Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Jessica Burgoyne
Jessica Burgoyne, leveraging a deep background in research methods and a passion for legal issues, distills complex legal concepts into accessible insights. With over 100 published articles, her work has been featured in Forbes Advisor and other respected publications. Her work, underpinned by rigorous research and a commitment to quality, offers readers trustworthy, actionable information.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
With its year-round mild weather, few places are more motorcycle-friendly than San Diego. It’s just one more reason why San Diego is a fantastic place to live. But more motorcycles means more motorcycle accidents.
If you’re involved in one, you want an attorney who has experience and skill in motorcycle accident cases. Here are ten of the best motorcycle accident lawyers in San Diego, CA.
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Best Motorcycle Accident Attorneys in San Diego
Compare Our Top Attorneys
Other Motorcycle Accident Lawyers
Filing a Motorcycle Accident Lawsuit in California
Although cars and motorcycles both get you from place to place, a motorcycle accident is different from an automobile accident. There are specific rules that apply only to motorcycles in addition to the rules that everyone on the road needs to follow.
California Statute of Limitations
The statute of limitations is the period of time you have to bring a lawsuit. It’s important to note that the case does not need to be resolved within the timeframe of the statute of limitations; it just needs to be initiated.
The statute of limitations in California is two years from the date of injury or one year from the date that the injury was discovered. For example, if an accident causes an internal injury that is not identified until more than two years after an accident, you may still be able to bring a case. Consult with an attorney for specifics about your case.
California Laws for Motorcycle Drivers
- Motorcycle license. To operate a motorcycle in California, you need a specific license. This requires you to pass a written test and a skills (or driving) test.
- Helmets are required. All drivers and passengers must wear a DOT-compliant motorcycle helmet while riding.
- Lane splitting is allowed. California allows lane splitting for motorcycles, which is the act of driving between two rows of moving or stopped vehicles. It does not allow motorcycles to ride on the shoulder of the road. This gives motorcyclists the freedom to move more agilely than cars, but it can increase the risk of injury. It should only be performed by skilled drivers.
- Passenger requirements. Passengers are allowed, but the seat must be large enough to accommodate both rider and driver without being crowded, there must be passenger footrests in place and the passenger must be tall enough to put their feet on the footrests.
- Minimum insurance requirements. Motorcyclists are required to have motorcycle insurance. The minimum amounts are as follows:
• $5000 in property damage
• $15,000 in bodily injury per person
• $30,000 in bodily injury per accident
Identifying Fault for a Motorcycle Crash
California is a pure comparative negligence state. Negligence refers to who is responsible for an accident. It is often the case that one party is not 100% responsible for any given accident. The other party may have contributed to the accident but not caused it. Each party is assigned a percentage of the damages, and the amount they can collect is reduced based on that percentage.
Let’s look at an example. Motorcyclist A is lane splitting, and a car pulls out in front of him without signaling, causing Motorcyclist A to hit Motorist B. However, Motorcyclist A was lane splitting at a high rate of speed, which isn’t allowed.
Therefore, the court determines that Motorist B is 70% responsible for the accident and Motorcyclist A was 30% responsible. Each is entitled to damages minus their percent of responsibility. Therefore, Motorcyclist A can collect 30% of their damages. Motorcyclist B can collect 70% of their damages.
Pure comparative negligence means that, even if someone was 99% responsible for an accident, they could potentially still collect 1% of their damages.
How Can An Attorney Help You?
One of the biggest advantages to hiring an attorney is that they know how the legal system works and can guide you through it. Some of the things your lawyer can assist you with include:
- Negotiating with the insurance company on your behalf. Your attorney will know what to say to the insurance company to ensure they’re giving you the best possible settlement.
- Filing a lawsuit. If the insurance company won’t pay out what they should, the next step might be to file a lawsuit. Your attorney will be familiar with the paperwork and process involved in filing a lawsuit.
- Investigation. Your attorney may interview witnesses, look for video or otherwise investigate your case. Sometimes, the evidence that they find can make a huge difference in the settlement amount.
- Taking the case to court. If the other party still won’t settle, you may have to take them to court. Your attorney will be familiar with this process as well, and will know how to argue your case in court.
Remember, motorcycle accident lawyers typically only get paid if they win your case for you. If you lose, you won’t owe anything. So, you can spend months trying to navigate the legal system on your own, or you can hire counsel who will take a huge amount of stress off your plate and only get paid if you do.
How to Find the Best Motorcycle Accident Lawyer in San Diego, CA
There is no one “best attorney” in any city or specialization. Instead, you need to find the attorney that is the best fit for you:
- Ask for recommendations. Do you know anyone who has recently been in a car or motorcycle accident? Who represented them? Would they recommend that lawyer to you?
- Check out potential lawyers’ websites. Believe it or not, you can tell a lot about an attorney from their website. Look around. Read their biography. Are they a hard-hitting, in-your-face litigator? Or are they more casual or relaxed? Which sort of person would you feel comfortable working with?
- Call their office. Although you’re unlikely to speak to an attorney when you call, the staff members answering the phones can often give you a sense of how a firm does business. After speaking with them, are you reassured that you’d like to work with that office?
- Have they handled motorcycle cases before? As mentioned above, motorcycle cases can be substantially different from other personal injury cases. You don’t need to choose someone who only handles motorcycle accidents, but it’s a good idea to work with someone who has experience with them.
- Make sure they’re comfortable going to court. The vast majority of motorcycle accident suits settle without going to court, but you need to be prepared just in case. You don’t want an attorney who can’t argue your case in court, if need be.
- Trust your gut. You and your attorney are going to be working together closely. Make sure that they are someone you’re comfortable with for the long term. If anything happens to make you think that you and a potential attorney might butt heads, it may be better to look for someone else.
Methodology
To come up with the Best Motorcycle Accident Lawyers in San Diego in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions
How old do you need to be to get a motorcycle license? How old do you need to be in order to be a passenger?
You need to be at least 15 ½ years old to get a motorcycle license in California. Applicants between the ages of 15 ½ and 21 must show proof of driver education and/or a driver training course in addition to passing the written test and the driving skills test. Applicants 21 and older are required to pass the written test and the driving skills test.
There is no minimum age requirement for passengers in California. However, passengers must be tall enough to reach the passenger foot pedals.
What about motorized scooters? Is a motorcycle license required in California?
You need a motorcycle license to operate a motorcycle or a motor-driven cycle (defined as a motorcycle with a motor size of 149 cc or less) in California. You can drive a motorized bike or a moped (capable of 30 mph or less) with any class of driver’s license. An electric bicycle (with a motor of less than 750 watts) does not require a license.
