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Motorcyclists make up a very small percentage of traffic in San Francisco. Recent estimates suggest this niche group only makes up about 2% of all road users. Despite that, motorcycle accidents account for a shocking 20% of all traffic fatalities in the city.
If you or a loved one recently experienced a motorcycle accident with losses, then you’ll want to learn more about your options and rights. It’s best to discuss your situation with motorcycle accident attorneys in San Francisco who can provide you with personalized legal counsel, but in general, you could have a legal claim for compensation if the accident was someone else’s fault.
Common Causes and Patterns of Motorcycle Accidents in the Bay Area
Almost every motorcycle accident is preventable, and they’re most often caused by one person’s negligence. Under the law in San Francisco, negligence is defined as a breach of someone’s legal duty to provide for the care and safety of someone else. Everyone with a license has a legal obligation to provide for the safety of everyone else on the road, including motorcyclists. Here are some of the most common causes of motorcycle accidents in San Francisco:
- texting or talking on the phone;
- lane splitting;
- improper lane changes;
- a failure to give motorcyclists the right of way;
- speeding;
- alcohol or drug intoxication;
- not stopping at red lights or stop signs;
- poor road conditions;
- mechanical failure.
If you think someone else’s negligence contributed to your accident, then a motorcycle accident lawyer can help you with your next steps in pursuing a claim.
Protecting Your Rights After a Motorcycle Accident
Under the law in San Francisco, injured victims who experience motorcycle accidents have a right to file a compensation claim. In order to preserve your rights, you need to take specific steps after your crash. Below, we’ll go over what to do step-by-step, but if your accident was extremely serious, then focus on getting the medical treatment you need and work out the rest of the details later.
Always File a Report
First, you need to file a report. Call the police after your accident, especially when you’re injured. The police will bring emergency medical personnel who can help you with any immediate needs until you get to a hospital.
Almost every motorcycle crash results in at least a minimal amount of property damage, so usually filing a report is in your best interests even if you don’t think you’re hurt.
Filing a police report protects your rights in the event you do seek out a claim because it serves as evidence that a crash occurred and who was involved. What’s more, the authorities will initiate an initial investigation into your motorcycle crash to determine what happened and who caused it. They’ll start to collect evidence at the scene and document their findings in the report.
Get Informed Regarding Your Losses
Next, you should be informed regarding the extent of your losses. If you didn’t sustain significant injuries and your property damage is minimal, then you may not need to file a compensation claim. What’s more likely, though, is that your losses will be significant.
To find out how substantial your losses are, start by getting the medical care you need. Keep a copy of your medical bills, and research the severity of your injury or condition. If a long recovery period is expected, then you’ll need to consider the potential financial impacts you’ll experience in the future.
Next, consider how long you might be out of work. The wages you could’ve earned if you weren’t injured should be included in your total losses. You should also think about the impact of the accident on your mental and emotional well-being. Emotional distress is a type of damage that you can seek coverage for in a personal injury claim.
Speak to a Motorcycle Accident Attorney
Once you have a better idea of the extent of your losses, you can gauge whether it’s worth your time and effort to pursue a compensation claim. If you do think your losses are significant, then your next step should be to reach out to a motorcycle accident attorney.
Types of Damages You Can Claim After a Motorcycle Accident
After a motorcycle accident, you can claim damages in the form of economic and non-economic losses. Economic losses are the actual monetary expenses you pay out due to the injury. Non-economic losses are the non-financial losses you experience, like pain and suffering or emotional grief.
Considering Your Long-Term Losses
While you’re considering the value of your claim, you’ll also want to consider how your injuries could impact you in the long run. If your recovery will likely require future medical care or other potential losses, then you need to include that in your settlement estimate.
Understanding How Fault Could Impact Your Claim
Another important consideration is each party’s level of fault in the situation. In California, an injured motorcyclist can file a claim even if they are partially to blame for the accident or the extent of their injuries. For instance, if not wearing a helmet contributed to how bad your injuries are, then you can still file a claim, but your settlement award will be reduced based on your perceived percentage of fault.
Statute of Limitations for Motorcycle Accident Claims in California
A statute of limitations puts a legal time limit on your right to file a claim for compensation after experiencing a personal injury accident. In motorcycle accident claims in California, you have up to two years to file your claim. After that time period, you will forfeit your right to compensation.
Navigating the Legal Process Following a Motorcycle Accident
Directly following your accident, the time limit on your claim will begin. At that point, it’s up to you to collect the evidence you need to prove your claims and navigate the legal process. This involves investigating your accident, collecting evidence, documenting your claims, negotiating with the responsible parties, and taking your case to trial if the other party won’t agree to a reasonable settlement.
