San Diego Motorcycle Accident Lawyer
Motorcycles have always been a popular mode of transportation for residents across California. These days, more and more San Diego residents are using motorcycles as their primary mode of transportation. Unfortunately, motorcyclists have minimal protection compared to other drivers on the road. That means that motorcyclists are at greater risk from hazardous road issues, dangerous weather conditions, and interactions with other vehicles.
At the Law Offices of Samer Habbas & Associates, our expert team understands the types of severe injuries that can result from a motorcycle crash. We can also determine if you are entitled to financial compensation following a motorcycle accident.
San Diego Motorcycle Accident Frequently Asked Questions
The experienced personal injury law and motorcycle accident experts from the Law Offices of Samer Habbas & Associates have compiled this list of the most frequently asked questions (FAQ) regarding motorcycle accidents in San Diego. The answers to these questions are meant to help you with your California motorcycle accident claim.
Is there a deadline for filing a motorcycle claim?
According to the California Code of Civil Procedure (§335.1), the filing deadline for a motorcycle accident claim in San Diego is two years from the date of the motorcycle accident. However, there are exemptions to this specific filing deadline.
If a motorcycle accident results in death after the motorcycle crash, the victim’s family has a two-year window from the date of death to file a wrongful death action and seek damages related to the accident. There is also a filing exemption in California that protects accident victims and can extend that deadline if the at-fault driver leaves the state before the accident claim is filed.
A knowledgeable San Diego motorcycle accident lawyer will be familiar with all California filing deadlines and exemptions to ensure that your claim is started before the filing window closes.
What are most motorcycle accidents caused by?
While a motorcycle accident may occur due to a motorcycle driver’s careless behavior, most San Diego motorcycle accidents are caused by other motorists who fail to recognize motorcycles in traffic. Because of their small size, a motorcycle’s visibility is often limited by glare or obstructed by other motor vehicles. It should be no surprise that intersections are hazardous for motorcycles because of drivers who fail to yield to the right of way.
San Diego motorcycle accidents are also commonly caused by:
- Left Turns: Many motorcycle accidents happen when the motorcycle or another motor vehicle makes a left turn. It is common for a driver to fail to recognize the motorcycle’s turn signal in these cases. It is also common for a motorist to inadvertently strike the motorcycle while making their own left-hand turn. Even when a driver checks their mirrors, spotting a motorcycle can be difficult, especially in a blind spot.
- Hazardous Conditions: Roadway debris, loose gravel, uneven pavement, and slippery surfaces, especially near construction sites, are all common causes of motorcycle accidents in San Diego. Motorcycles generally have less stability than other motor vehicles and are more susceptible to these dangerous road conditions.
- Reckless or Speeding Drivers: Motorcycle accidents often occur due to other motorists tailgating, driving while distracted, speeding, or driving aggressively. Motorcyclists can also be to blame in these situations. When operating a motorcycle at high speeds, it is easy to lose control of the bike.
- Alcohol: Alcohol is another common contributing factor in motorcycle accidents.
What are the odds of surviving a motorcycle accident?
It’s difficult to determine the survival odds of a motorcycle accident because every crash is unique. The driver’s chance of survival will be determined by many factors, including road conditions, speed, the type of collision, the number of vehicles involved in the motorcycle crash, and whether or not the motorcycle driver was wearing property safety gear, such as a helmet, at the time of the accident. However, we can glean some information from The National Highway Traffic Safety Administration (NHTSA), which publishes data on motorcycle accidents in the U.S.
NHTSA’s most recent data found the following:
- There were 5,114 fatalities in 111,000 motorcycle crashes nationwide. The majority of those victims were motorcycle drivers. That means that 4.6 percent of all motorcycle accidents result in fatalities.
- Roughly 64,000 of the 111,000 motorcycle crashes involved collisions with other motor vehicles. Out of these, 2,811 fatalities were recorded, which translates into a survival rate of approximately 95 percent.
- Approximately 12,000 of the 111,000 motorcycle crashes involved motorcycles colliding with some fixed object, and of those crashes, 1,159 resulted in fatalities, which is nearly ten percent. That translates into a fixed object collision survival rate of 90 percent.
- In motorcycle crashes that did not involve any collision, the survival rate was 96 percent.
While the overall odds of someone surviving a motorcycle accident are pretty good across the board, it is crucial to note that compared to all car accidents in that same year, the NHTSA found that only 0.3 percent of car accidents resulted in fatalities. So, compared to other motor vehicle accidents, your chance of surviving a motorcycle crash is much lower.
What is the most common injury in a motorcycle accident?
A motorcycle accident can result in many different injuries, ranging from mild to more severe.
Head and neck injuries, including skull fractures and concussions, are the most common injuries in motorcycle accidents. That is why motorcyclists should wear a proper helmet while operating a motorcycle. Wearing a helmet will help to drastically reduce the severity of head and neck injuries caused by a motorcycle accident.
Here are some other injuries common in motorcycle accidents:
- Leg Injuries: When a motorcycle accident occurs, it is not uncommon for the motorcycle driver to sustain injuries to their lower extremities. These injuries commonly occur in the feet, ankles, calves, and knees. While these injuries are not usually life-threatening, they can have serious long-term effects, particularly when they are not cared for properly.
- Road Rash: This type of injury is widespread in motorcycle accidents because the motorcycle driver is often thrust across the pavement during the crash. Road rash is far more severe than a simple scrape because the force at which the motorcyclist hits the pavement can be so powerful that it can cause multiple layers of skin to peel away, sometimes exposing the muscle. Motorcyclists need to wear protective gear such as leather jackets, pants, gloves, and riding boots to avoid road rash in an accident.
- Arm Injuries: When a motorcyclist is thrown from their bike, they can suffer from an injury known as Biker’s Arm, which occurs when an accident victim instinctively cradles themselves to minimize the impact, resulting in nerve and bone damage in the arms and hands. Often, Biker’s Arm causes permanent nerve damage.
- Muscle Damage: Nothing separates the driver from the road when riding a motorcycle. Regardless of the nature of the crash, muscle damage can occur anywhere on the body and can result in long-term and permanent damage, including paralysis. Wearing protective gear, including a helmet, knee pads, and elbow pads, can help protect motorcycle accident victims from muscle damage in an accident.
Contact A San Diego Motorcycle Accident Lawyer Today
If you or someone you love has been injured in a motorcycle crash, contact the San Diego motorcycle accident lawyers from Samer Habbas and Associates. Call 888-848-5084 to discuss your case with a motorcycle accident lawyer or fill out our free consultation form.