Category: motorcycle accident fatality

Motorcyclist Safety & Insurance Coverage

In a collision involving a motorcyclist and an automobile, the motorcycle rider bears a much greater risk of severe injuries or death.

On June 15, 2018, in the early hours of the morning, a motorcyclist collided with a car driven by a young driver in downtown San Diego. On June 22, 2018, a week after the accident, the motorcyclist died from the injuries he sustained in the collision. After he was hospitalized, his family turned to GoFundMe to help raise money to pay for some of the medical expenses.

This family’s situation presents a common concern and big problem for motorcyclists and their families who are injured or killed in motorcycle vs. car accidents. Who is going to pay the medical bills?

Every motorcycle rider should protect himself by purchasing at least $100,000 of UM/UIM insurance coverage. Uninsured Motorist (UM) and Underinsured Motorist (UIM) auto insurance coverage is a must buy for any Motorcyclist. UM/UIM pays the motorcycle rider for his medical expenses, lost wages and general damages, if the other driver of the truck or car that hit him has NO INSURANCE or LOW LIMITS.

According to a 2017 study, the Insurance Research Council calculated about 1 out of every 8 drivers in the United States is currently uninsured. Even if the other driver is insured in California, the law only requires liability policy limits of $15,000 per person and $30,000 per incident. This minimum insurance WILL NOT BE ENOUGH to cover a motorcyclist’s injuries in an Auto vs. Motorcycle accident.

By state law, insurance companies are required to offer UM/UIM coverage. Do not sign a WAVIER of UM/UIM. Your insurance company is required to include this type of coverage in its policy, and we recommend you increase UIM/UM coverage to at least $100,000 but preferably $300,000, because most motorcycle accidents will result in damages in excess of $100,000.
Underinsured Motorist coverage can help cover costs by paying the difference when the other driver’s insurance is not sufficient to cover the costs of your injuries. For example, if the at-fault auto driver’s insurance policy limits are $15,000 and the motorcyclist has UM/UIM limits of $100,000, the motorcyclist can get up to $85,000 in additional monies from his own insurance company to cover his expenses and general damages.

Motorcyclists almost always suffer serious injuries in collisions with automobiles or trucks so they need sufficient UM/UIM coverage. The Goetz Law Firm can answer UM/UIM coverage questions at 858-481-8844. Talk to an Attorney now. We are here to help you.

Fatal Motorcycle Accidents and Claims against Government Entities

On June 24, 2018, three motorcycle accidents occurred in the span of three hours, resulting in two injured riders and one fatality.

At 11:30 a.m. a man was fatally injured in Encinitas when his motorcycle collided with a San Diego County Sheriff’s patrol vehicle. The motorcyclist was heading northbound when the southbound deputy made a left turn in front of him and a collision occurred. It is not clear which driver was at fault or possibly it is a comparative negligence situation but the family may be looking to make a claim against the San Diego Sheriff’s Department or the City of Encinitas. It is important to know that a claim against a governmental entity MUST be filed within 6 MONTHS of the date of the incident/injury.

See California Government Code Section 911.2(a) which states:

A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented . . . not later than six months after the accrual of the cause of action.

Dealing with the motorcycle accident injuries or death can be stressful, complicated and discouraging, but we are here to guide you through the process and give you the help you deserve. Call the Goetz Law Firm at 481-8844.