A San Francisco motorcycle accident can cause catastrophic injuries that lead to tens of thousands of dollars in medical expenses. This is because motorcycle accident victims tend to face more severe injuries than car accident victims due to the limited protection that motorcycles provide.
If you’ve been involved in a motorcycle accident case in San Francisco, then you may be wondering how to file a claim with the insurance company. It’s vital to understand what it takes to win fair compensation for your injuries — and how a San Francisco motorcycle accident attorney can help you navigate the claims process.
Here is everything you need to know when pursuing a motorcycle accident settlement in San Francisco so that you can protect your rights and fight for fair compensation with the help of an experienced motorcycle accident attorney.
San Francisco Motorcycle Accident Statistics
According to the 2023 SafeTREC report, 14% of nationwide traffic fatalities were motorcyclists. In California alone, motorcyclists made up 13% of traffic fatalities, and researchers report that motorcycle accidents in the state increased 2.9% between 2020 and 2021.
The study also revealed that unsafe speed and improper turning were the two most common primary factors in serious injury and fatality motorcycle crashes, accounting for 29% and 21.9% of collisions, respectively. These statistics don’t account for all motorcycle accidents, though.
Researchers primarily focused on car accidents where motorcyclists experienced severe injuries or death. In addition to those types of motorcycle accident cases, hundreds of other motorcyclists are injured every single year. Even a minor or moderate crash can lead to emotional distress and personal injury.
With that in mind, it’s important to seek legal representation from a skilled attorney in San Francisco if you experience a crash. A motorcycle accident lawyer can help determine whether you are entitled to compensation for your medical expenses, lost wages, physical pain, and emotional trauma.
Common Injuries in Motorcycle Accidents
Typical vehicular accidents can leave you with a wide array of personal injuries, but a motorcycle accident can cause even more severe injuries and pain. Some of the most common types of injuries associated with motorcycle accidents in San Francisco include the following:
Traumatic Brain Injuries (TBIs)
Head injuries can range from a mild concussion to a traumatic brain injury that affects you for the rest of your life. As a motorcyclist, you can be at risk for head injuries even when wearing a helmet. TBIs can lead to long-term cognitive impairments and significant future medical expenses.
If you or a loved one has suffered a TBI, it is essential to account for all of your medical treatment. You will likely need months or even years of ongoing medical treatment, which means huge medical bills and miscellaneous expenses, including transportation costs.
Spinal Cord Injuries
Spinal damage can result in partial or complete paralysis. These types of injuries are often permanent, meaning you can experience limited mobility and a diminished quality of life for the long term. When seeking compensation for spinal cord injuries, a motorcycle accident lawyer can account for medical expenses, lost wages, and the physical pain and emotional distress that the incident caused you.
It can be challenging to calculate the monetary impacts of a lifelong disability. Fortunately, experienced personal injury attorneys can help you seek maximum compensation for intangible effects like these.
Broken Bones
Motorcyclists commonly suffer broken arms, legs, or ribs during a crash. While it is possible to make a full recovery from broken bones, you may also experience ongoing complications. Your recovery process will vary based on the severity of the break and the location. If you require surgery, providers may have to install plates, screws, and other hardware, which can cause ongoing pain.
Road Rash
Road rash represents one of the minor injuries you may experience during a motorcycle accident. However, road rash tends to be incredibly painful. More severe cases of road rash may require debridement or surgical intervention.
Building a Strong Motorcycle Accident Claim
No two motorcycle accident cases are alike. If you’re wondering where to start on how to win a motorcycle accident claim, try taking these key steps first:
Collect Evidence at the Scene
A motorcycle accident scene contains valuable evidence that your personal injury attorney can use to seek fair compensation on your behalf. If you are able, take photographs of the scene. Focus on traffic signs, vehicles, road debris, and any other evidence that you think an experienced attorney may be able to apply to your case.
There’s no such thing as too many photographs. If you think a piece of evidence may be useful, take a picture of it.
You should also talk to any witnesses who are present. Witness statements help add clarity to personal injury cases, especially if the other party is trying to blame you for the crash. Ask witnesses for their names and contact information. Once you hire an experienced attorney, pass that information on to them so that they can follow up.
Seek Medical Care
You should always obtain a medical evaluation after a motorcycle crash. Seeking medical attention is important because it:
- Documents the extent of your injuries
- Creates detailed medical records that can be used in court
- Ensures you receive timely care and treatment
Make sure that you save any invoices and other records so that you can forward them to your motorcycle accident lawyer.
Consult With an Experienced Motorcycle Accident Attorney
After the dust has settled, you need to find a personal injury lawyer with experience helping motorcycle accident victims. San Francisco motorcycle accident attorneys often provide free consultations to new clients. Make sure you bring any important documents to your consultation so that your attorney can provide accurate recommendations based on all of the facts of the case.
While you can technically talk to the insurance company yourself, doing so may result in lowball offers. The insurance company is not on your side and may want to pay you as little as possible for your motorcycle accident. If the other party is blaming you, the insurance company may try to avoid paying anything at all.
Skilled legal representation from an experienced motorcycle accident attorney can help you push back against the insurance company. Your lawyer can guide you through the legal process, negotiate with the insurance company on your behalf, and work to recover fair compensation.
Proving Negligence in a Motorcycle Accident Case
To win a motorcycle accident claim, you need to prove that the other party acted negligently. Having experienced legal representation is critical when proving negligence, especially if the other party is blaming you. Here are the essential aspects of proving negligence after a motorcycle crash.
