They'll Try to Blame the Bike. We'll Prove Otherwise.
When you're injured in a motorcycle crash, the insurance company's first move is rarely to ask what happened. It's to look for a reason to blame you. At Quigley Personal Injury Lawyers, we know that playbook from the inside — and we know exactly how to counter it.
Why Motorcycle Injury Claims Are Different — and Why That Matters
Insurance companies treat motorcycle accident claims differently than car accident claims. Adjusters are trained to look for any narrative that shifts liability onto the rider. The "they knew the risk" argument. The lane splitting presumption. The suggestion that protective gear should have prevented the injury. These aren't legal arguments — they're negotiating tactics designed to reduce what you're owed.
Brennan Quigley spent years on the defense side of personal injury cases, working directly with insurers on exactly these strategies. He knows which arguments they reach for first, how they document their internal valuations, and where their cases are weakest. That experience doesn't just inform how we build your claim — it shapes how we anticipate and dismantle what's coming.
Lane Splitting Is Legal in California
California is one of the only states in the country where lane splitting is explicitly permitted under state law. AB 51 established that riding between lanes of slow or stopped traffic is lawful when done safely. That means lane splitting alone cannot be used to assign fault or reduce your compensation. If an insurer implies otherwise, that argument has no legal foundation — and we will make that clear.
Comparative Fault and the Motorcycle Rider
California follows a pure comparative fault rule, which means even if you were partially responsible for the crash, you can still recover damages proportional to the other party's fault. Insurers know this and will work to inflate your percentage of fault to shrink their payout. Our job is to document the full picture — road conditions, driver behavior, traffic patterns, and physical evidence — so that your share of fault is accurately represented, not exaggerated.
Injuries That Change Everything
Motorcycle crashes produce some of the most serious injuries we see in personal injury law. Without the structural protection of an enclosed vehicle, riders absorb the full force of impact. Road rash, traumatic brain injury, spinal cord damage, fractured bones, and in the most severe cases, limb amputation — these are injuries that can alter the course of a person's life. We work with medical experts to document not just what treatment has already cost you, but what it will cost going forward, including future care, lost earning capacity, and the non-economic toll of living with a serious injury.
Where San Diego Motorcycle Crashes Happen
Certain corridors in San Diego see disproportionate motorcycle accident rates. The I-8 through Mission Valley carries heavy, fast-moving traffic that leaves little margin for driver error. Cabrillo Memorial Drive and the Pacific Coast Highway near Ocean Beach and Point Loma combine scenic appeal with sharp curves, narrow lanes, and distracted drivers. If your crash happened on one of these roads — or anywhere else in the county — the location matters for establishing road conditions, sight lines, and contributing factors. We know this city, and we know how to use that knowledge in your case.
What a Motorcycle Collision Claim in California Actually Involves
A motorcycle injury claim isn't just a matter of filing paperwork and waiting for a check. It involves gathering and preserving evidence before it disappears, obtaining a full accident reconstruction when liability is disputed, coordinating with your medical providers to document the scope of your injuries, and negotiating — or litigating — against an insurer whose financial interest is directly opposed to yours.
We handle every step of that process. You focus on recovering. We handle the case.
- Immediate evidence preservation: photos, witness statements, traffic camera footage, police reports
- Medical documentation: current treatment records plus expert assessment of future care needs
- Liability investigation: driver history, vehicle inspection, road condition reports
- Insurance negotiation: backed by Brennan's firsthand knowledge of how adjusters value and contest claims
- Litigation readiness: we prepare every case as if it will go to trial, which strengthens every settlement negotiation
Our Fee Depends on Your Recovery — Not on Closing the Case Fast
We work on a contingency fee basis, which means we don't get paid unless you do. But the more important point is this: a fast, low settlement is not in our interest any more than it's in yours. Our fee is a percentage of what we recover. The higher your recovery, the better the outcome for both of us.
We also limit the number of cases we take on. That's a deliberate choice. It means Brennan has the time to invest in each case — to push back when an insurer undervalues a claim, to bring in the right experts, to prepare for trial if that's what the case requires. You won't be handed off to a paralegal or a junior associate. You'll work directly with Brennan from the first call to the final resolution.
What Compensation Can Cover After a Motorcycle Crash
California law allows injured motorcyclists to pursue compensation across several categories of damages. What applies to your case depends on the facts, but a complete claim typically accounts for:
- Medical expenses already incurred, including emergency care, surgery, hospitalization, and rehabilitation
- Future medical costs for ongoing treatment, physical therapy, or long-term care needs
- Lost wages from time missed at work during recovery
- Diminished earning capacity if your injuries affect your ability to work in the future
- Pain and suffering, including the physical experience of the injury and its aftermath
- Emotional distress and loss of enjoyment of life
- Property damage to your motorcycle and gear
We don't approach a claim by tallying up today's bills. We look at the full picture of what this crash has cost you and what it will continue to cost — and we build the case around that number.
What to Do After a Motorcycle Accident in San Diego
The decisions you make in the hours and days after a crash can affect your claim significantly. Here's what we recommend:
- Call 911 and get a police report filed, even if injuries seem minor at first
- Seek medical attention immediately — some injuries, including TBI, don't present obvious symptoms right away
- Document the scene if you're physically able: photos of the vehicles, road conditions, skid marks, and any visible injuries
- Get contact information from witnesses before they leave the scene
- Do not give a recorded statement to the other driver's insurance company without speaking to an attorney first
- Contact us before accepting any settlement offer — early offers are almost always lower than what the claim is actually worth
The sooner you call, the more we can do to preserve evidence and protect your rights from the start.
Frequently Asked Questions About Motorcycle Accident Claims in San Diego
Does lane splitting affect my right to compensation in California?
No. Lane splitting is legal in California under AB 51, and the fact that you were lane splitting at the time of a crash does not automatically reduce your right to compensation. The relevant question is whether the lane splitting was performed safely under the circumstances. An insurer may raise it as an issue, but it is not a bar to recovery.What if the other driver says I was at fault?
California's comparative fault system means both parties can share responsibility for a crash. Even if you were partially at fault, you can still recover damages proportional to the other driver's share of liability. Our job is to investigate the full facts and counter any attempt to inflate your assigned percentage of fault.How long do I have to file a motorcycle accident claim in California?
California's statute of limitations for personal injury claims is generally two years from the date of the accident. If a government entity is involved — such as a city bus or a poorly maintained public road — the deadline can be as short as six months. It's important to contact an attorney as early as possible so no deadlines are missed.What if my injuries don't show up right away?
This is common after motorcycle crashes, particularly with traumatic brain injuries, soft tissue damage, and internal injuries. Seek medical attention as soon as possible after the accident, even if you feel okay. Delaying treatment can both harm your health and give an insurer grounds to argue your injuries weren't serious or weren't caused by the crash.How much does it cost to hire a motorcycle accident attorney?
Nothing upfront. We work on a contingency fee basis, which means our fee comes out of the settlement or verdict we recover on your behalf. If we don't recover anything, you don't owe us a fee. There is no cost to call us and discuss your case.
Speak Directly with a San Diego Motorcycle Accident Lawyer
If you or someone you care about was injured in a motorcycle crash in San Diego, you deserve an attorney who will give your case real attention — not a firm that treats you as a file number. We keep our caseload small for exactly that reason. Call us at (619) 413-4405 or submit the contact form below to schedule a free consultation. There's no obligation, and everything you share is confidential.

