San Francisco Motorcycle Accident Lawyers
San Francisco Motorcycle Accident Attorneys: Russ Brown Motorcycle Attorneys® has been fighting for motorcyclists’ rights for decades. Russ Brown Motorcycle Attorneys® was founded almost 50 years ago in California. We are experts in motorcycle accidents. San Francisco is one of the most densely populated cities in the U.S., and that means a lot of traffic and potential hazards for motorcyclists. The San Francisco Bay area has a rich history in motorcycling and is one of the few major U.S. areas with designated motorcycle parking.
We handle more San Francisco motorcycle accident claims than any other firm. It’s imperative that you have a San Francisco motorcycle accident lawyer that understands the full particulars of the unique motorcycle laws in California such as lane splitting and helmet laws. Russ Brown Motorcycle Attorneys are dedicated members of the riding community they represent. Their support goes far beyond the courtroom and can be seen at rallies, local club events, and bike nights all over San Francisco and the Bay Area.
We at Russ Brown Motorcycle Attorneys® only focus on motorcycle accident law and have for longer than anyone else. Beyond the physical damage to your bike, we know how to help you recover for lost wages, vehicle costs, pain, and suffering and more. You want our years of experience fighting insurance companies and unfavorable police reports on your side.
Our team of San Francisco motorcycle accident lawyers do not back away from difficult cases and often see potential that less experienced attorneys cannot. We will fight the police report, we will fight the insurance company—we have fought them all.
$22.8 Million
Driver made left turn in front of rider.
$22 Million
Driver made unsafe lane change.
$20 Million
Equipment from semi fell onto freeway into rider’s path
$19.4 Million
Blown stop sign
San Francisco Motorcycle Accident Lawyers
Jim Romag
Partner
Chuck Koro
Managing Partner
Shelby West
Attorney
San Francisco Motorcycle Accident Attorney FAQ
What is the process for a lawsuit when someone has been in a traffic collision in San Francisco, California?
In some cases, we file suit right away, but usually, we try to resolve the case with the insurance companies first. Once our firm is hired, we order the traffic collision report and tell the insurance companies that our firm represents the injured person. We also send letters to the other driver to preserve all evidence from the accident. Depending on where it happened, we may send a private investigator to find witnesses and surveillance footage. In some cases, we send our accident reconstructionist to the scene of the accident. We also order information from California Highway Patrol about any witnesses who might have seen what happened.
In San Francisco, California, how long does the motorcycle accident attorney process take from start to finish?
There is a lot of variation when it comes to personal injury cases. This depends on the fault issue, the nature and the extent of the injuries, and whether a lawsuit is filed if the case cannot be resolved with the insurance company in pre-litigation.
When should someone call a San Francisco motorcycle accident lawyer for a traffic collision?
After calling 911, and when you are safely off the road, make the next call to us.
Can a motorcycle accident victim collect from the violent victim’s fund if they were hit by someone who ran away?
The website explains who is eligible for money from the fund. The California Victims Compensation Fund can give up to $7,500 to a family for funeral and burial expenses if someone is killed.
What is a tort claim, and why are most motorcycle accident tort claims?
A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which liability (fault) is imposed. This includes injuries and damages sustained in a motorcycle accident.
Why does California use a pure comparative negligence law? How does that affect San Francisco motorcycle accident victims?
Comparative negligence is a fairer and more practical approach than contributory negligence. In comparative negligence, if the injured party is found to be partially at fault, say 55%, the injured party can still collect 45% of the case value. In contributory negligence, if the party is found at fault for the accident more than 50% then they cannot collect any funds for injuries or damages.
What Is the statute of limitations for motorcycle accidents in San Francisco, California?
If you are in California, the Statute of Limitations is two years. This means that you have two years to file a lawsuit if someone else hurts you. There are some rare exceptions. Government claims have a much shorter statute of limitations. This means that you only have six months to file a claim with the proper government entity if you are injured by a government employee while working, or hazardous road condition cases, such as potholes, deficient warning signage, confusing intersections, deficient lighting conditions, etc.. The forms can usually be found online. If you don’t file the claim on time, you have 1 year from the date of the accident to file a late claim, but there’s no guarantee it will be approved.
What are the most common motorcycle accident injuries in San Francisco, California?
There are many injuries that can occur from motorcycle accidents. The shoulder, knee, ankle, femur, wrist, tibia, and road rash are some of the most common. Other common injuries include broken bones, spinal cord injuries, traumatic brain injuries, skull fractures, lower extremity injuries, internal injuries, lacerations, and disfigurement.
