Over $1 Billion Recovered for Motorcyclists
Driver made left turn in front of rider.
Driver made unsafe lane change.
Equipment from semi fell onto freeway into rider’s path
Blown stop sign
Los Angeles Motorcycle Accident lawyers
Managing Partner
Partner
Attorney
Russ Brown Motorcycle Attorneys® is headquartered in Los Angeles with offices throughout the state. For over 50 years, motorcycle law has been our sole focus, not a subdivision of our practice, but the entirety of it. This unwavering dedication has produced a proven track record: a 98% success rate and over $1 billion recovered for injured riders across the United States.
Since 1975, we have zealously advocated for motorcyclists, navigating the nuances of personal injury law, countering insurance carrier tactics, and confronting systemic bias against riders with tenacity and precision.
Our attorneys are not only litigators but active members of the motorcycle community. You’ll find us at major rallies, local events, and community forums nationwide, standing shoulder to shoulder with the very riders we represent.
Managing partners Chuck Koro and Jim Romag bring an unparalleled depth of knowledge in complex liability cases, policy-limit negotiations, bad faith insurance practices, and contributory negligence defenses commonly used to diminish a rider’s claim. They understand the uphill battle riders face in a system that often marginalizes them, and they know how to win.
At our core, we are rider advocates. Whether you need legal representation or guidance on next steps after an accident, our attorneys are available to offer experienced, no-obligation legal advice, free of charge.
For over 50 years, we’ve been closely connected to the local motorcycle scene, frequenting legendary locations like The Rock Store and building lasting relationships with riders across Southern California. Our legacy is built on an unwavering commitment: we focus exclusively on representing injured motorcyclists. With decades of proven experience, we advocate relentlessly for riders’ rights locally and nationwide.
Call 1-800-424-5377 today to speak directly with a motorcycle accident attorney.
Los Angeles Motorcycle Accident Attorney FAQ
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 the case 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.
How long does it take to settle a claim after an accident from start to finish in Los Angeles?
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 Los Angeles 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 CAVCB if they were involved in a hit and run?
Yes. A motorcycle accident victim may be eligible for benefits through the California Victims Compensation Board (CAVCB) if they were injured in a hit-and-run collision and meet the program’s eligibility requirements.
There is also the California Victims Compensation Fund, which generally provides up to $7,500 toward funeral and burial expenses for families of victims who were fatally injured. If compensation is later recovered from the at-fault driver, reimbursement may be required. Benefits may be reduced depending on the circumstances of the claim.
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 affect victims of motorcycle accidents in Los Angeles?
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 Los Angeles?
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 injuries after motorcycle accidents in Los Angeles?
Shoulder, knee, ankle, femur, wrist, tibia, and road rash injuries are among the most common injuries suffered in Los Angeles motorcycle accidents. Other frequent injuries include broken bones, spinal cord injuries, traumatic brain injuries (TBI), skull fractures, lower extremity injuries, lacerations, and permanent disfigurement.
What affect 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 Los Angeles 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. However, there can be a finding of comparative fault on the lane changing vehicle and the motorcycle, contact Russ Brown Motorcycle Attorneys to determine how fault may be apportioned in your specific case.
How is Compensation calculated for Motorcycle Accident victims in Los Angeles?
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 affects 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 UM/UIM coverage or, if that’s not affordable, at least $100,000. A dash cam or GoPro 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 Los Angeles?
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 an accident victim contact a Los Angeles motorcycle 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.
When there is an injured passenger in a motorcycle accident, against whom should the claim be made?
Since the passenger is negligence-free, he or she can pursue a claim against all involved drivers, including the driver of the motorcycle. As you might imagine, under some circumstances, you as a passenger may be faced with a tough decision on whether to pursue a claim against your own driver. However, in order to receive compensation for your injuries adequate to cover your medical expenses, it may be necessary.
In the situation where the motorcycle rider is fully at fault, the passenger will also have to proceed against his own driver if he wants to recover. This is a difficult decision and some passengers simply choose not to take any action against their own driver. Others understand that the funds are paid from the driver’s insurance company, not the driver himself, and agree to proceed against those funds only. It should be noted that usually, the claim cannot be made against a family member or if both are on the same insurance policy.
