Speeding is common among motorcyclists in California. Because of its compact size, it is easier to overtake larger vehicles and aggressively ride in groups. When a two-wheeler is at a much higher speed than the speed limit, it is difficult to retain control, causing severe accidents. Around 2229 motorcycle accidents were reported in 2021 according to the Motorcycle Crash Report by the Transportation Injury Mapping System (TIMS).
If you have been injured in a speeding motorcycle accident in San Diego, working with an expert attorney can help you attain fair compensation from the defendant. Contact us for a free consultation where our attorneys will review your case and show you the best approach to it.
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How Does Speeding Lead To Serious Motorcycle Accidents?
When one exceeds the speed limit, there is a higher chance of losing control, causing collisions with other vehicles. Here are some risks of speeding motorcycles:
When a motorcycle is speeding and weaving in and out of lanes through traffic, the driver of other vehicles may not notice them. When a biker is not visible in the rearview of larger vehicles, serious accidents may happen.
Extended stopping distance
Speeding vehicles take longer to stop after hitting the brakes. This can cause collisions or serious accidents if there are any hazardous road conditions.
Less time to react
A two-wheeler requires more effort in balancing as compared to four-wheelers. It is more difficult to react and save oneself when sudden circumstances like road debris, the vehicle in the front suddenly stopping, lane changes, pedestrians, or animals on the road appear.
Unlike a car or a bus, there is no extra layer of protection in a motorcycle. Therefore, the forceful impact increases the chance of the biker being thrown off the bike leading to severe injuries.
Why Choose Shamon Law As Your Personal Injury & Accident Lawyers?
An injury can leave you with mounting medical expenses, lost income, and an inability to participate in your life fully. No accident victim should be left to fend for themselves.
Shamon law understands how important these cases are for our clients. Our experience includes going up against the big insurance companies and winning. We use our expertise to develop powerful cases, negotiate the best possible settlements, and win cases at trial.
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Motorcycle Speed Limit Laws And Regulations
A motorcycle must follow all the traffic rules. They are required to stay within the speed limit at all times to prevent any consequences or accidents. As per the Motorcycle Handbook by the DMV instructions, the rider should be able to comfortably reach the goring with their feet when seated on their motorcycle.
A standard motorcycle must have:
- tires that have sufficient air pressure,
- Front and rear brakes
- a working headline, taillight, brake light, and indicator,
- A working horn
- Two side mirrors
- A minimum tread depth of 2/32 (1.6mm) in the tire
At the same time, California Vehicle Code 27803 states that all divers as well as passengers must wear a safety helmet that meets safety standards.
Common Injuries From Speeding Motorcycle Accidents
A motorcyclist caught up in a speeding accident is prone to incur severe injuries. Some of the most common injuries reported in San Diego are:
- Traumatic Brain Injuries (TBIs)
- Head injuries
- Spinal cord injuries
- Leg and arm fractures
- Road rash
- Internal Bleeding
- Organ Damage
Fatal Injury Accident Claims in San Diego
Sadly, speeding motorcycle accidents often lead to fatal injuries. According to a statistics report of 2019 by the California Department of Motor Vehicles (DMV), 533 fatalities from speeding motorcycle accident was recorded.
If you have lost your loved one to a fatal motorcycle accident caused by someone else’s fault, wrongful death compensation can be a form of closure or justice so that the defendant doesn’t repeat their negligent behavior in the future. We will help you through all the procedures with the defendant’s insurance company, as well as through the litigation process if necessary, for your wrongful death claim against the defendant.
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Proving Liability In Speeding Motorcycle Accidents
You need solid evidence to prove liability for a speeding motorcycle accident.
For one, the nearby vehicle occupants or pedestrians may have witnessed the motorcycle speeding right before the accident. Witness testimony is another strong piece of evidence.
An expert witness, like a mechanic who can examine the damaged parts of the motorcycle or a medical practitioner who can study the injury, can also identify whether the damage or the injury was an outcome of speeding vehicles. On the other hand, a speeding motorcycle accident attorney can also look into a driver’s past traffic conviction for speeding to identify a pattern of negligence in the defendant.
Types of Damage Compensations
There are three types of damage compensations that can be recovered from motorcycle accidents.
Economic damage compensation includes:
- Your medical expenses
- Ambulance cost
- Any medication cost
- Cost of therapy, physiotherapy, or rehabilitation
- Property repair expenses
- Compensation for the lost hours at work
Non-economic damage compensation covers for:
- The pain and suffering endured from the injuries.
- Any form of temporary or permanent degradation in the quality of life.
- Loss of consortium or any pleasurable things in life.
- Therapy costs for emotional trauma caused as a result of the accident.
In some accident cases, the court charges the defendant with punitive damage compensation if they were guilty of the following actions on the road:
- Negligently speeding by disregarding the safety of others
- Careless or reckless behavior
- Drinking and speeding
- Road rage, i.e., aggressively riding at a high speed
- Intentionally weaving in and out of traffic at a high speed
When To Consult With A San Diego Motorcycle Speeding Accident Lawyer?
You must immediately contact a motorcycle speeding attorney after receiving medical care for your injuries. We will immediately review your case and suggest the best way to proceed. It is extremely important to talk to your lawyer before talking or responding to the defendant’s insurance company. We will give you the best advice when it comes to handling the insurance company, and once you hire us, we will communicate with them for you.
After an accident, you may not be familiar with all insurance policies and your legal rights in the case. It is our duty to educate you on that and help you understand the case from a legal perspective so you know what’s best for you and how much you are eligible to recover.
Filing A Lawsuit For Speeding Motorcycle Accident Case
If the settlement meeting fails to give you deserving compensation, you may need to file a lawsuit against the defendant or their insurance company to demand one. We will solidify your claim with concrete evidence for the parts of the case that the defendant may have pointed out and disagreed with in the settlement meeting. After filing a lawsuit, the statement will be made before a judge or a jury on the trial, and they will come out with a verdict.
California Statute of Limitation
According to the California Statute of Limitation, you have 2 years to file a lawsuit for personal injuries and 3 years for property damages from the date of the accident. In case your injuries were discovered later, you have 1 year from the discovery date to file the lawsuit.
Contact A Top-Rated Motorcycle Accident Law Firm Today
It is difficult to handle a personal injury case when you are still recovering from injuries and with limited experience with legal and insurance policies. The best thing to do for fair and smooth handling of a case is to seek legal advice from a top-rated motorcycle speeding accident lawyer immediately.
When we take on an accident case, our team of professional motorcycle accident attorneys works aggressively to bring out strong evidence that supports your claim. At Shamon Law, we work with a wide range of resources including expert witness opinions to solidify your claims. If you or your loved one have been injured in a San Diego motorcycle speeding accident, call us at +1 619 458-3539 for free guidance on your case.