What is the effect of the California helmet law on non-DOT helmet wearers after they become the victim of a motorcycle accident in San Francisco, California?
If a motorcyclist gets injured and is not wearing a helmet approved by the Department of Transportation, the rider may be found at fault. However, it is possible for a rider to recover funds if your attorney and a helmet expert can prove that in your accident a DOT helmet would not have prevented injury.
Who is responsible if a motorcycle crashes while splitting lanes in San Francisco, California?
If the motorcyclist is splitting lanes with due caution, the driver changing lanes is usually at fault. The guidelines for safe splitting are that a motorcycle should not split if the flow of traffic is 40 mph or more and should not split more than 10 miles an hour over the flow of traffic. There can be a finding of comparative fault on the lane changing vehicle and the motorcycle.
How is compensation calculated for motorcycle accident victims in San Francisco?
If you are injured in a motorcycle accident, you may be able to recover money for property damage, including loss of use, past and future medical bills, past and future loss of earnings and past and future non-economic damages (pain and suffering). However, California law generally prevents you from recovering money for pain and suffering (generally the largest portion of the settlement) if you were not carrying liability insurance on your motorcycle. There are a few exceptions, such as when the other driver was convicted of a DUI or when you were driving an uninsured car owned by your employer. This law is harsh because if another person caused the accident and injuries, it should not matter whether the motorcycle rider had liability insurance.
What are the most common causes of motorcycle accidents with liable defendants?
The most common type of motorcycle accident is when the other vehicle turns left in front of the motorcycle. This is because, at this angle, the motorcycle is least visible, and its speed is hard to judge. The other most common accident is when someone changes lanes into the motorcycle rider.
Define AT FAULT in California and how it affects motorcycle accident cases in San Francisco.
In California, AT FAULT means that the person who caused the accident is responsible for the damages and injuries that resulted. This term is important in motorcycle accident cases because the party who is AT FAULT is typically held liable for any damages or injuries suffered by the other parties involved in the accident.
What should I do if someone hits me and then drives away in San Francisco, California? Can I get money from them?
If you are in a motorcycle accident, it is very important to have good uninsured motorist coverage. This is insurance that will help you if the other driver does not have any or enough insurance. We recommend at least $250,000 in coverage. You can also try to find surveillance footage and witnesses to help identify the other driver.
Who is liable for a motorcycle accident when two motorcycles are lane-sharing in Los Angeles?
There is no one correct answer to this question. It depends on the specific facts of what happened.
Why should a motorcycle accident victim contact a San Francisco motorcycle accident lawyer before speaking to an insurance company?
If you are in a motorcycle accident, it is important to contact an experienced San Francisco motorcycle accident lawyer as soon as possible. An attorney can protect your legal rights and help you get the compensation you deserve from the insurance company. When you get into an accident, the insurance company for the other driver will try to get you to say things that make it look like you were at fault. Please remember even if you are honest, you can make your case worse. For example, if you don’t get the medical treatment you need to document your injuries, or if you don’t take pictures of your injuries when they are still fresh, the insurance company will have a harder time believing that you were really injured. If you don’t collect evidence or talk to witnesses, it will be even harder to prove that the accident wasn’t your fault. Most people don’t know what to do after an accident and need legal help.
Why should a San Francisco motorcycle accident victim never admit fault at the scene of an accident?
Because the motorcycle rider doesn’t have the legal background to know who is at fault, they might make the wrong decision. We had a client who thought he was at fault because he broadsided the passenger side of a vehicle that turned left in front of him. He thought he was at fault because he hit the other vehicle. In that case it was the driver’s fault as the left-turning car violated the motorcycle’s right-of-way. The motorcycle rider might not have all of the facts straight because of how traumatic an accident can be and how quickly they happen. There may be witnesses who saw what happened, whose account is different than what the motorcyclist remembers. Never admit fault if you’re in this situation.
If you want to suggest additional Local Accident-Avoidance Tips, please Contact Us
As it is true with most things in life, the key to preventing motorcycle accidents is to be knowledgeable and prepare for emergencies before they occur. We recommend every rider take motorcycle safety classes and stay up-to-date on your state and federal motorcycle laws. Another way to prevent accidents from happening is to be aware of the common types of accidents that occur to bikers across the country. Read our accident scenarios below and watch out for these instances while on the road.
