Gershen Law Office
San Diego Motorcycle Accident

Trusted Legal Representation for San Diego Motorcycle Accident Victims

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Motorcyclists face unique risks every time they take to San Diego’s roadways. Without the protection of a vehicle’s frame, airbags, or seatbelts, riders are far more vulnerable to catastrophic injuries during an accident. San Diego’s beautiful coastal highways, bustling downtown traffic, and fast-moving freeways like I-5 and SR-163 can turn dangerous in an instant, especially when other drivers fail to respect motorcycles’ right to share the road. Unfortunately, many collisions involving motorcycles happen because other motorists simply aren’t paying enough attention or fail to anticipate the motorcyclist’s movements.

motorcycle crash scene

Although motorcycles account for only a small percentage of vehicles on the road, they represent a disproportionately high number of serious injury and fatal accidents. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are roughly 28 times more likely than passenger vehicle occupants to die in a crash per mile traveled. The aftermath of a motorcycle accident often involves steep medical bills, long recovery periods, emotional trauma, and major financial disruption. Without skilled legal representation, injured riders risk being taken advantage of by insurance companies looking to settle quickly for less than victims truly deserve.

At The Law Office of Michelle Gershen, we understand the unique challenges motorcyclists face after a crash—and we are dedicated to fighting for the justice, compensation, and respect that injured riders deserve. Michelle Gershen personally oversees every case with the compassion, diligence, and fierce advocacy you need when the stakes are this high. Our mission is to help injured motorcyclists in San Diego not only recover financially but regain control of their lives after devastating accidents. When you choose our firm, you’re choosing a trusted legal partner who knows how to stand up to insurance companies and fight aggressively for your future.

Motorcycle Crash Victims Face Unique Challenges – Here’s Why Legal Help Matters

Motorcycle accident cases are fundamentally different from regular car crash claims and require a unique legal strategy to succeed. Insurance companies often try to unfairly blame riders for their injuries, exploiting negative stereotypes about motorcyclists being reckless or unsafe. Without an experienced attorney familiar with the complexities of motorcycle law, valuable evidence can be lost, liability can be misassigned, and victims can walk away with far less compensation than they deserve. At The Law Office of Michelle Gershen, we have extensive experience handling motorcycle injury cases throughout San Diego and understand the specialized approach needed to protect injured riders and maximize their recovery.

  • Proving Visibility Issues: Demonstrating that the driver failed to properly check for motorcyclists at intersections, lane changes, and while turning left.

  • Countering Bias Against Riders: Presenting evidence and expert testimony that paints an accurate and positive picture of safe motorcycling practices.

  • Working with Accident Reconstruction Experts: Using technical experts to recreate crash scenes, proving speed, distance, and fault.

  • Documenting Severe Injuries: Ensuring long-term and catastrophic injuries are fully documented and valued appropriately in settlement demands.

  • Maximizing Insurance Recovery: Identifying all potential sources of coverage, including uninsured/underinsured motorist benefits and umbrella policies.

Why Motorcycle Accidents Happen in San Diego – Heavy Traffic, Road Hazards, and Driver Negligence

Motorcycle accidents in San Diego are tragically common and often result from a dangerous blend of urban congestion, aggressive driving behaviors, and poor road maintenance. Motorcyclists are particularly vulnerable because they lack the structural protections that cars and trucks provide. Every day, riders face risks from inattentive drivers making sudden moves, road debris near coastal areas, unexpected construction projects, and the intense traffic volumes on freeways like I-5 and SR-163. According to the California Office of Traffic Safety, motorcycle fatalities and injuries remain alarmingly high across the state, with urban areas like San Diego seeing some of the greatest impacts. At The Law Office of Michelle Gershen, we leverage a deep understanding of these local dangers to craft powerful, targeted legal strategies for our injured motorcycle clients.

Typical Causes of Motorcycle Accidents in San Diego

Motorcycle accidents in San Diego most often stem from drivers failing to yield the right of way, unsafe lane changes, or distracted driving behaviors. Modern distractions such as texting, GPS navigation, and even in-car entertainment systems are a persistent threat to riders. Compounding the problem are poorly maintained roads, sudden sand deposits near coastal corridors, and active construction zones across the city that pose far greater risks to motorcycles than passenger vehicles. Despite public safety campaigns encouraging drivers to “Look Twice for Motorcycles,” many motorists still overlook these smaller vehicles until it’s too late. This lack of awareness creates dangerous conditions, particularly in high-traffic neighborhoods like Downtown, Hillcrest, and University Heights.

