San Diego Motorcycle Accident Attorneys

San Diego Motorcycle Accident Attorneys: Russ Brown Motorcycle Attorneys® has been fighting for motorcyclists’ rights for decades. California is where Russ Brown Motorcycle Attorneys® was founded almost 50 years ago.

We are experts in motorcycle accidents. “We handle more San Diego motorcycle accident claims than any other firm. It’s imperative that you have a San Diego motorcycle accident lawyer who understands the full particulars of the unique motorcycle laws in California, such as lane splitting and helmet laws. Russ Brown Motorcycle Accident Lawyers Chuck Koro and Jim Romag are dedicated members of the rider 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 Diego and the greater Southern California 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 Diego 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. Riding a motorcycle has a lot to do with freedom. Taking off on your bike with nothing but open highway ahead feels powerful and keeps us connected to nature in all her glory.

What is the process for a lawsuit when someone has been involved in a traffic collision?

While in some instances we file suit right away we generally try to resolve the case informally with the insurance company. Once our firm is retained, we order the traffic collision report and notify the insurance companies that our firm represents the injured party. We also send preservation of evidence letters to the other driver to preserve all vehicle data from recording devices and videos. Depending on where the accident happened, we may send a private investigator to the site to canvas for witnesses and surveillance footage. In some circumstances we send our accident reconstructionist to the site. We also order the CAD log from the CHP which may contain witness information. We follow the client’s medical treatment and once finished treating we order the records as well as work related documents if the client missed work. We then send a demand package with all the pertinent documents to the insurance company to get the negotiations started. If we cannot resolve it with the insurance company, we file a lawsuit, which begins the “discovery” process – depositions and written discovery. Most of the time after this process, the case goes to mediation which generally gets the case settled. If not, we proceed to trial.

In San Diego how long does the Motorcycle Accident Attorney process take from start to finish?

It varies widely for a variety of reasons – such as the fault issue, the extent of the injuries and recovery, whether a lawsuit is filed.

When should someone call a San Diego Motorcycle Accident Lawyer for a traffic collision?

Make the first call to us immediately after speaking with 911.

Can a motorcycle accident victim collect from the violent victim’s fund if they were involved in a hit and run?

The website sets forth who is eligible – There also is the California Victims Compensation Fund that generally provides up to $7,500 to the family of someone who was fatally injured for funeral and burial expenses. If there is a recovery from the at fault driver, It is usually reimbursable. They may reduce depending on the circumstances.

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. All personal injury claims, including injuries and damages sustained in a motorcycle accident, are torts resulting from the negligence of the at-fault party.

Why does California use a pure comparative negligence law? How does that effect San Diego motorcycle accident victims?

For years many states followed the contributory negligence doctrine which holds that if the injured party is found more than 50% at fault for the accident, the party could not collect anything for injuries or damages.  Eventually this changed in most states to comparative negligence, which is a fairer and more practical approach.  If the injured party is found to be partially at fault, say 55%, the injured party can still collect 45% of the case value.

What Is the Motorcycle Accident Statute of Limitations in San Diego?

For the entire state of California the Statute of Limitations is Two years, with some rare exceptions, but government claims have a much shorter statute. The injured motorcyclist has six months to file a claim with the proper government entity. The forms generally can be found online. A late claim can be filed up to one year after the accident but there’s no guarantee it will be granted. This would be a claim when a driver, while working for a State, County or City injured the motorcyclist, such as a parole officer, Caltrans worker, etc. This also applies to hazardous road condition cases, such as potholes, deficient warning signage, confusing intersections, deficient lighting conditions, etc. Once the claim is denied, which is almost always, the motorcyclist has six months to file a lawsuit. Claims against the federal government such as the Postal Service and other Federal agencies have a separate statute with a lot of moving parts. A motorcycle attorney should always be consulted to ensure the statute of limitations is protected for all parties.

What are the most common motorcycle accident injuries in San Diego?

In our opinion the shoulder, knee, ankle, femur, wrist, tibia and road rash are the most common injuries from motorcycle accidents. Other common injuries include broken bones, spinal cord injuries, traumatic brain injuries, skull fractures, lower extremity injuries, internal injuries, Lacerations, and disfigurement.

What effect does the California helmet law have on non-DOT helmet wearers after they become the victim of a motorcycle accident?

If the motorcyclist is not wearing a helmet that is approved by the Department of Transportation DOT and sustains a head injury, he’s likely to be comparatively at fault for his head injury resulting in the recovery being reduced by the percentage of negligence found on the motorcyclist. However, by consulting with a helmet expert our San Diego motorcycle attorneys can determine if the head injury would have been prevented if a proper helmet was worn. If not, the motorcyclist may be able to recover full value.

Who Is Liable for Motorcycle Accidents While Lane Splitting?

That depends on the facts. If the motorcyclist is splitting with due caution, the driver changing lanes is at fault. The guidelines for safe splitting are 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 Diego?

The injured motorcyclist is entitled to compensation 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 has a law that prevents recovering for pain and suffering (generally the largest portion of the settlement) if the motorcycle rider did not have liability insurance on the bike. There are a few exceptions, such as when the adverse driver is convicted of a DUI and when the injured motorcyclist was driving an employer’s vehicle that wasn’t insured. Also, it doesn’t apply to wrongful death claimants — heirs of someone who sustained fatal injuries. This is a very harsh law 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 opposing left turning vehicle is by far the most common motorcycle accident. This is when the vehicles are coming toward one another 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 effects motorcycle accident cases

This is just another term for negligence. Legally speaking negligence is owing a duty, breaching that duty and the breach is the proximate cause of the other person’s injuries and damages. For example, all drivers owe a duty to the motoring public to drive prudently and with caution, obeying the rules of the road. If they don’t, and injure somebody, they have breached the duty, and are at fault.

What happens if someone Hit and Runs? Is there any way for me to collect? What can an accident victim do to help the investigation?

It is critical that motorcycle riders have good uninsured motorist coverage when an at fault party either flees the scene or does not have any or insufficient liability insurance. We recommend at least $250,000 in coverage or, if that’s not affordable, at least $100,000. A dash cam or go-pro could help to identify the hit-and-run-driver. Also, the rider can canvass the area for surveillance footage and witnesses.

Who Is Liable for a Motorcycle Accident while two Motorcycles are lane sharing in San Diego?

There is no definitive answer. This is fact specific as to who did what; both could be comparatively at fault depending on the facts.

Why should a motorcycle accident victim contact a San Diego motorcycle accident attorney before speaking to an insurance company?

Insurance companies know how to ask the questions and the adverse driver’s insurance company will do its best to illicit incriminating responses. The motorcycle rider, even while being honest, can sabotage his case. Also, we’ve had motorcycle riders come to us late and by then they have hurt their case, for example by not getting the proper medical treatment to document injuries, by not canvassing the area for surveillance footage and witnesses, by failing to take photos of the injuries while they are prominent, failing to make a desk report if the police didn’t come to the scene, failing to get the motorcycle out of the tow yard, running up a huge bill that the insurance company won’t pay and the list goes on. Most people don’t know what to do immediately after an accident and need legal guidance from a reputable motorcycle accident attorney.

Why should a motorcycle accident victim never admit fault at the scene of an accident?

Because the motorcycle rider does not have the legal background to make that determination. 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, the opposite is true; the left turning vehicle violated the motorcycles rider’s right-of-way. Also, the motorcycle riders might not have the facts straight because of the trauma they sustained and the speed at which accidents occur. There may be witnesses who have a different more favorable version than the motorcyclist’s recollection. Never admit fault.

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.

Contact your Insurance Company

  • To report the accident
  • DO NOT contact the other party’s insurance

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!

Insurance Advice

Motorcycle Insurance requirements vary from state to state so the best person to give you insurance advice is your insurance broker (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 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
  • 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. We recommend getting additional collision coverage for the custom work 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 cheap 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 many years to reach a judgment. 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.

Riding Gear Advice

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 do a thing, 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
  • BAM card for when you are riding alone
  • Accident checklist, pen, & camera

LOCAL MOTORCYCLE ACCIDENT-AVOIDANCE TIPS

If you want to suggest local accident-avoidance tips, please Contact Us

Notable San Diego Roads

Banner-Grade Road, Firefighter Steven Rucker Memorial Highway, Julian Highway, Julian Road, Farmer Road, Nate Harrison Grade Highway S7, and the other winding roads of Palomar Mountain and Cleveland National Forest, Lilac Rd, Hwy 76, Hwy 79, Deluz Rd, Coast Highway, Interstate 5, Interstate 8, Interstate 15, Interstate 805, State Route 11, State Route 15, State Route 52, State Route 54, State Route 56, State Route 67, State Route 75, State Route 76, State Route 78, State Route 79, State Route 94, State Route 125, State Route 163, State Route 188, State Route 282, State Route 905.

Motorcycle Accident Avoidance

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 accordingly.

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
  • Counterweight techniques
  • Low-speed maneuvering
  • Limited space maneuvers
  • Techniques for crossing over obstacles
  • Proper curve judgement
  • Leverage for lifting heavy bike techniques

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 Diego 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, 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 Diego 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 smaller 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 sometimes helps 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

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 to 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.

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Looking for the best California Motorcycle
Attorneys near you?

We Ride
We Care
We Win

Since 1975, Russ Brown and Chuck Koro have won millions throughout the Greater San Diego area for injured motorcyclists.
Representing motorcycle riders in San Diego County, Riverside County, San Bernardino County, Ventura County, Orange County & Imperial County, Russ Brown Motorcycle Lawyers giant footprint is as The Original Attorneys Who Ride®. In addition to the legal assistance they give to individual motorcyclists, they are also known for their generous support of clubs, charities, and businesses in the Southern California motorcycle community and for their funding of the BAM program, a giant buddy system of volunteer bikers offering free breakdown and legal assistance to fellow riders should they need emergency roadside help.
In addition to the legal assistance they give to individual motorcyclists, they are also known for their generous support of clubs, charities and businesses in the Southern.

From Antelope Valley cities Lancaster and Palmdale, to Ventura, Oxnard & Simi to Santa Clarita & Valencia, to Victorville, San Bernardino County, Riverside, Ontario, Moreno Valley, Palm Desert, Temecula & Fallbrook, from San Clemente to Newport, Irvine to Anaheim, Long Beach to Hollywood to East San Diego, El Monte, Downey, Compton and Inglewood, all the way up to San Fernando Valley cities like Canoga Park, Studio City, Pasadena, and Chatsworth… there is virtually no city in Southern California they have overlooked. Riders across the San Diego area have benefitted from Russ Brown & Chuck Koro’s dedication to providing tough legal support when they need it most.

Greater San Diego Locations

4400 Coldwater Canyon Ave Studio City, CA 91604

111 West Ocean Blvd, 4th Floor Long Beach, CA 90802