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Motorcycle accidents can be frightening to everyone involved. The consequences of an accident can be far-reaching and widespread. They can add stress to your family, bringing concern about your physical well-being and the financial losses for your medical care. At the same time, you may be unable to provide for your family due to your recovery. It may also be unclear how long it will take you to physically recover and if you’ll be facing any type of permanent damage.
During an uncertain time, you can alleviate some of that stress by meeting with a Chula Vista motorcycle accident lawyer who can provide you with insight on the best way to proceed with your case. Contact Sargent Law Firm Injury Lawyers for a free case consultation. We can review your case and explain how a Chula Vista personal injury attorney can pursue damages for you.
Injuries Chula Vista Motorcycle Accident Victims Commonly Suffer
Motorcyclists have little protection between themselves and the road, so even a relatively minor collision can leave a rider with catastrophic injuries. Common injuries we see from a Chula Vista motorcycle accident include:
- Road rash and severe lacerations
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Internal organ damage
- Amputation or loss of a limb
Riders injured locally often first receive medical attention at Scripps Mercy Hospital Chula Vista, which operates a 24-hour emergency room. For the most severe injuries, patients may be transferred to Scripps Mercy Hospital San Diego, the county’s Level I trauma center.
Whatever the severity, these injuries often mean extensive medical treatment, months of rehabilitation, and significant time away from work, all of which should factor into the compensation you pursue.
California Laws Governing Motorcycle Accidents
California law sets specific rules for motorcyclists beyond the standard rules of the road. Riders under 21 must complete the Motorcyclist Training Course before getting a license, and every motorcyclist is expected to follow the same traffic laws as any other driver. Two of these laws matter most after a Chula Vista motorcycle accident: the helmet requirement and the deadline to file a claim.
The Helmet Law Every Rider Must Follow
One of the most important laws regarding motorcycles is that all motorcyclists are required to wear a helmet, under VEH § 27803. The helmet must also meet U.S. Department of Transportation safety standards.
The Statute of Limitations on Your Claim
Under California law, you have two years from the date of an accident to pursue a lawsuit, per CCP § 335.1. After the two-year period is up, you lose the opportunity to receive compensation for your injuries. To retain this right, we advise to speaking to our Chula Vista motorcycle accident lawyers as soon as you can.
How Insurers Use These Laws to Their Advantage
Insurance companies know these laws well, and they often use them against you. If you weren’t wearing a DOT-approved helmet at the time of your crash, an insurer may argue your injuries were worse than they should have been, reducing your settlement under California’s pure comparative fault rule. Insurance adjusters may also delay settlement negotiations, hoping you’ll wait long enough that the two-year deadline passes and your right to sue disappears entirely.
Our Chula Vista motorcycle accident attorneys know these tactics and push back on them, so an insurance company’s strategy doesn’t become your loss.
It’s free to speak with us and learn the value of your case today.
Call Us NowNegligence Laws in Chula Vista
When deciding if a driver is at fault, the court needs to determine if they were negligent. To prove negligence, an attorney must demonstrate these four elements of negligence:
- Duty of care: The general duty of care is to act as a reasonable person under similar circumstances.
- Breach of duty: The duty is broken when a person fails to act as another reasonable driver would in that situation, such as weaving in and out of lanes.
- Causation: Causation is the result of their actions or inactions; an accident occurs, and you suffer injuries.
- Damages: This reflects the economic losses you suffered, such as medical bills and lost wages, and the non-economic damages, typically identified as pain and suffering.
We should point out that causation has two factors: actual cause and proximate cause. With actual cause, under California’s substantial factor test, the other driver’s negligent act must have been a substantial factor in causing the accident. We must show that it was more than a remote or trivial factor, though it doesn’t have to be the only cause.
Proximate cause means it was foreseeable that this conduct would create a risk of harm to the person injured. For example, a driver distracted by their phone runs a red light and hits a motorcyclist who had the right of way in the intersection.
Compensation Chula Vista Motorcycle Accident Victims Can Pursue
California law recognizes the losses accident victims suffer, and injured riders can pursue fair compensation for both the financial costs of a crash and the harder-to-quantify toll it takes on their lives.
On the financial side, economic damages typically include:
- Medical expenses, from the initial ER visit through surgery, rehab, and any future care you’ll need
- Lost income during recovery, and a reduced ability to earn if your injuries affect your long-term work capacity
- Property damage to your motorcycle, gear, and any other property involved in the crash
Noneconomic losses matter just as much, even though they’re harder to put a number on:
- Pain and suffering from the physical discomfort of your injuries
- Scarring and disfigurement, particularly relevant for road rash and other visible injuries
- Loss of enjoyment of life, covering hobbies, relationships, and activities the accident has taken from you
Every insurance claim looks different once we get into the specifics. Our accident attorneys can walk through your situation and help identify what you’re actually owed.
Get a free case evaluation
Schedule NowHow a Chula Vista Motorcycle Accident Attorney Can Help
The Chula Vista motorcycle accident lawyers with Sargent Law Firm Injury Lawyers can help you by reviewing evidence and building a strong case. Whether you want to go to court or settle with the person or their insurance company, a capable and dedicated motorbike accident attorney can give you the best possible outcome.
Call us today for your free case consultation.
Chula Vista Motorcycle Accident FAQs
Is lane splitting legal in Chula Vista, and how does it affect my motorcycle accident claim?
Yes. Lane splitting is legal in California, including Chula Vista, under VEH § 21658.1. However, if you were lane splitting unsafely at the time of your accident, insurers may argue it contributed to the crash, potentially reducing your compensation under California’s pure comparative fault rule.
Does not wearing a DOT-approved helmet affect my motorcycle accident settlement in Chula Vista?
Yes. California requires all motorcyclists to wear a DOT-approved helmet. If you were not wearing one during your Chula Vista accident, insurers may argue it worsened your injuries. Under California’s pure comparative negligence, this could reduce your settlement by your assigned percentage of fault.
Can I recover compensation for road rash injuries from a motorcycle accident in Chula Vista?
Yes. Road rash injuries from a Chula Vista motorcycle accident are fully compensable. Depending on severity, compensation can cover emergency treatment, skin grafting, scarring, disfigurement, ongoing wound care, and pain and suffering. Severe road rash can result in permanent scarring, significantly increasing the overall value of your personal injury claim.
Who is at fault if a car turned left in front of my motorcycle at a Chula Vista intersection and caused an accident?
In most cases, the car driver is at fault. California law requires drivers to yield to oncoming traffic before turning left. If a driver turned left in front of your motorcycle at a Chula Vista intersection without yielding, they are typically considered negligent and liable for your injuries.
