Practice Areas
Motorcycle Accident Lawyer in San Diego & Carlsbad
You’re Not Alone In Motorcycle Accident Cases
Motorcycle accidents often lead to serious injuries, expensive medical bills, and emotional suffering for victims and their families. However, you may be entitled to financial compensation if another person’s negligence led to the crash. With precision and a commitment to doing the job right, our motorcycle accident attorneys in San Diego are ready to help you fight for justice.
The number of licensed motorcycle drivers in California increased by 45.6% between 1998 and 2008. Over that 10-year period, there has been a staggering rise in fatalities and injuries to motorcycle drivers – a 164.5% increase in the number of motorcyclists who were killed, and an 85.8% increase in the number of motorcyclists who were injured. A majority of the fatal or serious injuries sustained by motorcyclists were to their head or neck.
When another driver’s negligence causes injury to a motorcyclist, the driver and/or owner is responsible for your damages. If you have been injured in a motorcycle accident, you need a personal injury lawyer. At Kroger-Diamond & Campos, we will contact the at fault driver’s insurance company for you, file your claim, make the necessary reports to the Department of Motor Vehicles, and aggressively pursue your claim to settlement or trial.
More than half of collisions between motorcycles and other vehicles are caused by drivers who fail to yield the right of way to the motorcyclist; for example, drivers who make left turns in front of you, or cars that pull into your lane from side streets or driveways. While there is more potential for this to occur at an intersection, drivers can also violate your right of way when you are passing parked cars along the roadway, such as when a driver pulls away from a curb without looking, when a car door is opened into your traffic lane, or especially when a driver makes a U-turn in front of you. You are also at risk for a sideswipe while you are being passed on a roadway, or a rear end collision if you are being followed too closely.
Roadway conditions can also pose a threat to motorcyclists. Defects such as potholes or uneven pavement, malfunctioning traffic signals, road signs that are not visibly placed, or poor design or construction of the roadway can all contribute to a motorcycle crash. When this happens, the entity responsible for designing, building, or maintaining the roadway may be liable for your injuries. Keep in mind that in many instances, at least one of the responsible parties will be a government entity, such as the state, county or city. The deadline for filing claims against government entities is very limited, usually only six months. You should consult a personal injury attorney as soon as possible to protect your rights.
If poor design, manufacturing, or assembly of your motorcycle caused or was a contributing factor in your crash, you may have a claim against the manufacturer. Also, if a failure of your safety equipment, such as your helmet or protective clothing, contributes to the severity of your injuries, the manufacturer or seller of the equipment may be held liable.
Common Motorcycle Accident Locations in San Diego & Carlsbad
San Diego County ranked as the county with the third-highest rate of motorcycle crash fatalities in California in 2024. Distracted drivers, excessive speed, road hazards, and rapid lane changes are among the leading causes of motorcycle accidents in the county.
Collisions occur most frequently at busy intersections and on crowded freeways in California, including San Diego and Carlsbad, especially on roadways with multiple turning lanes and areas of low visibility. Some of the most common locations for a motorcycle accident in San Diego or Carlsbad include:
- Interstate 5
- Interstate 8
- Interstate 15, between Scripps Poway Parkway and Miramar Way
- The intersection of University Avenue and 52nd Street
- The intersection of University Avenue and Marlborough Avenue
- The intersection of Broadway and 6th Avenue
- Carlsbad Boulevard
- Palomar Airport Road
- The Shoppes at Carlsbad
- LaCosta Avenue
California Lane Splitting Laws
California is the only state in the U.S. where lane splitting, also known as lane filtering or sharing, is legal. Motorcycle riders are allowed to ride in the same lane between rows of stopped or moving vehicles without penalty as long as they follow California Highway Patrol guidelines for lane splitting, including:
- Maintaining a safe speed
- Considering road conditions, such as weather, visibility, and traffic
- Staying alert for movement from other vehicles on the road
- Avoiding lane splitting near on and off ramps
- Being prepared to respond to mistakes from other drivers
- Obeying all traffic laws
Other drivers are not allowed to intentionally block lane-splitting motorcyclists. While lane splitting is completely legal in California, it’s still considered risky and can be used as a factor in San Diego motorcycle accident claims.
Motorcycle-Specific Injuries
Motorcyclists are more vulnerable to certain types of injuries than drivers of other vehicles since they aren’t protected by a metal frame, doors, and a roof. Consistent use of a helmet helps to protect the head, brain, and face from severe injury and has been shown to be 37% effective in preventing motorcycle crash deaths.