No matter how careful and prepared a rider you may be, there are a lot of drivers on the road now who are not paying attention to their surroundings. They’re texting, eating, navigating and in general, taking their eyes off the road. A resulting collision can mean serious injuries to motorcyclists and damage to your bike. It is very rare that an injured motorcyclist is able to get his bills paid, get reimbursed for lost wages and otherwise be made whole for his injuries when the automobile driver only has $15,000 in liability insurance. When you get minimum coverage you’re taking a huge gamble and putting your ability to recover after an accident in a complete stranger’s hands. A surprising number of drivers have no insurance. We as riders, need to depend on ourselves and protect ourselves by getting uninsured/underinsured coverage with high limits.All these tips combine with our accident checklist to help you enjoy fun, stress-free rides.
BEST PRACTICES FOR MOTORCYCLISTS
- Ride defensively
- Ride to your abilities
- Avoid freeway and canyon riding until you are experienced enough to do so
- Avoid riding in inclement weather
- Be visible with the proper clothing and a working headlight
- See our Gear List
- Communicate your intentions with proper signals, brake light, horn, and lane position
- Never pass a slow moving vehicle in any situation with out signaling with your horn.
- Maintain an adequate space cushion
- Scan your path of travel
- Identify and avoid hazards such as:
- Erratic drivers
- Potholes and road erosion
- Roads slick from rain or ice
- Wet leaves and other debris
- Be prepared to act
- Don’t drink and ride
- Even if justified don’t provoke someone in a vehicle, report them instead
COMMON ACCIDENT SCENARIOS
- Intersections
- Watch for motorists making sudden left hand turns. This is the most likely scenario for a motorcycle accident to occur.
- Lane Changes
- Coming in and out of driveways
- Potholes
- Excessive speed
- Lane sharing
MOTORCYCLE SAFETY COURSE
Even experienced riders can benefit from taking a professional Motorcycle Safety class. Instructors share a multitude of practical tips to improve your riding skills and the latest bike handling tricks. It’s never a bad idea to have a refresher class and increase your knowledge and awareness on the road. Most courses provide both classroom style instruction as well as hands-on riding courses in off-road, controlled environments.
You learn and refine the following skills:
- Using the clutch friction zone for control
- Progressive brake pressure to stop without skidding
- Counter steering techniques
- Low-speed maneuvering
- Limited space maneuvers
- Techniques for crossing over obstacles
- Proper curve judgement
- Leverage for lifting heavy bike techniques
If you are in a motorcycle accident, there are a few things you should do immediately if you’re able to. If you’re uninjured and your bike has been moved out of traffic, complete the following checklist before to ensure you obtain all the information you need.
The information obtained from the accident checklist will be helpful if you need to file an insurance claim or experience any injuries.
Assess the Situation
- If someone is hurt, call 911 immediately
- If no one is hurt but there is a lot of damage, call the Police
- Police Report – Make Sure Your Version is Accurate
Get off the Road
- If it’s safe to move your vehicle, do so. If it’s not safe to move your vehicle, don’t!
- Seek Medical Treatment
- Even if you feel ok, many injuries are not realized right away.
Get as much Information as Possible
- Other Driver’s Information
- Name
- Address
- Phone Number
- Driver’s license number
- Email Address
- Make, model and year of the vehicle
- License plate number
- Insurance carrier and policy number
- Witness Information
- Name
- Phone Number
- Email Address
- Take pictures if safe to do so
- Damage to your motorcycle
- People involved in the accident
- Other Driver’s license and insurance info
- Accident location and road conditions
- Get Police information
- Officer’s name and agency
- ID number
- Police report number
- Station location
Keep Record
- Of all doctor’s visits & notes, time off work, correspondence with insurance, anything and everything related to the accident.
Contacting your Insurance Company
- DO NOT contact your insurance company. Your version may not be 100% accurate and could negatively affect your case.
- If you are injured, DO NOT contact your insurance company as your memory may not be accurate and could hurt your case. Russ Brown Motorcycle Attorneys will open the claim.
- DO NOT speak with the other party’s insurance company.
Call Russ Brown Motorcycle Attorneys® for a Free Consultation
- Insurance companies may try to get you to settle quickly and for less. DON’T! Be sure to talk to one of our experience motorcycle accident attorneys before you do anything!
