Motorcycle Accident Lawsuit Process: A Step-by-Step Guide for San Diego Riders

If you've been injured in a motorcycle accident in San Diego, you may be facing mounting medical bills, lost wages, and a long road to recovery. When an insurance company refuses to offer a fair settlement—or denies your claim altogether—filing a lawsuit may be your best option.

At Hulburt Law, we fight for injured motorcyclists and their families. Our award-winning trial attorneys, Conor and Leslie Hulburt, are ready to take on insurance companies, negligent drivers, and corporations to ensure you receive the compensation you deserve.

Here’s what you need to know about the motorcycle accident lawsuit process in San Diego.

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Step 1: Seek Medical Attention & Document Your Injuries

Why It’s Important

Immediately after an accident, your health is the top priority. Even if you feel “okay,” some injuries take time to appear, and untreated injuries can get worse.

What You Should Do:

• Go to the emergency room or urgent care ASAP.
• Follow your doctor’s treatment plan (this strengthens your case).
• Keep all medical records, bills, and receipts.

How It Affects Your Case:

• Medical records serve as crucial evidence to prove the severity of your injuries.
• Delaying medical treatment can hurt your claim—insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident.

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Step 2: Consult a Motorcycle Accident Attorney

Why You Need a Lawyer

Insurance companies often try to blame motorcyclists for their own injuries or offer lowball settlements. An experienced motorcycle accident attorney protects your rights and fights for maximum compensation.

What Happens During a Free Consultation?

• Your lawyer reviews the details of your accident.
• You discuss your injuries, medical expenses, lost wages, and pain & suffering.
• The attorney explains your legal options and next steps.

At Hulburt Law:

• We offer free case evaluations—you pay nothing unless we win.
• We investigate your case from day one to build the strongest claim possible.

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Step 3: Investigation & Gathering Evidence

Once you hire an attorney, they launch a full investigation to gather the evidence needed to prove who was at fault.

Key Evidence in a Motorcycle Accident Case:

• Police Reports – Documents details of the crash & fault determination.
• Photos/Videos – Damage to your bike, road conditions, skid marks, and injuries.
• Witness Statements – Testimony from bystanders and other drivers.
• Traffic & Surveillance Footage – Video evidence from nearby cameras.
• Phone Records – To prove distracted driving if the driver was texting.
• Accident Reconstruction Experts – Help determine exactly how the crash occurred.

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Step 4: Filing an Insurance Claim & Negotiating a Settlement

Before filing a lawsuit, your attorney may try to settle your case out of court by negotiating with the at-fault driver’s insurance company.

Insurance Company Tactics to Watch For:

• Blaming the motorcyclist – Claiming you were speeding or reckless.
• Delaying the claim – Hoping you’ll give up or accept a low offer.
• Offering a low settlement – Trying to settle quickly for less than you deserve.

Your Attorney’s Role:

• Handles all communication with the insurance company.
• Rejects unfair settlement offers and fights for full compensation.
• Prepares to file a lawsuit if the insurance company refuses to negotiate fairly.

If a fair settlement is reached, you will sign an agreement, and the case ends. If negotiations fail, your lawyer will move to the next step: filing a lawsuit.

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When a motorcyclist has suffered catastrophic injuries and there is substantial insurance coverage (i.e., a commercial auto or umbrella policy), it is usually best to proceed with filing a lawsuit, rather than attempt to negotiate a settlement before filing. Early negotiations can weaken your bargaining position, and insurance companies will not pay full case value without the discovery that takes place in a lawsuit.  

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Step 5: Filing a Motorcycle Accident Lawsuit

How a Lawsuit Works:

If the insurance company refuses to offer fair compensation, your lawyer will file a lawsuit in civil court against the at-fault party.

What Happens Next?

• Complaint Filed: Your lawyer files a legal complaint, outlining your injuries and damages.
• Defendant is Served: The at-fault driver (defendant) is formally notified of the lawsuit.
• Defendant Responds: They must admit or deny responsibility for the accident.

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Step 6: Discovery Phase (Building Your Case)

During discovery, both sides exchange evidence and gather witness testimony.

Key Parts of Discovery:

• Depositions – Your attorney questions the at-fault driver and witnesses under oath.
• Document Requests – Both sides request medical records, accident reports, and other key documents.
• Expert Testimony – Your lawyer may bring in medical experts or accident reconstructionists to prove your case.

This phase is crucial because it determines the strength of your case and often leads to a settlement before trial.

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Step 7: Mediation & Settlement Negotiations Continue

Before trial, mediation may be required. This is where both sides meet with a neutral third party to try to reach a fair settlement.

What If the Case Settles?

• You receive compensation without going to court.
• The lawsuit is dismissed once the settlement is finalized.

If no settlement is reached, the case moves to trial.

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Step 8: Trial & Court Proceedings

If your case goes to trial, your attorney presents evidence before a judge and jury.

What Happens in Court?

• Opening Statements – Both sides explain their case.
• Presentation of Evidence – Witnesses testify, and expert opinions are presented.
• Cross-Examination – The defense challenges your evidence, and your attorney fights back.
• Closing Arguments – Both sides make final statements.
• Verdict & Compensation Award – The jury decides how much compensation you receive.

At Hulburt Law, we prepare every case as if it’s going to trial to ensure we are ready to fight for maximum compensation.

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Step 9: Receiving Your Compensation

If you win your case or settle, you receive your compensation payout. Your settlement or verdict may cover:

• Medical Bills (Past & Future)
• Lost Wages & Reduced Earning Capacity
• Pain & Suffering
• Property Damage (Motorcycle Repairs or Replacement)
• Punitive Damages (If the Driver Was Reckless or Drunk)

Your attorney will ensure that all outstanding medical bills and liens are properly handled, so you get the most out of your settlement.

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Why You Need a San Diego Motorcycle Accident Lawyer

Insurance companies do not have your best interests in mind. A skilled San Diego motorcycle accident attorney:

• Fights for maximum compensation so you aren’t left with unpaid medical bills.
• Handles all legal paperwork and deadlines so you can focus on healing.
• Negotiates aggressively to get the best possible settlement.
• Takes your case to trial if necessary and fights for you in court.

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Injured in a Motorcycle Accident? Call Hulburt Law Today.

At Hulburt Law, our trial attorneys Conor and Leslie Hulburt have secured millions in compensation for seriously injured clients. 

• Free Consultation – No Fees Unless We Win
• Millions Recovered for Injured Clients
• Experienced Trial Lawyers Who Fight for Riders

Call us today to schedule your free case evaluation. The Truth Demands Justice, and we’re ready to fight for yours.

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Related Content:

• Compensation for Motorcycle Accident Victims in San Diego: What You Can Recover
• Liability Issues in Motorcycle Accidents: Who’s Responsible in San Diego?

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