Find The Best Motorcycle Accident Lawyers In San Diego

How Much Does a Motorcycle Accident Lawyer Cost in San Diego, California?

Most motorcycle accident lawyers in San Diego work on “contingency,” meaning they only get paid if and when they win your case. The contingency fee is usually a percentage of the settlement or award, often between 30-40%. However, the percentage a lawyer charges can also depend on their reputation and expertise and the complexity of your case.

Remember that bringing a lawsuit involves additional costs, such as court fees and expert witness expenses. Make sure to discuss the handling of these costs, as you may have to pay them as they come due or your attorney might tie them into their final fee.

How to Hire a San Diego, California Motorcycle Accident Lawyer

Hiring an excellent motorcycle accident lawyer in San Diego can involve some homework. Start by asking friends and family who have worked with a personal injury lawyer before. The internet can also be an important resource, allowing you to peruse attorneys’ reviews and credentials online.

Next, schedule consultations to meet some attorneys in person before making your final choice. During the consultation, ask questions about the attorney’s experience and track record with motorcycle accident cases. Don’t forget to inquire whether they work on a contingency fee basis and ask about any other legal costs to expect.

While credentials, past successes and positive reviews are important, make sure you feel comfortable with the attorney’s personality, too. They should be empathetic, take time to listen to your concerns and answer your questions truthfully.

Average Motorcycle Accident Settlement in San Diego, California

If you suffer severe motorcycle accident injuries, high medical expenses and other damages, you’ll want to know how much you can expect from a settlement. Nationwide, settlements average around $80,000. However, what you can recover will depend on various factors, including but not limited to:

• The scope of your injuries
• Your losses, such as medical costs, income loss and property damage
• Available insurance coverage of the at-fault party
• Issues involving negligence
• The skill of your lawyer

The National Highway Traffic Safety Administration (NHTSA) says that motorcycle riders are overrepresented in fatal accidents. If your loved one died in a crash or you suffered permanent injuries, your settlement could be substantial. The best way to determine the worth of your specific motorcycle accident case is to consult an attorney who can assess your damages and the accident’s impact on your career and home life.

Filing a Motorcycle Accident Lawsuit in California

Filing a motorcycle accident lawsuit can be necessary if you are unable to recover a fair settlement. Here are some of the crucial California motorcycle accident laws that may affect your compensation claim:

• Helmet laws. Motorcycle riders and passengers must wear a helmet per California law. Failure to wear a helmet can be used by the defense to argue that you were partially at fault for your injuries.
• Statute of limitations. California law gives you two years from the date of the motorcycle accident to file a personal injury lawsuit. Observing this deadline is critical, as you could lose your right to compensation if you file too late.
• Pure comparative negligence. California follows the pure comparative negligence rule. This means you could still recover damages even if you’re partially responsible for the crash. However, your recovery will be reduced by your percentage of fault.
• Compensation caps. California generally doesn’t cap damages in personal injury cases. However, drivers convicted of DUI may not recover non-economic damages, such as pain and suffering. Likewise, uninsured drivers are also typically banned from recovering non-economic damages.

Motorcycle accident laws can impact your claim in various other ways. Speak to a motorcycle accident lawyer in San Diego to clarify your rights and options for recovering compensation.

How Does a Motorcycle Accident Lawsuit Work in San Diego, California?

Filing a motorcycle accident lawsuit may be the last thing you want to deal with in the aftermath of a crash. However, a lawsuit can help you recover the compensation you need to get your life back on track.

A personal injury lawsuit typically begins with filing a formal complaint in court. The complaint outlines the details of the accident and the damages you’re seeking. Next, both parties engage in the “discovery” phase. This is where they’ll exchange evidence such as medical records, police reports and witness statements.

During this time, your attorney can continue to negotiate with the insurance company to reach a personal injury settlement. However, if an insurer refuses to compensate you properly, your case may proceed to trial. At trial, both parties will present their arguments and evidence before a judge or jury. The judge or jury will then determine who is liable and decide on the amount of compensation they’ll award to the victim.

Types of Motorcycle Accident Cases in San Diego, California

Motorcycle accident cases in San Diego can occur due to negligent driving behaviors and other reasons:

• Drunk driving
• Speeding
• Failing to yield
• Road hazards
• Weather conditions
• Defective motorcycle parts

Motorcycle accidents may involve a variety of defendants, including other drivers, vehicle manufacturers and government agencies. To protect your rights and best interests, consult a motorcycle accident lawyer in San Diego to understand your next best steps.