Motorcycle Insurance requirements vary from state to state so the best person to give you insurance advice is your insurance company (we do not sell insurance) but here are some insurance basics:
Uninsured or Underinsured Motorist Coverage (UM/UIM)
- Do not place your ability to recover from an accident in someone else’s hands. Getting good UM/UIM insurance almost guarantees your ability to recover after an accident if the other party was at fault, depending on your injuries and damages. The more UM/UIM you get – $100K or $300K or more – the more likely you will be able to recover.
- No one should ride without (UM/UIM) coverage. It’s absolutely critical. Once you get the bike–first, save enough money to buy the insurance, then save enough money to buy the gas.
- If possible, address all aspects of coverage including: liability, property damage, collision, comprehensive and medical coverage.
Umbrella Insurance
- Covers extensive damages as well as UM/UIM
- Covers damages that you may cause in an accident with your automobile or other vehicle.
- Get the best you can afford
- Are sold in in increments of $1,000,000. State Farm offers it even if you only have $100,000/$300,000 on the underlying. AAA requires $500,000 on the underlying. Shop around and explore the option that makes sense for you.
Additional Collision Coverage
- While an insurance company may pay for the motorcycle accident damage to your sport bike or Harley, what about your accessories or that expensive paint job? Always save receipts when you add all that custom chrome to your bike or spend $5,000 on a paint job. It is critical to get additional collision coverage for the custom work/parts on your bike to be sure you are properly compensated for the repair.
Bodily Injury
- If you injure someone your personal assets could be at risk. We see people with $15,000/$30,000 (The first number is the maximum for each person hurt and the second number is the total available for all people hurt). Depending on your assets you may want limits at $250,000/$500,000 or $500,000/$500,000 and then get an umbrella policy which is very reasonable for the coverage it offers. It kicks in after your underlying limits our exhausted.
Property Damage Limits
- If you damage property. $100,000 is usually enough unless you total out someone’s luxury vehicle, or take out a house, etc. Shop around and explore the option that makes sense for you.
Contrary to popular belief, almost all accidents involving a motorcycle are NOT the result of carelessness by the motorcyclist. Most of the individuals involved in these accidents sustain severe injuries and the cases could take years to resolve. It can be impossible for someone who had been seriously injured in a motorcycle accident to support themselves financially during the lengthy process of the lawsuit. Bottom line is get the best coverage you can afford; your future comfort and livelihood may depend on it.
Aside from the most obvious injuries that can occur without the proper gear, road rash can be extremely painful. Suit up every time. No exceptions.
D.O.T. Helmet– certified by the Department of Transportation
- Novelty helmets don’t protect you, and brain injuries are life-changing.
- Wearing a non-DOT helmet is a huge risk, not only to your head but it can also reduce your recovery.
- Most importantly, if you wear the right helmet, you are 3 times more likely to survive a head injury
- Keep it securely fastened or it may come off your head before it gets a chance to protect you
Face or Eye Protection
- In most states, eye protection is required unless your motorcycle is equipped with a protective windscreen
Protective Clothing
- Leather or Kevlar, protective body armor for entire body.
- Motorcycle gloves
Tough Footwear
- Steel toed boots that come up over your ankle are best.
- Heels should be short so they do not catch on rough surfaces
- Tuck in your laces so they won’t catch on your motorcycle
Know your Motorcycle
- Properly sized bike
- Your feet should reach the ground while you are seated on your motorcycle
- A motorcycle needs more attention than a car, check each of the following before you ride,
- Tires for sufficient tread and air
- Headlight, tail light, brake light, turn signals, horn and two mirrors are in working condition
- Oil and Fluid levels
- Battery Condition
- Chain/Belt and Kick-stand condition
Tools & Emergency supplies
- Jumper cables, mini battery charger, compressor
- Riders Helping Riders card for when you are riding alone
- Accident checklist, pen, & camera
Whether your motorcycle accident involves significant injuries or is a minor no-contact accident involving scrapes and property damage only, it’s worth your time to call Russ Brown Motorcycle Attorneys® hotline. We consistently take on difficult cases; we will provide free advice, even if the circumstances do not look favorable. We have the experience, the resources and the highly qualified staff necessary to deal with motorcycle accident cases that other San Francisco Motorcycle Accident lawyers can’t handle.
01
Insurance Hurdles
Russ Brown Motorcycle Attorneys® have the experience to successfully battle denial of liability claims by insurance companies. We see through veiled attempts to minimize your injuries and/or monetary recovery and are skilled at dealing with the delay tactics and/or character assassination used by insurance companies to frustrate and wear you down. Our firm’s aggressive approach to unreasonable arguments involves specialized knowledge of the law and relentless attention to detail. We take uncommon care to investigate all aspects of your motorcycle accident case, including the availability of additional coverage. We don’t back down and will always extend our best possible effort to maximize your recovery.