Dangerous Motorcycle Corridors in San Diego

Certain roadways in San Diego are particularly hazardous for motorcycle riders due to high speeds, merging traffic, and congested conditions. Knowing where these danger zones are can help riders stay alert and proactive.

Pacific Highway: With traffic merging from downtown San Diego and the airport, Pacific Highway is notorious for sudden lane changes and side-impact crashes involving motorcyclists.

Rosecrans Street and Sports Arena Boulevard Intersection: A major commercial area filled with large intersections and dense traffic patterns that often lead to multi-vehicle collisions.

Interstate 5 (I-5) Near Downtown: One of the most heavily traveled freeways in Southern California, prone to heavy congestion, rapid lane shifts, and frequent accidents, especially during peak commuting hours.

State Route 163 through Balboa Park: Featuring sharp curves, blind corners, and fast-moving traffic, SR-163 presents constant hazards for motorcyclists navigating into or out of downtown.

Mission Boulevard through Pacific Beach: This scenic but busy coastal route mixes tourists, pedestrians, and distracted drivers, creating a chaotic environment that’s particularly unforgiving for motorcycle riders

Left-Turn Accidents

Left-turn accidents are among the deadliest types of motorcycle crashes in San Diego. These collisions often occur when a driver making a left-hand turn misjudges the speed or distance of an oncoming motorcycle, cutting across their path without enough time or space. Intersections throughout areas like Mira Mesa, North Park, and Gaslamp Quarter are notorious for left-turn risks, especially at night or during high-traffic times. According to NHTSA Motorcycle Safety Reports, approximately 42% of fatal motorcycle accident involving another vehicle occur when a car is turning left. Poor visibility, driver impatience, and failure to yield all contribute to making these intersections high-risk zones for motorcyclists.

  • Common Locations: Heavy traffic intersections in Midtown, Mission Valley, and University City.

  • Injury Severity: T-bone impacts lead to severe head injuries, fractured limbs, and internal trauma.

  • Driver Fault: California law mandates yielding to oncoming traffic, placing primary liability on the turning driver.

  • Intersection Challenges: Visual obstructions like parked cars or construction barriers increase left-turn risks.

  • Motorcyclist Vulnerability: Without the benefit of airbags or vehicle frames, riders absorb the full force of impact.

Rear-End Collisions

Rear-end collisions, which might result in a fender-bender between two cars, can cause devastating injuries or fatalities when a motorcyclist is involved. Riders stopped at red lights, stop signs, or in slowed traffic are extremely vulnerable to inattentive drivers approaching too fast. Areas like El Cajon Boulevard, University Avenue, and Market Street frequently see high numbers of rear-end crashes involving motorcycles, especially during evening commute hours when driver fatigue and distraction peak. Even low-speed impacts can eject a rider onto the pavement or into another vehicle, causing serious injuries like traumatic brain injuries, spinal fractures, and internal organ damage.

  • Risk Zones: Stop-and-go traffic corridors throughout Mission Hills and Linda Vista.

  • Injury Potential: Neck, back, spinal cord injuries, and traumatic amputations.

  • Common Causes: Distracted drivers texting, eating, or using vehicle technology instead of watching the road.

  • Low-Speed Dangers: Even a 10-15 mph impact can be fatal for an unprotected motorcyclist.

  • Insurance Defense Tactics: Insurers often attempt to minimize rear-end motorcycle claims by blaming the rider’s sudden stops.

Lane-Switching Crashes

Lane-switching accidents are a major threat to San Diego motorcyclists, particularly on freeways like I-8, I-15, and SR-52, where heavy traffic and impatient drivers create constant movement between lanes. These accidents happen when drivers fail to check their blind spots before changing lanes, sideswiping motorcycles or forcing riders into dangerous evasive maneuvers. Lane-switching collisions are especially common during high-speed commutes and in congested areas where drivers weave aggressively between lanes without signaling or giving proper clearance.

  • Trigger Points: Freeway merges, off-ramps, and express lane exits.

