San Diego Motorcycle Accident Lawyer

    Motorcycles lack the safety features that automobiles and other vehicles have. This makes motorcycles more dangerous for their riders, especially since they share the road with large vehicles. Most owners of motorcycles understand the risks that they face when they take off on their motorcycle. They enjoy the thrill and are often avid about the history of the bikes. When an accident happens, it can have devastating consequences, and this is when the help of a San Diego motorcycle accident lawyer becomes necessary.

    Motorcycle Helmet Requirements in San Diego

    The state of California requires that all riders or passengers on a motorcycle wear a helmet. This regulation can is CVC§27803 and can be found in the DMV’s motorcycle handbook. The required helmets to be worn while on a motorcycle requires that it meet the United States Department of Transportation’s helmet standards. These standards are FMVSS 218.

    Characteristics of a Department of Transportation approved helmet:

    • The inner lining of the helmet will be thick. If the liner meets the federal standards, they are usually about an inch thick and made of firm polystyrene foam.
    • The chin straps and rivets on the Department of Transportation approved helmet are quality materials that do not come off the helmet when pressure is applied.
    • The weight of the helmet should be around three pounds in weight. The lighter design helmets are not safe and not backed by the FMVSS 218 standards.
    • The design of the helmet is specific. There is nothing that will stick out more than two-tenths of an inch from the surface of the helmet. Most of the Department of Transportation FMVSS 218 standard helmets include a face shield.
    • Every helmet approved by the Department of Transportation will have a sticker affixed to it that reads DOT.

    Some helmets are being released as “DOT” approved. However, these scam helmets do not meet all of the requirements for inner lining and weight and are often adorned with décor.

    How DOT-Rated Helmets Protect In Motorcycle Accidents

    Most motorcycle accidents result in injury, depending on the rate of speed the parties were going at the time of the accident. When motorcycle accidents occur, the rider is most likely going to sustain some injury. One injury that leads to fatality is head injuries. The DOT-rated helmets help reduce the impact the head takes while in an accident. The thick inner lining is shock absorbing. This means that by the time the pressure reaches the rider’s head, it has been absorbed by the helmet, for the most part.

    Motorcycle head injuries, especially without a helmet on can lead to various injuries such as concussion, brain bleeds, and traumatic brain injuries. Even if the injury is not fatal, it can still have long-term effects on the motorcycle rider. They may never live the same quality of life they had before the accident.

    Tips for Staying Safe on a Motorcycle

    When riding a motorcycle, certain things can be done to help ensure a higher level of safety. These include:

    • Motorcycle and Advanced Motorcycle Safety Courses
    • Wearing Protective Gear While Riding
    • Obeying the Traffic Laws
    • Being Observant While on the Road
    • Remaining Visible at All Times
    • Carrying a First-Aid Kit for minor injuries

    Damages Pursued By a San Diego Motorcycle Accident Lawyer

    When a motorcycle accident injures someone, motorcycle accident lawyers step in to help file the lawsuits for compensation from the insurance company or the liable party. TorkLaw offices in San Diego have helped with numerous motorcycle accident injury claims and know just how to pursue the full extent of damages that are entitled to these clients.

    • Economic Damages
      • The economic damages are the ones that a quantity can be assigned to. These types of damages often include:
        • Loss of income
        • Medical bills and therapy expenses
        • Other rehabilitative therapies
        • The loss of future earning capacity
      • Non-Economic Damages
        • These types of damages are not easily assigned a quantity and are often highly fought by the defense.
        • Pain
        • Suffering
        • Loss of enjoyment with life after the accident
        • Loss of identity or being in the groups one used to be around
        • Permanent injuries including disabilities or disfigurements caused by the accident
      • Punitive Damages
        • These are damages that may be given as part of a judgment or jury verdict with no other reason than to punish the defendant for the accident. The principle is the same as the fees in criminal cases.

    Proving the Guilty Party in a Motorcycle Accident

    Much like a personal injury case, an Orange County motorcycle accident lawyer is going to have to prove the negligence of the defendant in the motorcycle accident claim. Four elements are used to help prove this negligence.

    1. Drivers on the road have a legal duty to drive safely and respect the law, and this includes motorcycles and any other vehicle that can drive on the road.
    2. The duty has been breached when the driver does not drive safely and respect the law.
    3. The injuries were inflicted by the negligence of the defendant, which caused harm.
    4. The breach of duty by the negligent driver is the cause of the injury, and they may be liable for the damages for the injuries sustained.

    Once the motorcycle accident lawyer can prove these elements, they can begin building upon the information and make a case for the courts. A case of this type may become settled between the lawyer, plaintiff, and the insurance company.

    Your San Diego Choice for Motorcycle Accident Lawyers

    Located in San Diego, the law offices of TorkLaw accept more than just personal injury cases. These experts in their legal practices also take on motorcycle accidents and help victims obtain the compensation they need.

    If you have been injured in a motorcycle accident, the San Diego law office of TorkLaw is standing by to hear your case. You can receive your free case consultation by calling toll-free at 888.845.9696. Our legal experts will review your case and offer their expertise on your personal situation.

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