San Diego Motorcycle Accident Lawyer

Injured by a Negligent Motorist While Riding in San Diego, CA?

Have you or a loved one been injured in a motorcycle accident? The road ahead of you is going to be difficult, but having an attorney by your side fighting for your best interests can help ease some of your emotional and financial burdens.

Our reputation as a skilled and tenacious law firm precedes us. We are committed to going the extra mile on behalf of our clients. Our San Diego motorcycle accident attorney from The McClellan Law Firm is the representative you want in your corner.

Why Hire Our Firm?

Don't navigate the complex legal process alone. Contact our San Diego motorcycle accident lawyers today at (619) 215-1488 for a free case evaluation, and let us fight for your compensation.

California Motorcycle Laws

Here is an overview of the motorcycle laws in CA:

• Licensing Requirements: To ride a motorcycle in California, individuals need a Class M1 or M2 license. The M1 license allows riding all motorcycles, while M2 is for motorized bicycles or scooters. To obtain either license, riders must pass a written test, vision test, and a riding skills test or complete a Motorcycle Safety Program (MSP).
• Helmet Laws: All motorcyclists in California are required to wear a helmet that meets DOT safety standards. Helmets must be securely fastened while riding, and failing to comply can result in fines.
• Lane Splitting: California is the only state that legally allows lane splitting, where motorcyclists can ride between lanes of slow-moving traffic. Riders should only split lanes when traffic is under 30 mph and not exceed 10 mph faster than surrounding traffic, always exercising caution.
• Passenger Laws: Motorcyclists carrying passengers must ensure their bike is designed for a passenger and has proper footrests. Both the rider and the passenger must wear helmets, and riders under 18 are prohibited from carrying passengers.
• Eye Protection: Riders in California must wear eye protection unless the motorcycle has a windshield offering adequate protection. This rule is to prevent eye injuries from debris or wind.
• Motorcycle Equipment and Safety: Motorcycles must have functioning lights, brakes, tires, and horns, and modifications that increase noise beyond legal limits are prohibited. The state enforces these standards to ensure safety and minimize disturbances.
• Insurance Requirements: California law requires motorcyclists to carry liability insurance, covering at least $15,000 for injury or death to one person, $30,000 for more than one person, and $5,000 for property damage. This ensures financial responsibility in case of accidents.
• DUI and Drug Laws: Just like other drivers, motorcyclists cannot operate under the influence of alcohol or drugs. The legal BAC limit is 0.08%, and violators face penalties such as fines, license suspension, and potential jail time.

Common Causes of Motorcycle Accidents

Motorcycle accidents involving negligent drivers can occur for various reasons, often due to a combination of factors related to both the motorcyclist and other road users. Some of the most common causes of these accidents include:

• Distracted Driving: Drivers using phones or engaging in other distractions can fail to notice motorcycles on the road. This lack of attention can lead to collisions when drivers don't see motorcyclists or misjudge their presence.
• Failure to Yield the Right of Way: Drivers often fail to yield the right of way when turning or changing lanes, which can lead to accidents with motorcyclists. Since motorcycles are smaller and harder to spot, this mistake is particularly dangerous.
• Running Red Lights or Stop Signs: Disregarding traffic signals or stop signs can cause accidents, especially at intersections. Motorcyclists, who are often moving quickly, may not have time to react if a driver runs a red light or fails to stop.
• Reckless or Aggressive Driving: Speeding, tailgating, or weaving through traffic can endanger motorcyclists who have little protection. Drivers who engage in aggressive behavior put everyone, especially motorcyclists, at higher risk of accidents.
• Impaired Driving: Driving under the influence of alcohol or drugs reduces reaction time and awareness, making it harder to avoid accidents. Drivers impaired by substances may fail to notice motorcyclists or misjudge their movements, leading to crashes.
• Failure to Check Blind Spots: When changing lanes or turning, drivers who don't check their blind spots can unintentionally collide with motorcycles. Motorcycles are smaller and often harder to see, so it's crucial for drivers to check their surroundings before maneuvering.
• Unsafe Lane Changes: Changing lanes without signaling or not leaving enough space for a motorcyclist can lead to dangerous situations. Motorcyclists are often forced to take evasive actions or risk being squeezed out of their lane, which can result in a crash.
• Inadequate Knowledge of Motorcycle Behavior: Many drivers lack understanding of how motorcycles operate, leading to misjudgments of speed and distance. This can cause accidents when drivers make assumptions about a motorcycle's speed or maneuverability.
• Poor Road Conditions or Maintenance: Hazards like potholes, debris, or loose gravel can be dangerous to motorcyclists, especially if drivers don’t avoid them. Neglecting road conditions or failing to maintain safe roadways can lead to accidents that involve both motorcyclists and other vehicles.
• Increased Traffic or Road Rage: In heavy traffic or when drivers are frustrated, they may act impulsively or aggressively, putting motorcyclists at risk. Such behavior can lead to accidents when drivers fail to provide enough space or cut off motorcyclists without consideration.
• Fatigue: Fatigued drivers struggle to stay alert, making it easier to overlook motorcyclists or react too slowly. This lack of attention can result in dangerous situations on the road where collisions are more likely.

