Motorcycle accidents in San Diego can be complex when it comes to determining who is legally responsible. Unlike car accidents, where fault is often straightforward, motorcycle crashes involve multiple factors, including negligent drivers, defective motorcycle parts, and dangerous road conditions.
If you were injured in a motorcycle accident, understanding liability laws can help you pursue the compensation you deserve. At Hulburt Law, our experienced San Diego motorcycle accident attorneys fight for injured riders, ensuring that the right parties are held accountable.
Here’s what you need to know about liability in motorcycle accident cases in San Diego.
Negligence is the failure to use reasonable care to prevent harm to others. A person is negligent if they do something that a reasonably careful person would not do in the same situation. (Judicial Council of California Civil Jury Instructions No. 401.)
To establish driver negligence, you must prove the following:
(Judicial Council of California Civil Jury Instructions No. 400.)
Most motorcycle crashes happen because another driver was careless or reckless. Common examples of driver negligence include:
Your attorney will gather evidence, such as:
In most cases, the negligent driver’s insurance company is responsible for paying compensation. If they refuse to offer a fair settlement, you may need to file a lawsuit.
Not all motorcycle crashes are caused by negligent drivers—some result from defective motorcycles or faulty parts. If a manufacturing defect contributed to your accident, the motorcycle company may be held strictly liable.
To win a product liability case, your attorney must prove:
(Judicial Council of California Civil Jury Instructions No. 1200, 1201, 1245.)
A motorcycle accident attorney can work with engineers and safety experts to examine the bike and identify defects. If a manufacturer is found liable, you may be able to recover compensation through a lawsuit against the company.
Sometimes, dangerous road conditions play a role in motorcycle accidents. Unlike cars, motorcycles are more vulnerable to potholes, loose gravel, and uneven pavement. If a poorly maintained road caused your accident, the government agency responsible for road upkeep could be held liable.
If your crash was caused by a dangerous road condition, you may be able to file a claim against the City of San Diego, Caltrans, or another government agency. However, government claims have strict deadlines—you must file a notice of claim within six months of the accident.
California follows a pure comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover compensation—but your total award will be reduced by your percentage of fault.
If a court finds that:
Insurance companies often try to blame motorcyclists for their own injuries by arguing that:
An experienced motorcycle accident lawyer will fight back against these tactics and ensure that you aren’t unfairly blamed for an accident that wasn’t your fault.
Unfortunately, many drivers in California are uninsured or carry only the minimum required coverage. If you were hit by an uninsured or underinsured driver, you may still have options for compensation:
Your attorney will explore every possible avenue to ensure you receive the compensation you need.
Navigating liability issues in motorcycle accidents can be challenging. At Hulburt Law, we:
Our award-winning motorcycle injury attorneys, Conor and Leslie Hulburt, have secured millions for accident victims. We know the biases motorcyclists face, and we fight to ensure you get fair treatment and full compensation.
If you were hurt in a motorcycle crash in San Diego, don’t wait. California has strict deadlines for filing claims, and insurance companies are already working to minimize your payout.
Call Hulburt Law today or complete our contact form for a free case evaluation. The Truth Demands Justice.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.