02
Bad Police Report
While a bad or unfavorable police report may seem like the end of your motorcycle accident claim, it is in fact one of the more common obstacles we face at Russ Brown Motorcycle Attorneys®. Unfavorable police reports do not faze us; they come with the territory of being a San Francisco Motorcycle Accident lawyer and we know how to pick them apart. We understand how frustrating it can be when your side of the story is not portrayed correctly or acknowledged by witnesses or police. Whether due to bias, inexperience or simple error, even the best police officers do make mistakes and witnesses can be misquoted or even downright lie. Their accounts do not necessarily end your case– do not give up without calling us. Here are some case examples to illustrate how proper investigation and insight can turn a case around.
03
Told “No Case”
Many personal injury attorneys out there are known to sift Motorcycle Accident Injury Cases, taking on only the straight forward, “slam-dunk” cases. At Russ Brown Motorcycle Attorneys®, we take the tough Motorcycle Accident Injury Cases and fight the good fight. Our motorcycle injury lawyers have had many successful outcomes to Motorcycle Accident Injury Cases that other attorneys turned down. Injuries, medical treatment & repairs can be undervalued and case strategy overlooked due to ignorance or lack of experience. Some personal injury attorneys do not have the experience necessary to recognize a winning Motorcycle Accident Injury Case or may be hesitant to file a lawsuit. They may not understand the culture of motorcycle riders or be so unfamiliar with standard motorcycling practices that they misunderstand a rider’s actions on the road. Not only do we leave no stone unturned, our reputation for fearlessly litigating Motorcycle Accident Injury Cases can help to resolve cases more quickly.
04
AT-Fault Issues
At-Fault Issues such as Excessive Speed, Failing to Yield, No License, No Insurance, No Contact Crashes, Intoxication, etc. do require effort to investigate and overcome, but they are a regular, everyday challenge at Russ Brown Motorcycle Attorneys®. We are used to tough circumstances and have plenty of experience turning the tables on our adversaries. Knowing the common scenarios for motorcycle accidents inside and out, we work to prove your version of the facts and rely on hard work, superb legal skill and solid investigation to get the job done. Even if you do bear some responsibility for your Motorcycle Accident, there is a good chance we can assist you just like we have thousands upon thousands of other riders. Don’t accept a rejection or low offer without getting professional help.
05
Above and Beyond
One of the many benefits in working with a law firm that has been in business as long as we have is that we have cultivated relationships across the board. Russ Brown Motorcycle Attorneys® know respected doctors and top specialists who are willing to provide medical care on a lien basis, so you can get the best medical attention for your Motorcycle Accident Injuries that you deserve at no immediate out of pocket expense.
Alcohol-related accidents continue to be a severe problem for motorcycle riders. Riders and people in cars continue to drink and drive/ride. Alcohol-related accidents are starting to go down again, which could be due to education/training, other ways of getting home (i.e., Lyft, Uber, and taxi cabs), and law enforcement actions.
Accidents were on a steady rise for years and are now going down again, which could be for numerous reasons, including education, training, and motorcycles with better, safer technology.
This graph should help you realize how motorcycle gear can save you from minor becoming severe injuries. Almost every motorcycle accident will have some injury to the rider. Wearing proper gear could significantly reduce many injuries and shrink these categories significantly. The old saying still rings true “dress for the slide and not the ride.”
Alcohol is only involved in a fraction of recorded motorcycle crashes. That may sound like good news, but these accidents could have been easily avoided. It is recommended that you never drink alcohol while riding your motorcycle. If you do decide to drink alcohol, please check your state’s Legal Limit for DUI. The allowed Blood Alcohol Level while riding your motorcycle can vary greatly and is usually from .02, under the Legal Limit for Zero Tolerance, and can be as high as .08. Not all states allow for a Blood Alcohol Level of .08.
Riders Helping Riders
Riders Helping Riders is a unique volunteer organization of Bikers Helping Bikers®. Motorcycle Attorney Russ Brown started the free emergency roadside assistance program decades ago to provide breakdown assistance to motorcyclists across the country. Riders Helping Riders’s nationwide volunteer network of roughly 2 million motorcyclists can help you in an emergency. If you experience a breakdown or mechanical problems while on the road, call 1-800-4-BIKERS, and we will search our volunteer network and send someone out to help.
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