- Fatal
- Injury (Severe)
- Injury (Other Visible)
- Injury (Complaint of Pain)
Explore this map to find the intersections, streets, and areas near you where motorcycle accidents are the most common. Use extra caution when riding your motorcycle in high-risk areas. Ride safe!
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.
Statistically, weekday traffic patterns affect motorcycle safety. Monday appears to be the safest day to ride, possibly reflecting rested drivers after the weekend, while Friday shows the highest accident rates. Weekends are not significantly safer, possibly due to increased recreational riding and higher traffic in popular areas.
This graph should not surprise anyone because most riders want nice weather before we sling a leg over our bike. Click here for tips about riding in the rain.
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.”
In 2020, there were approximately 2900 motorcycle accidents in just Los Angeles. There were 127 alcohol-involved motorcycle crashes which came out to a little over 4% of all crashes. That doesn’t sound bad, but these accidents could have been easily avoided.
An intersection is considered where any two types of roads connect. Intersections continue to be one of the most common scenarios where motorcycle riders get seriously hurt or killed. Anytime you come to an intersection, you want to make sure you slow down a little and check both ways. Whether we have the right of way or not going through the intersection, we will be the ones with injuries if we collide with a vehicle.
In Los Angeles, motorcycle accident data indicate that January and February have the highest incidence rates, possibly due to visibility and road conditions. Summer months show the next highest rates, likely reflecting increased motorcycle traffic on city streets and highways.
Most people involved in a crash stop and wait for law enforcement or at least exchange information with the other party. When motorcycles are involved in motorcycle accidents, there are usually some injuries. If someone is injured and the other party flees the scene, it’s considered a felony hit and run. (There are very few times where a motorcycle accident doesn’t include injuries, which is why the misdemeanor hit and run portion is so small.)
Most motorcycle accidents occur in dry conditions, meaning the rider had the best possible road traction and was still involved in a motorcycle accident. Few motorcycle accidents were in less than ideal conditions. The importance of training and practice of emergency braking in different conditions could significantly reduce motorcycle accidents. Click here for tips about riding in the rain.
Road conditions did not play a role in most of the motorcycle accidents. Most motorcycle accidents happen under normal road conditions. Construction zones were the second biggest area where riders were involved in motorcycle accidents. Even when the road conditions look perfect, there are always small things that can cause motorcycle tires to lose traction long enough to cause a crash.
During most of the motorcycle accidents in Los Angeles, it was daylight which meant that the rider and the other vehicle had the best visibility. The second area of lighting conditions where motorcycle riders were involved in motorcycle accidents was when it was dark, and there were street lights. Even though it was dark, there were street lights to help the rider and other vehicles on the road to have better visibility.
For the most part, as the day goes on, your chances of getting involved in a motorcycle accident will go up. This is due mainly to more vehicles on the road.
TIPS TO AVOID ACCIDENTS IN LOS ANGELES
Ride extra careful while splitting lanes in Malibu, Los Angeles County, California. There are grooves cut in the pavement in between the dotted white lines. You will likely hit them when you are splitting lanes, and they will cause some unexpected movement to your motorcycle if you are not expecting them.
The Public Works Superintendent for the City of Malibu told us:
“Recessed pavement markings are primarily used to protect reflective pavement markings from maintenance division plows or damage. Recess markings are proven to be especially useful protecting investments made in “wet-night” reflective technology products. Typically used in high altitude, mountain and canyon roads.”
If you would like 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 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 IN LOS ANGELES
- 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
ACCIDENT CHECKLIST
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!
Local Motorcycle Routes
Motorcycle Ride Route in La Habra, California – “Local Quickie”
Great California Motorcycle Rides: Joshua Tree
Route Report: Motorcycling in San Francisco’s East Bay
Top Six Motorcycle Hangouts in Southern California
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® nationwide volunteer network of over 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.
A partial
list of some
of the
cities we
serve:
