Generally speaking, it is extremely important to file a claim even if you think you may bear some responsibility for the crash. Yet perhaps even more importantly, you should know the proper steps for moving forward with your claim to give yourself the best chance at obtaining full compensation for your losses.

Do Not Admit Fault—Even if You Think You Might be Partially to Blame

The first thing to know about seeking financial compensation for your motorcycle accident injuries is that you should never admit fault. Even if you think you may bear some responsibility for the accident, you should never provide this information to law enforcement officials at the scene or to any insurance adjusters. You will need to provide factual information to law enforcement officials at the scene, which is important to do. When you contact your insurance company, you will also need to provide basic information about the facts concerning the collision. However, you should never tell an insurance company that you think you might be partially to blame.

Keep in mind that insurance companies are not on the side of any insured. Rather, insurance companies and adjusters are thinking about their own bottom line. If an insurance company thinks you might be responsible for a crash, it may attempt to lower the settlement offer. If an insurance company can avoid paying out a claim altogether, it will certainly do so. Accordingly, only state the facts and keep your thoughts about liability to yourself until you speak with a motorcycle accident attorney.

Know That You can Still Obtain Damages Even if a Court Says You are Partially at Fault

Whether you are seeking a settlement from an insurance company or end up taking your case to court, it is important to know that you can still receive compensation even if you are partially to blame. To be clear, it is still worth it to seek compensation even if you think you bear some responsibility for the crash because California law still allows you to obtain damages.

Under California’s comparative fault law, whether a plaintiff is 1% or 99% at fault, the plaintiff can recover compensation. However, the plaintiff’s damages award will be reduced by the plaintiff’s percentage of fault. In California, comparative fault does not bar a plaintiff’s ability to recover.

Contact a Rancho Bernardo Motorcycle Accident Attorney

Were you involved in a motorcycle accident in Rancho Bernardo? If you suffered injuries because of another motorist’s negligence, it is essential to file a claim for financial compensation. An aggressive Rancho Bernardo motorcycle accident attorney at our firm can begin working on your case today. Contact the Walton Law Firm for more information about motorcycle accident lawsuits in California.

See Related Blog Posts: Motorcycle Crash Rates Increase in Southern California (and North County) Motorcycle Awareness Month in Valley Center

Whether you are in North County or another part of San Diego County, it is important to know that motorcycle crashes, and auto accidents more generally, are on the rise. While California does not have the deadliest roads in the U.S., it certainly does not have the safest ones, either.

According to a recent report in the Patch, traffic collisions are the leading cause of death for Americans under the age of 55. Motorists in California should know that there were 3,623 deaths in motor vehicle crashes in 2016—one of the highest rates in the country—and that the road death rate is 9.2 per 100,000. Those figures place California at a rank of 38th in terms of the deadliest state roads in the country. Many of those collisions could be prevented, and the numbers are even worse when we look at motorcycle accident fatalities.

Motorcycle Accidents are Common in California

A recent article in The Mercury News cites the growing rate of motorcycle accident fatalities on California highways, neighborhood streets, and rural roads. In particular, the rate of deadly motorcycle crashes continues to rise in Southern California, including in San Diego County. As the article emphasizes, motorcycle crash deaths have become so common in Southern California that they have ceased to be “particularly newsworthy.” In any given month, there are dozens of motorcycle accidents in the state, and a majority of these collisions “garner only a few sentences in the newspapers.”

Since 1997, motorcycle crash rates in Southern California have more than doubled. To put that statistic another way, in the last 20 years, motorcycle fatalities have increased by more than 100%. Safety advocates refer to the increase as a “silent epidemic,” underscoring that many of these deaths happen during the summer months. July, in particular, is usually the most deadly when it comes to motorcycle accidents in the state.

In response to the growing rate of crashes, state authorities have developed public awareness campaigns, have provided free fluorescent vests to motorcyclists, and have created motorcycle safety classes. These efforts have been insufficient given that they have not reduced the rate of deaths (and in fact, as we noted, those rates have risen dramatically). Why are so many motorcycle crashes happening in Southern California?

Lane Splitting is Now Legal—and Dangerous—in California

One reason that motorcycle accidents have increased this year, commentators suggest, is the implementation of a new lane-splitting law in California. In 2017, lane splitting was legalized in the state, with those in favor of it arguing that it would help with traffic congestion and would help to prevent motorcyclists from overheating in the high Southern California temperatures. Some people who support the law suggest that making lane splitting legal helps to make riding safer because it provides boundaries for lane splitting, which motorcyclists do regardless of its legality.

Besides lane splitting, what explains the high death rates? There are more motorcyclists licensed in California than in other states, which means there are more motorcyclists on the roads. Given Southern California’s year-round warm weather, motorcyclists typically are on their bikes more often than riders in other states. Even so, the article suggests that the state needs to do more to assess the motorcycle accident death rate and to take preventive measures.

Contact a North County San Diego Motorcycle Accident Lawyer

If you were injured in a motorcycle crash, you should speak with a North County motorcycle accident lawyer about your case. Contact the Walton Law Firm for more information.

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(image courtesy of Razvan Mirel)

If you live in Valley Center or elsewhere in Southern California, now is a great time to learn more about motorcycle safety. According to a recent article in the Patch, May is Motorcycle Safety Awareness Month in California, and the California Highway Patrol (CHP) is taking steps to prevent serious and deadly motorcycle accidents throughout the state. Although the weather is warm enough year-round for motorcyclists to enjoy the streets and highways of Southern California, it is a fact that more bikers are on the road in the spring and summer months. As such, it is an important time to assess previous motorcycle safety problems and to institute better practices going forward.