How Common Are Motorcycle Accidents in the U.S.?

In the U.S., over 100,000 motorcyclists were injured in traffic accidents in 2008; an additional 5,000 were killed. Specifically, in California between 1999 and 2008, the number of serious injuries and fatalities resulting from motorcycle accidents steadily increased. These have decreased in recent years, but the danger is still present.

The NHTSA conducted a study in which it discovered that motorcyclists are 28 times more likely to die in a traffic accident than the occupants of a vehicle. Other studies have demonstrated that in a vast majority of these collisions, the driver of the passenger car is either at fault or at more at fault than the motorcyclist.

Despite these compelling studies and unsettling statistics, insurance companies are quick to point the finger at motorcyclists in the wake of an accident. You need a San Diego motorcycle accident lawyer to help even the playing field.

Motorcycle Accidents Can Be Costly in a Variety of Ways

Most motorcycle riders have minimal protection, making them more vulnerable to their surroundings on the road. Consequently, motorcycle riders can sustain serious injuries from even minor crashes. The costs of medical treatment quickly add up, from transportation to the emergency room and hospitalization to rehabilitation.

Establishing Fault for a Motorcycle Accident

Managing the aftermath of an accident can be difficult, especially if you have better things to worry about—like your recovery. Let the San Diego motorcycle accident attorneys at The McClellan Law Firm handle all of the heavy lifting by giving us a call. We examine police reports, speak to witnesses, field questions from the insurance company and ensure that your case is trial-ready.

Although we will always try to negotiate a fair settlement, we will not hesitate to take your case to court if the other side is unwilling to offer what you deserve. Studies have shown that accident victims are usually able to recover three times more money when an attorney represents them. Do not delay in giving us a call.

Motorcycle Accident FAQs

What should I do immediately after a motorcycle accident in San Diego?

Right after a crash, you should seek medical attention, call the police, document the scene (photos, witnesses, insurance info), and report the accident to your insurance company. Avoid admitting fault or giving detailed statements to insurance adjusters without legal advice, as that can hurt your claim later.

How long do I have to file a motorcycle accident claim in California?

In California, you generally have 2 years from the accident date to file a personal injury lawsuit. For property damage alone, the time limit is 3 years, and if the claim is against a government entity (like a city for road defects), you may have as little as 6 months to file an administrative claim first.

Can I still recover compensation if I’m partly at fault?

Yes. California follows a pure comparative negligence rule, meaning you can still recover damages even if you are partially at fault — but your award will be reduced by your percentage of fault.

What if the other driver had no insurance?

If the at-fault driver is uninsured or underinsured, you might be able to pursue compensation through your own insurance’s uninsured/underinsured motorist coverage or by filing a lawsuit directly against the other driver.

Does not wearing a helmet affect my claim?

California law requires motorcycle riders to wear helmets. If you weren’t wearing one and are injured, your damages might be reduced because the defense could argue the injuries would have been less severe with a helmet — but you don’t automatically lose your right to compensation.

Do I need a lawyer for my motorcycle accident claim?

While you’re not required to have an attorney, motorcycle accident claims are often complex due to serious injuries and insurance disputes. An experienced personal injury lawyer can help gather evidence, negotiate with insurers, and fight for fair compensation.

Can I include multiple responsible parties in my claim?

Yes. If more than one party contributed to the crash — such as another driver and a negligent mechanic or vehicle parts manufacturer — you can name all responsible parties in your lawsuit or claim.

Will I have to go to court to get compensation?

Not always. Many motorcycle accident claims are resolved through settlements with insurance companies. However, if a fair settlement cannot be reached, your lawyer may need to take your case to court.

Seek Maximum Compensation for Your Losses

Regardless of how experienced a motorcyclist may be, few things can protect them against the negligent actions of other drivers on the road, especially when you consider how motorcyclists are already at a grave disadvantage compared to drivers of automobiles. For this reason, it is not uncommon for riders to suffer severe, and often catastrophic, injuries in an accident.

We can help you seek compensation for all of your losses, including: