San Francisco Motorcycle Accident Lawyer

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SAN FRANCISCO MOTORCYCLE ACCIDENT LAWYER

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Motorcycle accidents can be devastating, especially those ending in severe injuries and fatalities.

It is hard enough to deal with the aftermath of a motorcycle accident without worrying about legal issues. You could end up paying thousands of dollars for your medical expenses, such as surgery and physical therapy sessions, and other costs associated with recovering from an accident. An experienced personal injury lawyer will be able to assist you with navigating through the claims process to allow you to focus on healing.

The Halavanau Law Office, P.C. is here to help you get back on track after your motorcycle crash. Our motorcycle crash attorney will do his best to recover compensation so that you can focus on healing instead of worrying about how you are going to pay your bills while injured. You will need a San Francisco motorcycle accident lawyer who understands what it means to suffer in a traumatic event like a motorcycle accident. An accident lawyer will work tirelessly until you settle all outstanding claims against insurance companies and negligent drivers involved in causing these crashes. The lawyer will also work on settling your outstanding medical liens and bills.

CONTACT A TEAM LED BY AN EXPERIENCED AND SKILLED MOTORCYCLE ACCIDENT ATTORNEY TODAY

experienced-and-skilled-motorcycle-accident-attorneyBeing at ease with your attorney is essential. Our team, led by an experienced motorcycle accident attorney, will help you understand the merits of your case. We have recovered millions of dollars in settlements and awards for our clients. We put the interest of our clients first and foremost.

The intricacies of a motorcycle accident make it highly complicated for all parties involved. An experienced San Francisco motorcycle accident lawyer can help you determine who is at fault or liable for your damages. A clear understanding of how to handle personal injury cases under California law requires extensive experience, especially during the aftermath of a motorcycle crash.

Contact our law office at 415-692-5301 or email us at gene@halavanau.com for a free consultation. We will be happy to provide the information you need.

MOTORCYCLE ACCIDENT STATISTICS IN SAN FRANCISCO, CA

The statistics regarding traffic accidents remain at an upsettingly high level in San Francisco and across California. With traffic laws, rules and regulations, the ideal number should be at zero. However, many causes of traffic accidents are beyond our control.

Based on City Performance Scorecards of San Francisco in the year 2020, there were 30 traffic fatalities in San Francisco alone. The number of fatalities in 2020 was more than in the past four years, which had 29 (2019), 23 (2018), and 20 (2017) fatalities.

6 of the 30 fatalities involved motorcycle accidents. The past four years recorded 36 motorcycle-related accidents overall. While the goal of San Francisco is to have these statistics at zero, accidents involving motorcyclists continue to happen. Contact a motorcycle accident injury attorney for a free consultation to ensure that you have the right team on your side.

Call or text (415) 494-8535 or submit an online request form to Get a Free Consultation.

FACTORS THAT CONTRIBUTE TO MOTORCYCLE ACCIDENTS IN SAN FRANCISCO

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We need to understand how and why these accidents happen to prevent motorcycle accidents. Severe injuries are inevitable when it comes to these occurrences. Serious injuries typically lead to high medical expenses and other costs. Listed below are the factors that cause motorcycle accidents:

  1. Distracted driving. Distracted drivers are often the cause of most motorcycle accidents. A driver, who has a government-issued license, has the responsibility to exercise diligence. This means the drivers should follow traffic rules and regulations, including not using mobile phones for texting while driving. Unfortunately, accidents do not always happen because of distracted drivers.
  2. Reckless driving. Suppose a rider is driving against traffic, failing to follow safety rules and regulations, and ignoring the rights of pedestrians and other motorists. In that case, such a way of driving will lead to severe accidents. All riders must observe traffic laws and regulations at all times. Driving responsibly and defensively is the best way of preventing such incidents from happening.
  3. Defective road conditions. Motorcycles are usually vulnerable when roads are bad. These contribute to motorcycle accidents as most motorcyclists cannot steer correctly and navigate bumpy or improperly designed roads.
  4. Defective motorcycles. The maintenance and repair of motorcycles are the responsibility of the driver or owner. There are many motorcycle accident cases where riders incur injuries due to defects, such as failed brakes or suspension. Such cases may be pursued under a negligence theory or product liability. Sometimes, however, riders will use a defect as an excuse to avoid liability for their fault when their negligence causes injuries to innocent pedestrians.
  5. Driving under the influence of drugs or alcohol. Drivers guilty of DUI may face criminal liability. Many motorcycle accident victims lost their lives or limbs just because of drunk drivers. It is essential always to be mindful when driving motorcycles.

COMMON MOTORCYCLE ACCIDENT INJURIES

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Serious injuries can occur as a result of motorcycle accidents. It may be fortunate for some to be involved in an accident and not have any serious injuries. But this is not the case for most people. The speed, lack of protection, and increased impact during motorcycle crashes cause an increased chance of serious injury to the body.