  • Motorcyclist Risks: Sudden forced evasions leading to loss of control or secondary collisions.

  • Negligent Driving Behaviors: Failing to signal, drifting between lanes, distracted driving.

  • Visibility Challenges: Rain, fog, or nighttime conditions exacerbate blind spot issues.

  • Impact Injuries: Side-impact crush injuries, shoulder dislocations, road rash, and fractured ribs.

Common Injuries from Motorcycle Accidents in San Diego – Why Riders Suffer More Severe Trauma

Motorcycle accidents in San Diego often lead to some of the most severe and life-altering injuries seen on the road. Unlike drivers and passengers in cars, motorcyclists lack any substantial physical protection—no seat belts, no airbags, and no steel frame to absorb impact forces. As a result, riders are fully exposed during collisions, often leading to catastrophic trauma, permanent disability, and lengthy, expensive recoveries. Even with California’s mandatory helmet law in place (California Vehicle Code § 27803), motorcyclists remain at high risk for devastating injuries. At The Law Office of Michelle Gershen, we fight to ensure that every injury—whether visible, internal, or emotional—is fully documented and aggressively pursued for maximum compensation.

Spinal Cord Injuries from Motorcycle Accidents in San Diego

Spinal cord injuries are tragically common in motorcycle crashes, often occurring when a rider is ejected from their bike or crushed during impact. Because California law allows motorcyclists the right to lane split under certain conditions (California Vehicle Code § 21658.1), riders are often close to fast-moving traffic, putting them at even greater risk for spinal trauma in sudden collisions. These injuries can permanently alter a victim’s life, affecting mobility, independence, and career opportunities.

  • Typical Injuries: Spinal fractures, crushed vertebrae, herniated discs, and nerve damage.

  • Severity Levels: Partial paralysis (paraplegia) or complete paralysis (quadriplegia).

  • Medical Needs: Emergency spinal surgeries, long-term rehabilitation, and adaptive equipment such as wheelchairs.

Traumatic Brain Injuries (TBI) After a Motorcycle Accident in San Diego

Although California requires motorcyclists to wear helmets, TBIs are still common following severe crashes. The force of impact can jolt the brain violently inside the skull, even without direct head trauma. TBIs are especially dangerous because symptoms can be subtle at first but grow worse over time without immediate intervention.

  • TBI Severity Spectrum: From mild concussions to debilitating brain trauma requiring lifelong care.

  • Common Symptoms: Difficulty concentrating, mood swings, memory loss, dizziness, and headaches.

  • Treatment Approach: Neurological evaluations, cognitive therapy, psychological counseling, and in some cases, surgery.

Fractures and Orthopedic Trauma from San Diego Motorcycle Crashes

Fractures are nearly inevitable in serious motorcycle accidents due to the violent forces placed on the body during impact or ejection. Broken bones can range from clean breaks to complex, shattering fractures that require surgical reconstruction with plates, rods, or screws.

  • Common Fracture Sites: Wrists, forearms, legs, ribs, pelvis, and clavicles.

  • Severe Cases: Compound fractures (where bone pierces the skin) requiring orthopedic surgery and extended rehabilitation.

  • Recovery Time: Can involve months of immobilization, physical therapy, and potential long-term mobility limitations.

Internal Organ Damage After Motorcycle Collisions in San Diego

Internal injuries are particularly dangerous because they aren’t immediately visible at the crash scene but can quickly turn fatal without emergency medical care. High-speed impacts common on San Diego freeways like I-5 or I-805 can cause blunt force trauma that ruptures organs and causes internal bleeding.

  • Commonly Injured Organs: Liver, spleen, lungs, kidneys, and intestines.

  • Detection Challenges: Symptoms may be delayed, making early imaging tests critical after a crash.

  • Medical Response: Emergency surgery to control bleeding, organ repair, and critical care hospitalization.

Burn Injuries from Motorcycle Accidents in San Diego

Burn injuries in motorcycle accidents typically result from fires after collisions, friction burns (“road rash”) from sliding on pavement, or contact with superheated engine parts. These injuries are painful, prone to infection, and can cause permanent scarring and emotional trauma.

  • Causes of Burns: Gasoline fires, sliding abrasion burns, hot exhaust systems.

