San Diego Highside Crash Lawyer

A highside crash is one of the most violent types of motorcycle accidents. The rear tire loses traction, then suddenly regains grip—catapulting the rider over the top of the bike. You are thrown into the air with no control over where you land. The impact with pavement, guardrails, or other vehicles causes devastating injuries. Broken spines. Shattered pelvises. Traumatic brain injuries. Some riders never fully recover.

At The Law Office of Elliott Kanter APC, our founding attorney has spent over 45 years representing injury victims in California courts. We have recovered millions of dollars for clients hurt in collisions throughout San Diego County, including riders who suffered catastrophic injuries in highside crashes. These accidents demand thorough investigation to determine what caused the rear tire to lose and regain traction—whether a negligent driver, dangerous road condition, or defective part. We conduct that investigation and hold responsible parties accountable.

If you were seriously injured in a highside accident and need a San Diego, CA motorcycle accident lawyer, our firm offers free consultations and charges no fees unless we recover compensation for you.

Why Choose The Law Office Of Elliott Kanter APC For Highside Crashes In San Diego, CA?

Over Four Decades of California Trial Experience

Elliott Kanter has practiced personal injury law in California since 1980. He is admitted to the California State Bar, the United States Supreme Court, and federal courts across the country. Highside crashes produce severe injuries, and insurance companies know it. They fight hard to deny these claims or blame the rider for losing control. Elliott Kanter knows how to prove what really caused the crash and build cases that stand up against aggressive insurance defense tactics.

Millions Recovered for Injured Clients

Our firm has secured millions of dollars for clients with catastrophic injuries and wrongful death claims. Highside crashes often result in the most serious injuries we see—spinal cord damage, traumatic brain injuries, multiple fractures, and internal organ damage. We pursue compensation that reflects the true, long-term cost of these life-changing harms.

Your Attorney Handles Your Case Personally

Large firms shuffle clients between paralegals and junior associates. Not here. Elliott Kanter manages every case personally from the initial consultation through resolution. You speak directly with the attorney making decisions on your behalf. Questions get answered promptly. You always know what is happening with your case.

No Fees Unless We Win

Highside crash victims face enormous medical expenses and extended time away from work. You should not have to worry about attorney fees on top of everything else. We work on contingency—you pay nothing unless we recover compensation for you.

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“Elliot was my third attorney during a case that dragged on for two years. I was convinced my situation was hopeless, that there was no outcome I could live with. Elliot proved me wrong. Not only did he help me see a path forward, he actually secured a result better than I thought possible.” — Jordan Schmidt

Read more reviews on our Google Business Profile.

Types Of Highside Crash Cases We Handle In San Diego

Highside crashes occur when a motorcycle’s rear wheel loses traction and then suddenly regains it, violently throwing the rider forward and upward. The physics are unforgiving. We handle cases involving:

• Driver negligence. A car cuts off a rider or pulls out in front of them. The rider brakes hard, the rear tire locks, skids, then catches—launching the rider over the handlebars. The driver who created the emergency bears responsibility for the resulting injuries.
• Hazardous road conditions. Oil spills, loose gravel, wet pavement, tar snakes, and uneven surfaces cause rear tires to lose grip unexpectedly. When government agencies fail to maintain safe roads or warn of hazards, they may be liable for highside crashes that result.
• Truck accidents. Commercial trucks leak diesel fuel, hydraulic fluid, and other substances that create slick surfaces. Debris falling from improperly secured loads also contributes to highside crashes. Trucking companies can be held accountable.
• Defective motorcycle components. Faulty rear brakes, defective tires, or malfunctioning traction control systems can cause the loss-and-regain cycle that triggers highside crashes. Product liability claims may apply against manufacturers and distributors.
• Wrongful death claims. Highside crashes have a high fatality rate because riders are thrown with significant force and often land on their heads or spines. Families who lose loved ones may pursue compensation from responsible parties.
• Racing-style road incidents. Aggressive drivers who tailgate motorcyclists or engage in road rage behavior force riders into emergency maneuvers that can trigger highside crashes.

California Legal Requirements For Highside Crashes

Proving liability in a highside crash requires demonstrating that another party’s negligence created the conditions that caused you to lose control. California law provides several avenues for recovery.

California Vehicle Code Section 21703 prohibits following another vehicle more closely than is reasonable and prudent. A driver who tailgates a motorcycle and forces the rider to brake suddenly can be held liable if a highside crash results.

Vehicle Code Section 21750 requires drivers overtaking other vehicles to pass at a safe distance. Drivers who crowd motorcyclists or pass too closely create dangerous situations that can lead to evasive maneuvers and highside crashes.

Government entities that fail to maintain safe road surfaces may be liable under the California Government Code Section 835, which addresses dangerous conditions on public property. However, claims against government entities require filing an administrative claim within six months—a much shorter deadline than standard personal injury cases.

California’s pure comparative negligence rule under Civil Code Section 1714 allows you to recover damages even if you were partially at fault. Insurance companies routinely blame riders for highside crashes, but a San Diego highside accident attorney can counter these arguments with evidence about what really caused the loss of traction.

The statute of limitations for most personal injury claims is two years under Code of Civil Procedure Section 335.1. Acting quickly preserves evidence and protects your rights.

What Damages Are Recoverable In San Diego Highside Crash Cases?

Highside crashes cause some of the most severe injuries in motorcycling. Being thrown from a moving bike produces impact forces that the human body is not designed to withstand. California law allows victims to pursue compensation across several categories.

Economic Damages

These cover your measurable financial losses: emergency trauma care, surgeries, hospital stays, intensive care, rehabilitation, physical therapy, medications, assistive devices, and home modifications for permanent disabilities. Lost wages from extended time away from work and reduced earning capacity if you cannot return to your previous occupation also qualify. According to the California Office of Traffic Safety, motorcycle fatalities and serious injuries remain a significant concern on California roads.

Non-Economic Damages

California compensates victims for losses beyond financial calculations. Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium are all recoverable. Highside crash survivors often face traumatic brain injuries that cause permanent cognitive impairment, personality changes, and memory problems. Spinal cord injuries can result in partial or complete paralysis. The Centers for Disease Control and Prevention reports that motorcyclists are significantly more likely to suffer fatal or serious injuries compared to passenger vehicle occupants.

Punitive Damages

When the at-fault party acted with extreme recklessness—a drunk driver who ran you off the road, for example, or a trucking company that ignored safety violations—California courts may award punitive damages under Civil Code Section 3294. These damages punish egregious conduct and deter others from similar behavior.

Valuing a highside crash claim requires understanding the long-term consequences of catastrophic injuries. Many victims require lifetime care. Working with a California highside motorcycle lawyer helps ensure your claim accounts for both current and future losses.

Contact The Law Office Of Elliott Kanter APC

A highside crash can change your life in a fraction of a second. The injuries are often catastrophic, and insurance companies will fight hard to minimize what they pay. You need an attorney who understands how these crashes happen, how to prove liability, and how to pursue the full compensation your injuries demand.

Our firm provides free consultations, and there are no attorney fees unless we win. Elliott Kanter will review your case personally, explain your options, and answer your questions directly. Contact us today to schedule your consultation.