Here is a list of the most common motorcycle accident injuries:

  1. Traumatic Brain Injury (TBI). This could be the most severe of all injuries. TBI affects not just the rider but passengers as well. There can be permanent damage after the accident or later due to swelling and bleeding in the brain. The recovery time would be longer, and the expenses associated with TBI would be higher than most serious injuries. The could be cases with mild traumatic brain injuries, which are often harder to diagnose.
  2. Spinal Cord Injuries. Although the human body is designed to protect the spinal cord, injury to that part of the body can still occur. A spinal cord trauma can cause problems with your arms, legs, and even bowel or bladder functions. There is an increased likelihood of paralysis or even death after the accident if the spinal cord is injured.
  3. Lacerations and Burns. These can occur after the accident if the motorcycle is caught on fire or spinning after the crash with the rider. Bleeding and infections may occur, and scarring could also be an issue. Some burns and scars are hard and expensive to treat and can be especially devastating for younger folks. Riders can prevent lacerations and burns by wearing the proper clothing and protective equipment and ensuring their passengers are also protected.
  4. Internal Injuries. Riders can suffer lumbar fractures, broken ribs, and pelvic injuries, among a few. These can cause internal bleeding and severe pain. Damage to organs is serious and painful and may require immediate surgery to correct or avoid death.
  5. Road Rash. Peeled skin may be an issue after motorcycle or bicycle accidents. T0hese injuries may not seem like a big deal, but they can still cause damage to the body and, in some cases, infections. Protective clothing and equipment such as helmets should be worn in an accident to prevent road rash.

A motorcycle accident can cause significant injuries, even if the accident does not appear to be major. Riders should always wear the necessary safety gear when they ride. The proper equipment could be the difference between life and death. Contact a motorcycle accident lawyer if you have been in a motorcycle accident.

DAMAGES AVAILABLE TO MOTORCYCLE ACCIDENT VICTIMS

damages-available-to-motorcycle-accident-victimsMotorcycle accident victims may recover damages for the injuries they have sustained due to no fault of their own. The recovery of damages allows them to recover compensation for their serious injuries through a settlement or an award. The following are the damages that motorcycle accident victims may recover:

Economic Damages involve damages related to lost income, lost earning capacity, past and future medical expenses, property loss, and out-of-pocket expenses. The amount of damages available for lost income and earning capacity is based upon the actual amount of past and future losses suffered. In general, past wage loss can be considered a whole week’s wages times the number of weeks you have worked in that particular occupation. Copies of pay stubs or any other record showing the missed time at work could support such a claim. An attorney may work with an expert to establish any future loss.

The victim may also recover non-economic damages, including pain and suffering, emotional distress, and diminished quality of life. One may not determine its monetary value, but it is still a compensation that motorcycle accident victims deserve to recover.

Punitive damages can also be a factor in some cases, such as in cases where drunk drivers cause injuries to a rider.

Each case is different. A San Francisco motorcycle accident lawyer will help you determine the merits of your case and the amount of compensation you deserve to receive.

Call or text (415) 494-8535 or submit an online request form to Get a Free Consultation.

TYPES OF CLAIMS SURROUNDING MOTORCYCLE ACCIDENTS IN THE SAN FRANCISCO BAY AREA

types-of-claims-surrounding-motorcycle-accidentsMotorcyclists who are not at fault for their accidents can seek compensation to alleviate the financial burdens they face. In some cases, injured motorcyclists can file legal claims against the at-fault parties to obtain compensation to cover both economic and non-economic damages they face from their accident. There are different ways those harmed can get justice for their accidents. These include:

  • Insurance Negotiations. After a motorcycle accident, your attorney can communicate with the at-fault party’s insurance company to negotiate a settlement to cover various costs resulting from the accident. The skilled and knowledgeable legal team at Halavanau Law Office in San Francisco will leverage the information collected to ensure our clients recover compensation for their expenses. If we cannot negotiate a full and fair settlement for victims, we help them pursue legal action against the negligent party.
  • Negligence. Our motorcycle accident legal team in San Francisco has the skills and knowledge necessary to prove that the other driver in the accident was at fault due to their failure to exercise a reasonable standard of care if there is a basis for such an argument. We will investigate to uncover critical details surrounding the accident to show how the other driver is at fault and should be held liable for the resulting injuries and damages.
  • Product Liability Claims. There are many cases where motorcyclists suffer debilitating injuries in accidents due to defective parts. In these cases, victims can file legal claims against the part manufacturer or a defective vehicle to recover compensation. In these cases, Halavanau Law Office will investigate to study the motorcycle and determine whether any defects were present prior to the accident. Working alongside forensic experts, our team will be able to determine whether the defective vehicle or part was unreasonably dangerous, whether the motorcycle was being operated as it was intended to be, and whether there was a change in the motorcycle’s performance since it was purchased. Whether you were injured due to a defective accelerator, malfunctioning brakes, faulty fuel systems, or other faulty parts, we are dedicated to ensuring you get the justice you deserve.
  • Wrongful Death Claims. If your loved one lost their life in a motorcycle accident, our legal team of San Francisco wrongful death attorneys at Halavanau Law Office would help you recover compensation through a wrongful death lawsuit. Our team will fight to protect your rights and prove that the other driver’s negligence was the cause of your loved one’s death.

