not worn. Extreme road rash may require skin grafting to heal.

Motorcycle injuries are often severe and necessitate serious medical intervention or long-term rehabilitation. Managing serious injuries often causes a victim to endure significant financial, physical, and emotional burdens.

Establishing Fault in Solana Beach Motorcycle Accident Cases

Dealing with injuries after a motorcycle accident is stressful regardless of the circumstances, but it can be especially stressful when another party was responsible for the accident. It is important to understand which parties’ negligence or intentional acts contributed to your injuries. Determining fault is a complicated evaluation, often requiring an analysis of all the facts and evidence available.

Many parties may face liability for a motorcycle accident, depending on the facts of each accident.

Negligent Drivers

If a motorcycle accident involved a collision with another vehicle, or if the motorcycle driver had to take action to avoid another vehicle, the other driver may face responsibility. If the other driver acted negligently in a way that caused the accident, the driver and his or her insurance company are obligated to compensate you for your injuries.

Actions that injured individuals often point to when establishing negligence include speeding, failure to heed traffic signals, failure to check a blind spot, driving while distracted, and driving while under the influence. This list is not exhaustive, and a lawyer will help you determine whether there is evidence of negligence in your case.

Local Government

Because of their smaller size and reduced stability, motorcycles are more likely to get into an accident when roads are poorly maintained. If the local government has failed to keep roads up to standard, the injured individual may pursue compensation from the government.

It is, however, much more complicated to recover damages from governmental entities than from a private party. They are often protected from lawsuits and require that claimants follow strict processes. A Solana Beach motorcycle accident attorney at Gomez Trial Attorneys can help you understand your rights and navigate recovery.

Motorcycle or Vehicle Manufacturer

If any vehicle involved in an accident suffered from a manufacturing malfunction that contributed to the accident, the manufacturer may face responsibility for any resulting injuries and/or property damage.

Common malfunctions that cause accidents include the following:

  • Failure of safety mechanisms in a vehicle, including those geared towards protecting motorcyclists, like blind-spot alerts
  • Cracks or breaks in a motorcycle’s frame, reducing the bike’s ability to withstand impact
  • Stalling issues, which may limit a driver’s ability to maintain speed
  • Defects in tires that cause a blowout or skid
  • Brake issues
  • Improperly installed motorcycle parts, such as handlebars

Uncovering vehicle manufacturing errors generally requires consultation with experts. The legal team at Gomez Trial Attorneys often works with experts in this area and can facilitate expert review of a case where appropriate.

Securing Compensation for Injuries

Once you have established that another party’s negligence or intentional act caused your accident and your injuries, you are entitled to recovery for the damages that you’ve suffered as a result of the accident. It is important to compile a comprehensive damages assessment to ensure that you are fully compensated for your suffering.

Consider whether any of the following damages apply to you:

  • Medical expenses: Any costs associated with your medical care are recoverable. These may include hospital bills, prescription medicine, assistive devices, and ongoing care, such as physical therapy.
  • Lost income: If you were forced to miss work and/or will continue to miss work in the future due to your injuries, you are entitled to your lost salary or wages. Many injuries also limit a victim’s ability to perform certain job functions, advance in his or her profession, or work full time. If your future earning potential is negatively impacted due to your injuries, you should include this in your damages claim.
  • Property damage: If your motorcycle or other property suffered damage in the accident, you should include the cost of repair or replacement in your damages claim.
  • Emotional distress: The accident itself or the limitations caused by injuries often result in emotional distress felt by the victim, including anxiety, depression, and PTSD. While less tangible, these are important injuries to include in a damages demand.
  • Loss of enjoyment: Many injuries limit a victim’s ability to participate in meaningful activities and hobbies, such as drawing, gardening, or playing a sport.
  • Punitive/exemplary damages: Exemplary damages are not meant to compensate the victim but instead to punish the defendant who caused the injury. In California, a plaintiff must establish that the defendant acted with oppression, fraud, or malice to recover punitive damages.

A Solana Beach motorcycle accident attorney can help you prepare a strategy for pursuing damages, including working with the negligent party’s insurance company or pursuing the negligent party directly, either through a lawsuit or a request for settlement.

Your Solana Beach motorcycle accident lawyer may need to employ a combination of these strategies when the damages claim exceeds the insurance limits of the defendant or if the insurance company denies recovery. Commonly, the defendant will propose a settlement offer far below what the victim deserves. Work with our Solana Beach motorcycle accident attorneys to ensure that you receive a fair settlement offer before accepting it.

Actions to Take After a Solana Beach Motorcycle Accident

The party accused of fault is likely to try to deny responsibility for the accident and to discredit the victim’s damages claim. The defendant and his or her insurance provider will likely claim that the victim was at fault or that he or she doesn’t have sufficient proof of damages.

To ensure your case is as strong as possible, be sure to follow these steps:

  • Take care of your health. Put your safety first, and seek medical attention immediately. Not only will this ensure that you are safe, but also it will avoid claims from the defendant that you exacerbated medical conditions by delaying treatment.
  • Get a police report. A police report provides important documentation of the scene of the accident, witness information and statements, and any citations issued. These pieces of evidence will all prove important in establishing negligence.
  • Don’t delay. Generally, you must file your lawsuit within two years of your accident. Failing to file promptly may block your ability to seek recovery.
  • Let your Solana Beach motorcycle accident lawyer handle the paperwork. All of the documents that you receive are probably the last things that you want to deal with, but try to keep everything. You will need records of all your medical and other expenses to prove your damages claim. Also, you should review all documents with our Solana Beach motorcycle accident lawyers before signing them to make sure that you don’t waive important rights.
Attorney John Gomez

Motorcycle Accident Lawyer, John Gomez

Pursuing recovery is daunting, particularly on top of dealing with your injuries and trying to return to normal life. You should contact an experienced Solana Beach motorcycle accident attorney to assist you through the process. Retaining an attorney is one of the most important steps you can take to relieve stress and increase your odds of maximizing your compensation.

Gomez Trial Attorneys Is Here to Help

The Solana Beach motorcycle accident lawyers at Gomez Trial Attorneys focus on supporting and advocating for our clients. Our team’s dedication to client outcomes has secured accolades for our attorneys, like Super Lawyers and Lawyer of the Year awards nationally and in our home state. We work with our clients to understand the unique aspects of their Solana Beach motorcycle accident cases to develop comprehensive strategies that meet our clients’ financial and emotional needs.

If you are located in Solana Beach or suffered a motorcycle accident there, contact us today by calling (619) 237-3490 or through our website to schedule a free case evaluation.

Gomez Trial Attorneys
603 N. Highway 101
Solana Beach, CA 92075
Phone: (868)-252-1500

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