Specialized Advocacy for Motorcycle Accident Victims in San Francisco
If you’re looking for a motorcycle accident injury attorney in San Francisco, then you need to know how to choose a good lawyer. Here at Kermani LLP, our former clients consistently report experiencing high-quality representation from our team. We provide a client-centered approach to every claim we take on, and we’ll strive to ensure that justice is served.
Contact Kermani LLP: Your Trusted Motorcycle Accident Lawyers in San Francisco
In 2011, attorneys Ray Kermani and Mohamad Ahmad teamed up to create the law firm Kermani LLP. The duo dreamed of becoming masters of the personal injury realm in California, and they’ve accomplished that and so much more over the past years.
Our team of motorcycle accident lawyers in San Francisco offers a client-first approach to resolving legal issues. First, we want to hear in-depth how your accident and injury have impacted your life. This will be the foundation of your claim, so it’s important that we fully understand what you’re going through.
We offer passionate, efficient, and seasoned legal counsel with proven results that back up our claims. If you’re ready to talk to an attorney about your recent crash, then we’re standing by. Schedule a call with our office now to talk more about what happened and how to move forward.
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Due diligence got me only so far as I went through three seemingly great law firms before finding Kermani LLP right here on yelp. They were fantastic.
When I was hurt in a bike accident last year, a friend recommended I get a lawyer and sent me to Ray Kermani. Ray and his team knew exactly what needed to be done and took care of everything.
Ray is one of the easiest people to work with. His communication is great and he always walks you through the steps. I was little down after my accident. He got me paid quickly and way more than I thought was even possible. He goes the extra mile.
The staff is super friendly, approachable and responsive. They provide one on one attention, unless most law firms that just answer calls and want you money.
They took what was a complicated case that most law firms wouldn't touch, and turned it into a large six figure judgment.
Best law firm. They know how to win a case at trial, unlike most law firms that advertise as such. They will push every button that needs to be done to win your case. I was super satisfied.
Frequently Asked Questions
What should I do after a motorcycle accident in San Francisco?
When you get into a motorcycle crash in San Francisco, the first thing you need to do is call for help. In an emergency situation, dial 911. The police will arrive at the accident scene with emergency medical personnel who can help you get the immediate care you need. If you don’t feel you need assistance at the scene, then you can stay at the scene of the accident, help the police file the report, collect evidence, and then go to the hospital afterward. Keep a copy of the medical bill you receive and get in touch with an attorney if your losses are significant.
What compensation can I claim for a motorcycle accident in San Francisco?
After a motorcycle accident, you can claim compensation that will restore you to the financial position you were in prior to the accident. This compensation might include losses you endure like your medical bills, lost wages, property damage, future medical care needs, and emotional distress.
How are motorcycle accident settlements calculated in San Francisco?
To calculate the value of your motorcycle accident settlement, courtrooms will use a formula like this: The sum of your economic losses + (multiplier X the sum of your economic losses) The multiplier amount will be a number from 1.5 to 5 that the courtroom assigns to your non-economic losses based on the perceived severity of those losses. Once the value of your claim is determined, courtrooms will also need to factor in your percentage of fault. If you were partially to blame, your settlement award will be reduced by that percentage.
Can I file a claim if I’m partly at fault in a San Francisco motorcycle accident?
Yes, you can still file a claim for compensation after a San Francisco motorcycle accident even if you were partially at fault for the crash or the extent of your injuries. Courtrooms in San Francisco utilize a pure comparative negligence standard. That means you can file a claim even if you were 99% at fault, but you’ll only be able to recover 1% of your losses in this type of scenario.
How can a lawyer assist in San Francisco motorcycle accident cases?
A lawyer can help with a San Francisco motorcycle accident case by guiding you on your best course of action, providing you with solid advice, helping you gather evidence, documenting your losses, filing the right paperwork, negotiating with the other party, and representing you in court.
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Due diligence got me only so far as I went through three seemingly great law firms before finding Kermani LLP right here on yelp. They were fantastic.
When I was hurt in a bike accident last year, a friend recommended I get a lawyer and sent me to Ray Kermani. Ray and his team knew exactly what needed to be done and took care of everything.
Ray is one of the easiest people to work with. His communication is great and he always walks you through the steps. I was little down after my accident. He got me paid quickly and way more than I thought was even possible. He goes the extra mile.
The staff is super friendly, approachable and responsive. They provide one on one attention, unless most law firms that just answer calls and want you money.
They took what was a complicated case that most law firms wouldn't touch, and turned it into a large six figure judgment.
Best law firm. They know how to win a case at trial, unlike most law firms that advertise as such. They will push every button that needs to be done to win your case. I was super satisfied.