  • Treatment Protocols: Skin grafting, wound debridement, infection prevention, and plastic surgery.

  • Long-Term Impacts: Disfigurement, chronic pain, PTSD, and substantial psychological counseling needs.

Soft Tissue and Whiplash Injuries from San Diego Motorcycle Wrecks

Even relatively low-speed motorcycle crashes can cause significant soft tissue injuries, impacting muscles, tendons, and ligaments. These injuries are sometimes overlooked early on because symptoms can develop hours or even days after the accident, but they can lead to long-term pain and restricted mobility if untreated.

  • Typical Soft Tissue Damage: Torn ligaments, sprains, strains, and severe bruising.

  • Delayed Onset: Pain, stiffness, and swelling may not appear immediately after impact.

  • Medical Management: Includes MRI evaluations, chiropractic care, physical therapy, and pain management programs.

San Diego Motorcycle Accident Compensation You Are Entitled To

Motorcycle accident victims in San Diego have legal rights to pursue compensation for the full extent of their losses after a crash. California’s personal injury laws recognize that motorcycle riders face disproportionate risks and devastating consequences in collisions with larger vehicles. Whether you’ve suffered severe physical injuries, emotional trauma, or financial setbacks, you deserve to be made whole. At The Law Office of Michelle Gershen, we fight aggressively to ensure injured motorcyclists recover maximum compensation for every category of damages allowed under California law.

Medical Compensation

Medical expenses are often the most immediate and overwhelming cost following a motorcycle accident. In California, injured victims are entitled to recover compensation for both past and future medical care related to their injuries. This includes emergency treatment, surgeries, hospital stays, physical therapy, and necessary medical devices. According to California Civil Code § 3281, injured individuals are legally entitled to compensation for all monetary losses resulting directly from the wrongful act or neglect of another.

  • Past Medical Costs: Ambulance transportation, emergency room care, surgeries, hospitalization, and medication.

  • Future Medical Needs: Ongoing rehabilitation, home healthcare services, future surgeries, and long-term care planning.

  • Documentation: Comprehensive medical records, expert medical evaluations, and cost projections are vital to fully valuing these damages.

Lost Wages and Future Earning Capacity

Serious injuries often leave motorcycle accident victims unable to work for extended periods—or even permanently. In San Diego, you are entitled to recover not just wages lost while recovering but also future earning capacity if your injuries affect your ability to earn a living. Under California’s compensation laws, this includes lost promotions, benefits, and professional opportunities impacted by your accident.

  • Immediate Income Losses: Paychecks missed due to hospitalization, recovery, and medical appointments.

  • Diminished Earning Power: If you are forced to change careers or work fewer hours due to physical limitations.

  • Proof Needed: Employer verification, tax records, and expert vocational evaluations are critical for accurately calculating wage-related damages.

Wrongful Death Damages

If a loved one loses their life in a fatal San Diego motorcycle accident, surviving family members have the right to pursue a wrongful death claim. California’s Wrongful Death Statute (California Code of Civil Procedure § 377.60) allows certain family members—such as spouses, children, or dependent parents—to recover financial and emotional damages resulting from their loss.

  • Economic Losses: Loss of the deceased’s expected income, funeral and burial expenses, and medical bills incurred before death.

  • Non-Economic Losses: Loss of companionship, emotional support, guidance, and consortium.

  • Legal Challenges: Wrongful death cases are highly sensitive and require compassionate, skilled legal representation to navigate properly.

Pain and Suffering

California law also permits victims of motorcycle accidents to recover damages for pain and suffering—compensating for the physical pain, mental anguish, emotional distress, and loss of enjoyment of life caused by the crash. Unlike medical bills or lost wages, these damages are subjective and often contested by insurance companies, making skilled legal advocacy essential.

  • Physical Pain: Chronic pain, surgeries, loss of mobility, and disfigurement.

  • Emotional Suffering: Depression, PTSD, anxiety, and diminished quality of life.

  • Evidence Used: Medical expert testimony, mental health evaluations, and victim impact statements help illustrate the profound human cost of motorcycle injuries.