Establishing Negligence
Your motorcycle accident lawyer must establish the four core elements of negligence, which include the following:
- Duty of Care: The other party had a responsibility to operate their vehicle safely
- Breach of Duty: They acted in a careless or reckless manner
- Causation: Their actions caused or contributed to the motorcycle accident
- Losses: You suffered financial losses and personal injury as a result of the incident
All four elements are necessary to win a motorcycle accident settlement.
Using Evidence to Support Negligence Claims
In California, drivers have a responsibility to operate their vehicles in a safe and careful manner. Therefore, the duty of care is automatically established in virtually all motorcycle accident claims.
Your personal injury attorney can use a variety of evidence to prove the other elements of negligence. For instance, they can use witness statements and traffic reconstruction data to demonstrate that the other party was speeding or driving while distracted.
This can prove that a breach occurred and that the other driver caused the motorcycle accident. They can then use the results of a thorough medical evaluation to show the extent of your damages.
These are just a few examples. Experienced motorcycle accident lawyers can build a strong case for compensation based on the unique circumstances surrounding your case. They may hire expert witnesses, subpoena cell phone records, obtain security footage, and review police reports from local law enforcement agencies to support negligence allegations.
Laws Affecting Your Motorcycle Accident Claim
California has several laws that could impact your motorcycle accident case. Two of the most important legal provisions that you need to be aware of include comparative negligence and mandatory helmet laws.
Comparative Negligence
Comparative negligence is a legal principle that the court uses to reduce the amount an injured party can recover based on their contributions to the incident. Suppose that a motorcycle rider is 30% at fault for a motorcycle accident, and the other party is 70% at fault. In this instance, the plaintiff could only recover 70% of the damages.
California follows a pure comparative negligence rule. This means that motorcycle riders who are plaintiffs in personal injury cases are allowed to claim damages for their personal injuries, even if they have a majority share of fault. For example, a motorcycle rider who was 90% at fault could still claim damages for the 10% that they were not at fault.
California’s Mandatory Motorcycle Helmet Requirements
California requires all motorcycle riders and passengers to wear a helmet. It’s important to wear all legally required protective gear when riding a motorcycle in San Francisco to reduce your risk of injury. Additionally, if you are involved in a San Francisco motorcycle accident and aren’t wearing a helmet at the time of the crash, it could decrease your ability to pursue compensation.
Taking Your Motorcycle Injury Case to Trial
If you can’t reach a fair settlement, you may have to take your case before a judge or jury at trial.
Do All Motorcycle Accident Cases Go to Trial?
Most San Francisco motorcycle accident cases are settled outside of court. A motorcycle accident settlement is an agreement between both parties to end the dispute. During the negotiation process, the at-fault party and their insurance company will typically offer compensation. A motorcycle accident settlement is usually faster and less stressful than taking a case to court.
However, an experienced San Francisco personal injury lawyer will only recommend a motorcycle accident settlement if it is in your best interests. If the other party refuses to negotiate in good faith, you may have to take your case to trial.
When to Consider Going to Trial
You may need to take your San Francisco personal injury case to trial if the insurance company refuses to offer a fair motorcycle accident settlement. Going to court may also be necessary if the other party is blaming you for the accident. If this happens, a judge can determine your percentage of fault and make a ruling regarding compensation.
Going to court generally takes longer than reaching a settlement. It can provide an opportunity to earn maximum compensation, though.
What to Expect During Trial
Here’s what to expect when taking your San Francisco motorcycle accident to trial:
- Jury selection
- Opening statements
- Presentation of evidence
- Closing arguments
- Verdict
It’s up to the jury or judge to decide the outcome of your case. After the result is decided, the judge will issue a final ruling, which specifies the settlement amount and other terms.
The Role of a Motorcycle Accident Lawyer
A motorcycle accident attorney can help you navigate all the steps of your San Francisco personal injury claim. Specifically, your lawyer can:
Review Evidence From the Accident Scene
A San Francisco personal injury lawyer can gather and review any evidence relevant to your case. This may include medical records, police reports, and photographs of visible injuries. They might also talk to witnesses to better understand the circumstances surrounding your incident.
The more evidence you can provide, the better. Bring your attorney receipts, medical bills, and any other information that you think may be useful.
Calculate Potential Damages
A San Francisco accident attorney can also calculate the potential value of your claim by considering losses such as:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Future medical expenses
- Miscellaneous expenses
All of these factors impact your ability to negotiate for compensation. The goal is to pursue fair compensation based on both the direct and indirect costs of your crash.
Negotiate With the Insurance Company
Your San Francisco lawyer can negotiate with the insurance company on your behalf. They have the legal knowledge to file insurance claims and push back against lowball offers.
You may need funds to cover ongoing medical care, physical therapy, and damaged property. Without a lawyer’s help, you may not secure enough compensation to account for all of your potential needs.
Represent You in Court
If your case goes to trial, your lawyer can present a strong case on your behalf. They understand how to navigate legal proceedings and enforce your rights under California law. The right attorney can give you peace of mind during the legal process so that you can focus on recovering from your injuries.
The attorney you choose to represent you can have a huge impact on the outcome of your case. Make sure you find someone with the knowledge and experience to stand up for your rights.
Our Legal Team Knows How to Win a Motorcycle Accident Claim
If you or a loved one was injured in an accident, it’s crucial to speak to a San Francisco motorcycle accident attorney as soon as possible. While every case is unique and no legal team can guarantee a specific outcome, the seasoned attorneys at Delfino Green & Green are well-versed in how to win a motorcycle accident claim.
We have helped many clients successfully recover compensation in motorcycle-related crash cases. Our personal injury attorneys are committed to fighting for the futures of accident victims throughout the state. Contact us to schedule your free consultation today.