High Rate of Motorcycle Accidents Last Year in California

As the article explains, we are not seeing a noticeable reduction in the rates of motorcycle accidents in California. In 2015, there were 494 motorcycle accident fatalities and more than 13,500 accident-related injuries. By 2016, the number of nonfatal accidents had increased to more than 14,000, while the fatality rate dropped, although not considerably, to 476.

Part of the reason that there are so many motorcycle accidents in California is that there is a particularly high number of licensed riders in our state. There are currently “more than 884,000 registered motorcycles and more than 1.4 million licensed riders in the state,” the article says. According to the CHP, as we mentioned, “throughout the spring and summer, the number of motorcyclists on the road will increase.”

Safety First on California’s Highways

Given the high rate of motorcycle accidents and injuries, the CHP is focused on reducing the number of motorcycle accidents and injuries and creating a safer environment for bikers. Part of that safer environment revolves around renewed campaigns to share the road, which emphasize that automobile drivers and truckers have a responsibility to motorcyclists, just as motorcyclists have a responsibility to other motor vehicles on the highway. What does the CHP recommend when it comes to sharing the road?

The CHP has the following tips for automobile drivers:

• First and foremost, stay alert to your surroundings;
• Recognize that motorcyclists can be hard to see (and thus always look twice before changing lanes or turning left);
• Use common sense when you are on smaller roads or on the highways;
• Be courteous to all other motor vehicle drivers on the road always keep safety measures in mind.

What can motorcyclists do to help prevent accidents? The CHP recommends the following:

• Always use a turn signal;
• Avoid riding in a car’s blind spot; and
• Wear a DOT-approved helmet.

Much of the May safety campaign involves raising awareness about sharing the road and understanding the differences between automobiles and motorcycles when they are on the highways together. The key is acknowledging that car drivers and motorcyclists have duties toward one another, and the sooner we take into account our own safety just as much as another driver’s, the sooner we may see a reduction in motorcycle accidents, injuries, and fatalities.

Contact a Valley Center Motorcycle Accident Attorney

If you have questions about filing a motorcycle accident lawsuit, a Valley Center motorcycle accident lawyer can speak with you today about your case. Contact the Walton Law Firm to learn more about how we can assist you.

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(image courtesy of Igor Ovsyannykov)

If you are riding on a motorcycle in San Diego, are you at higher risk of suffering injuries in an auto accident than other motorists? According to a recent article in the Ventura County Star, law enforcement officials in our state are concerned about motorcyclist safety and are conducting motorcycle safety enforcement operations in Southern California. It is important to know the risks associated with motorcycle accidents, and it is essential for bikers to understand the ways in which we can all work together to prevent deadly crashes.

Safety Enforcement Operation Targets Common Motorcycle Accident Areas According to the article, earlier this month the Ventura County sheriff’s office planned an operation to “patrol areas frequented by motorcyclists and where motorcycle crashes have occurred.” The law enforcement officers planned to keep a close eye on traffic violations committed by automobile drivers, but also by motorcyclists who share the roadways. While not all motorcycle collisions occur during daylight hours, more auto accidents happen during the daytime work week than you might think. As such, the enforcement period focused on the hours between 7:00 a.m. and 2:00 p.m.

What are some of the behaviors and violations the Ventura County sheriff’s office aimed to stop through the safety enforcement operation? Authorities are interested in both identifying traffic violations that can put other drivers and riders at risk in addition to helping motorcyclists to learn ways of staying safe on the road. Generally speaking, traffic citations can be issued for certain forms of aggressive driving, such as speeding, running red lights, and riding through stop signs. But other safety issues involving motorcycles do not necessarily allow law enforcement officers to issue citations. According to the article, the safety enforcement operation also hoped to encourage motorcyclists and automobile drivers to pay attention to the following issues:

• Knowing the importance of sharing the road, both for motorcyclists and automobile drivers alike;
• Automobile drivers looking twice for motorcyclists before turning, entering the highway, or changing lanes;
• Motorcycle riders wearing helmets and protective clothing;
• Motorcyclists only changing lanes when there is “ample room” to do so;
• Staying with the speed of traffic, particularly if you are a motorcyclist (and not speeding ahead or weaving between cars); and
• Motorcycle riders using lights at all times, even during the day.

A guide from Consumer Reports emphasizes that, while not all states require motorcyclists to wear helmets, a helmet is indeed required of all riders in California. Wearing a DOT-approved motorcycle helmet is not just an important safety decision—it is also the law.

Causes of Motorcycle Accidents Given the key issues in the motorcycle safety enforcement operation we discussed above, you may be able to guess some of the primary causes of motorcycle collisions. According to a fact sheet from the Governors Highway Safety Association (GHSA), the following represent some of the most common reasons that motorcycle accidents and fatalities occur:

• Failure to wear a helmet;
• Failure to have a valid motorcycle license and/or training;
• Impaired riding or driving (driving under the influence of drugs or alcohol); and
• Speeding.

In 2013 alone, according to the GHSA, more than one-third of all deadly motorcycle accidents involved riders who had been speeding.

Contact a San Diego Motorcycle Accident Attorney If you or someone you love suffered serious injuries in a motorcycle collision, an experienced San Diego motorcycle accident lawyer can help. Contact the Walton Law Firm today to learn more about our services.

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