Contact The Law Office of Michelle Gershen Today for Help with Your Motorcycle Accident Claim

If you or a loved one has been injured in a motorcycle accident in San Diego, the steps you take now can make a crucial difference in your recovery—both physically and financially. Insurance companies move quickly to protect their bottom line, often trying to minimize payouts or shift blame onto riders. You deserve an advocate who knows the law, understands the unique challenges motorcyclists face, and will fight tirelessly to protect your rights.

At The Law Office of Michelle Gershen, we take immediate action to preserve vital evidence, handle all communication with insurers, and build a powerful case aimed at securing the maximum compensation you deserve. Whether you’re dealing with serious injuries, emotional trauma, or the heartbreaking loss of a loved one, Michelle Gershen is ready to stand with you every step of the way.

📞 Call us today at 619-492-5526 for a free, no-obligation consultation, or
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Let Michelle Gershen Law help you move forward with confidence, strength, and the full support you need to reclaim your future.

Reviews for Michelle Gershen

Michelle Gershen is a wonderful lawyer. She helped me step by step with my neck injury from a motor vehicle accident. I would highly recommend hiring her if you are in need of a lawyer. If I could give more than five stars I would.

Jenna M.

Personal, professional, responsive! All Attorneys should be like Michelle! She got my case taken care of and helped me when I needed it most. I would highly recommend her to anyone!

Annette M.

She will fight long and hard for your best interest! Michelle is the 3rd attorney I have worked with, and what a relief it was to have landed in her care. She kept me informed every step of the way, was extremely confident, professional, and organized. She is truly exceptional at what she does and it felt like my friend was working for me.

Joseph P.

I was lucky enough to meet Michelle at my last job. I have always found her to be helpful, supportive, and very responsive. Everyone I have referred to Michelle has been extremely pleased with her professionalism and caring demeanor. As a sole practitioner, she has the ability to react quickly when needed, and she is always cost-conscious.

Amy G.

San Diego

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You Have Questions. We Have Answers.

When you schedule your free consultation with personal injury attorney Michelle Gershen in San Diego, it's important to come prepared with specific questions you'd like us to address. Some of the common questions clients ask include:

Our lawyers will review what happened, discuss your injuries, and identify whether someone else should be held liable for compensating you for your losses. We will explain all your legal options and what to expect throughout the claims process.
This is not a question that can be answered at the beginning of your case, especially if you have suffered serious injuries. Our personal injury attorneys will need to calculate the full amount of damages possible in your case over time. This can include payment for all your current and future medical expenses related to your accident, lost wages, diminished earning capacity for the future, pain and suffering, loss of enjoyment of life, and other damages.
There are different reasons why injured accident victims may not seek help from an experienced personal injury lawyer, including concerns about the cost. The good news is that many people end up with significantly more in their pockets when they have the right legal representation. Unlike many other types of lawyers, most personal injury lawyers do not bill you for litigation costs or hourly fees during your case. Your case evaluation is free, and we only get paid if we successfully get a settlement or verdict for you. Our fees come directly from your payout, which means you never have to pay anything out of pocket during your case.
Experience matters when it comes to injury-related claims. Michelle Gershen has been successfully representing accident victims and their families in San Diego for years, handling a wide range of complex personal injury cases with skill and dedication.
Some personal injury lawyers don’t regularly handle cases involving severe injuries or complex accidents. However, Michelle Gershen has built a strong reputation in San Diego for her extensive experience with a wide variety of cases, including those involving catastrophic injuries and high-stakes accidents.
It is not always possible to resolve every personal injury case directly with the insurance company. Although we are able to settle many claims for the full amount, our experienced litigators are always prepared to file a lawsuit and argue your case at trial on your behalf. We are not a “settlement mill” law firm that pushes every client to accept quick settlements, even if they are too low. Our goal is to obtain maximum compensation for you, and that means going to battle in court whenever it’s necessary.
We work on a contingency fee arrangement, where you only pay us attorney fees if we recover money for you. Then, our fees come as a percentage of your compensation. We find that this arrangement benefits our clients because they never pay out of pocket, and they can trust that we are fighting for the maximum compensation they deserve because our own payment depends on it.
Yes, when you work with Michelle Gershen, the experienced attorney you meet with during your initial consultation is the one who will personally handle your case from start to finish. You won’t be handed off to a paralegal, case manager, or shuffled between different associates—Michelle provides dedicated, consistent, and reliable representation every step of the way.