Common motorcycle-specific injuries include:
- Road rash
- Broken bones
- Cuts and lacerations
- Facial injuries
- Burns
- Traumatic brain injury
- Spinal cord injury
- Amputations
- Organ damage
San Diego County Motorcycle Accident Statistics
San Diego County had 1,385 motorcycle accidents resulting in injury or death in 2021. The rate of accidents involving motorcycles is 3.5 times higher than the overall traffic accident rate for all other types of vehicles, averaging 1,620 wrecks per every 100,000 registered motorcyclists in San Diego County.
The county ranked in the top five for fatal motorcycle collisions in 2022, with the majority of severe and fatal accidents happening on weekends and between the hours of noon and 6 p.m.
- 1,620 Motorcycle Accidents Per 100,000 Registered San Diego Motorcyclists
- 3.5X Higher Annual Incident Rate Than Any Other Form of Transportation
- Ranked Top 5 Most Fatal Motorcycle Collisions in 2022
Motorcyclist Bias & the Effect on Cases
Unfortunately, bias still exists against California motorcycle riders. They are often blamed for accidents, making legal claims more challenging. A motorcycle’s lighter weight and smaller size make riders more vulnerable to serious injury by larger, heavier vehicles.
The team at Kroger-Diamond & Campos will represent your interests as a motorcyclist and fight for fair compensation for the injuries you sustained in a San Diego motorcycle crash.
You Can Rely On Our Extensive Experience
Our attorneys provide a personalized touch and the attention to detail your case deserves. You and your family are our priority, and our approach to your case reflects your unique needs and goals.
If you’re struggling with unfair insurance adjusters and piling bills after a motorcycle crash in the San Diego area, you need a skilled advocate in your corner. We offer free, no-obligation consultations, so you have nothing to lose by speaking with our team. Contact us now to schedule your case evaluation.
Motorcycle Accident FAQs
Here are answers to your most pressing questions about motorcycle accidents in San Diego.
Stop and get to safety if you can. Call emergency responders and seek treatment right away for any injuries you sustained. Keep a record of all medical treatments and procedures, as well as copies of hospital bills. Contact a San Diego personal injury attorney for a complete review of your case.
Motorcycle accident settlement amounts vary widely depending on who is at fault, the circumstances of the collision, and the extent of a victim’s injuries. Legal compensation can range from a few thousand dollars to millions for more severe crashes.
Based on California’s statute of limitations, you typically have two years from the date of an accident to file a claim. If you miss the deadline, you may forfeit your right to compensation.
An experienced personal injury attorney is knowledgeable about the evidence you will need to pursue a successful motorcycle accident claim. Additionally, they are experts in negotiating with insurance companies on your behalf.
Copies of your medical records and bills, photos of the accident scene, and eyewitness accounts serve as powerful evidence in a motorcycle accident case.
At the Law Offices of Kroger-Diamond & Campos APC, we have dedicated our practice to helping injury victims in the San Diego area take legal action. Our experienced motorcycle accident attorneys tirelessly advocate for our clients to reach the best possible outcome for each case. Our legal services include:
- Legal guidance and support throughout the claims process
- A thorough investigation to determine what caused the crash
- Collection of evidence to prove negligence and build a strong case
- Calculation of available damages to include in your claim
- Assertive negotiations with insurance companies to reach a fair settlement
- Mediation or trial representation when settlement offers are unreasonable
When you work with our team, we ensure you are treated fairly and receive the care you need as we fight for the maximum compensation allowed under California law. We handle your case from start to finish so you can focus on your recovery and getting back on your feet.
If you or a loved one suffered injuries in a San Diego or North San Diego motorcycle crash, you may qualify to recover both economic and non-economic damages.
Economic damages are the financial losses caused by the accident. Examples include:
- Medical bills
- Cost of future medical care
- Lost wages
- Loss of earnings capacity
- Property damage
Motorcycle accident victims suffer more than just monetary losses. Non-economic damages you can claim are:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement
It’s vital to work with an experienced motorcycle crash lawyer to identify your qualifying damages and determine the full value of your claim. Contact our team to learn what your case may be worth and how we can help you secure the compensation you deserve.
Under California’s comparative fault rule, motorcycle accident victims can still claim compensation for damages when they are partially at fault for the crash. However, the amount you receive is reduced by your percentage of fault.
For example, you may have sustained $20,000 worth of damages in a motorcycle accident. Because a jury decided that you are 50% responsible for the accident and your damages, your award is reduced to $10,000.