About Russ Brown

"Call Russ, Tell Him I Need Help"
This Los Angeles-Based Biker/Lawyer Directs A Nationwide Network of Legal Samaritans.

Russ Brown is a lean, fit-looking man who is more at home in T-shirts and cutoffs than corporate three-piecers. For 35 of his years, Russ has been an enthusiastic motorcyclist; and for the past 25 years has been a lawyer specializing in personal injury cases. Russ entered military service in the sixties. When his tour of duty was up, he bought a Honda Super Hawk 305 to use as a commuter bike to and from school. After graduation, he set up a modest personal injury practice. His present motorcycles include a candy apple-red Harley FLTC, Honda CBR1100XX Blackbird, V-Twin Trike, and a 996R Red Ducati, a red T-Rex, a Harley V-Rod, a Goldwing, and a Yamaha FJR 1300.

We talked to Russ in his office. The following are his comments about the two subjects closest to his heart: biker's rights in personal injury cases and BAM (Breakdown and Legal Assistance for Motorcyclists) - a nationwide organization that he founded.

"In a way, I guess this all got started in the late-seventies or thereabouts. As my practice grew I was able to get more riding time. I bought the Goldwing about then and started to go to more rallies. People knew I was a lawyer. The more riders I came in contact with, the more questions they would ask me about various aspects of motorcycle accidents. I could see there was a need for someone who knew about motorcycle accidents to provide these people with some assistance and support. So I just kind of gravitated toward the biker client. At present close to ninety-nine percent of my practice is made up of motorcyclists.

"Our service is sort of a two-part thing. The first thing we try to do is make sure the rider involved in an accident gets the proper care. When you're in an accident, the adrenaline really gets to pumping. Sometimes the guy doesn't even realize he's hurt. So we try to settle him down - we actually do a mini-physical over the phone. We ask, how do you feel? What kind of pain do you have? Where does it hurt? We're not trying to be doctors or anything, we just want the rider to calm down and focus on any injuries he may have. If he declares he is not hurt at the scene, then subsequent claims are harder to prove.' Our first job is to get him to a point where he can make a realistic assessment of his physical state.

"The second phase is to get a police report and, if necessary, a reconstruction team to the scene of the accident. We want to put facts and events together, to reconstruct the accident and analyze what happened in terms of time, speed, and distance. That way we have something to compare against the police report. Unless the reporting officer is a motorcyclist himself- there are a lot of Blue Knights around, and that helps a lot, believe me - but unless the reporting officer rides it's amazing how often the official report does not reflect the actual circumstances of the accident.

"For example, one report stated that the bike in an accident had been traveling at 50 miles an hour when it went down. This was correct based on standard formulas for determining speed relative to how far the vehicle had slid. The error here was that those formulas are based on an automobile sliding on four rubber wheels. When a bike goes down, it's metal against asphalt and the machine will slide much faster. So after our reconstruction crew had finished, the police report was changed to reflect 35 miles per hour - which was a legal speed on that stretch of road.

"In many states the issue of contributory negligence is vital when it comes time to make an insurance claim. When extensive injuries are involved, it can mean thousands of dollars to the accident victim if no contributory negligence can be shown.

"One case we had recently was like that. At a T-intersection on a curving, semi-mountainous road, the police report showed that a pickup truck had impacted the motorcycle in the side. But the glass and debris pattern was to the left and front of the reported 'point of impact.' It didn't make sense. Our investigation team showed that the damage to the pickup was on the right front-- mostly glass from the headlight - and because the debris was thrown forward in the direction of the pickup's travel, we could prove it had been a head-on collision - and that the pickup had been driving on the wrong side of the road! This discovery made a significant difference to the victim.

"You see, most motorcyclists - most people in general, actually - are really not knowledgeable about the way accident claims work. They've paid their premiums for years; they expect it to be a matter of collecting what they're owed when they're involved in an accident. So the insurance agency's lawyers go into court and blow the little guy into the weeds and he walks out with a few bucks and a huge medical bill that's unpaid.

"We're here to see that doesn't happen. There is an enormous amount of prejudice against bikers and motorcyclists in general. In any accident involving a motorcycle, the tendency is usually for the insurance companies, the police reports, other motorists, and witnesses - even the judicial system itself sometimes - to give the benefit of the doubt to the motorist and against the rider.