Contact our law firm today to schedule a free case evaluation to explore the legal options available for you.

STEPS TO TAKE AFTER A MOTORCYCLE ACCIDENT

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Know what to do after a motorcycle accident. The following are a few basic steps to take after a motorcycle accident:

Call or have someone call 911. It is essential to call 911 and let the paramedics know that you have been in a motorcycle accident. Inform them of your current condition and any serious injuries. Inform them if anyone else was injured. The paramedics will provide immediate treatment for your injuries and transport you to the emergency room if necessary.

Contact the police. The police report will allow you to have a stronger motorcycle accident case. More importantly, they will know how to handle those who caused the motorcycle accident. Be sure to file a police report, request that they take photos, and issue an accident report. The police report is also important for your insurance coverage in some circumstances.

Seek immediate medical attention. The paramedics will take you to the hospital for immediate treatment if you are seriously injured. Taking care of your health is your number one priority after the accident. You do not want to waste time and risk further injury by not seeking immediate medical attention. Minor injuries also require close attention for them not to worsen.

Gather important information. It may be hard for you to come to your senses immediately after the motorcycle accident. But, you must get important information about the accident if it is safe to do so. The strength of your motorcycle accident claim could depend on the information you can provide, especially if there is no police report.

Contact insurance provider. If you have motorcycle insurance, inform your insurance company that you were involved in the accident. If you are asked to provide a recorded statement, consider retaining an attorney before providing one.

Call your San Francisco Motorcycle Accident Lawyer. This is an important step that you should take. It can be time-consuming for you to handle all the legal aspects of your motorcycle accident claim. Every step in the process can be crucial, and it is important to fill any gaps in the claims process as the claim moves forward. It would also be beneficial to have your San Francisco motorcycle accident attorney guide you through the various procedures involved in your claim while you can focus on healing.

WHAT PIECES OF EVIDENCE ARE NECESSARY FOR MY MOTORCYCLE ACCIDENT?

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There can be many pieces of evidence that will help you win your motorcycle accident case or receive maximum compensation from an insurance company. Some of the most important proof includes photographs, witness statements, police reports, and medical bills that document your injuries. Documentation is critical in proving your claims in a San Francisco motorcycle accident case. Insurance companies would also want to obtain the necessary information as soon as possible to start processing the claim for your injuries.

  • Photographs. Photographs help document the accident scene and damage to your motorcycle.
  • Police reports. The police report can help describe the weather conditions of that day, any traffic rules violated, and what caused the accident.
  • Witness statements. Witnessing another vehicle cause an accident will help you prove who was responsible for causing the accident.
  • Medical bills. All medical bills are essential to your motorcycle accident case because they can be used to estimate how much you have spent on treating your injuries. The more severe your injuries are, the higher amount of damage you may be able to seek.

If you do not have the documents above, your attorney will help you collect them for you.

WHAT ARE CALIFORNIA’S MOTORCYCLE LAWS?

what-are-motorcycle-lawsHaving a clear understanding of California Laws helps avoid accidents and seek legal help in case of motorcycle accidents. San Francisco personal injury lawyers know well the provisions of law. Still, it is also essential for all citizens to know their responsibilities on the road.

  1. Motorcycle Equipment Requirements. Having mufflers and mirrors are not the only equipment required to be installed. Effective brakes and properly adjusted headlights are also required. The wearing of helmets is also mandatory in California for all motorcycle riders, whether passengers or drivers.
  2. Lane Splitting. In some jurisdictions, this is known as “lane sharing.” When it is safe to do so, motorcycle drivers in California are permitted to split lanes or travel between vehicles in the same lane. This applies when traffic has come to a standstill, and your motorcycle can be maneuvered without much difficulty.
  3. Motorcycle Registration and Insurance Laws. You must register your motorcycle with the California Department of Motor Vehicles. You cannot ride an unregistered motorcycle in California. You must register regardless of whether you have a new or old bike. You’ll also need an insurance policy that satisfies the state’s minimum requirements. You may also lose your right to receive damages for pain and suffering if you are in an accident while uninsured, even if you were not at fault.
  4. California Traffic Laws. Under California Laws, a car driver must ensure their safety and that of other road users. Other road users include but are not limited to bicyclists, motorcyclists, and pedestrians. This responsibility lies with the driver even if there is a blind spot or physical issue that may interfere with their ability to perceive potential danger from another road user.
  5. Driver Education Requirements. Whenever a person applies for an original driver’s license in California, they must take the written test and the road sign test. Some drivers with existing licenses who want to update or renew their current ones will also be required to pass the knowledge test to do so.

WHO IS LIABLE FOR MY MOTORCYCLE ACCIDENT IN SAN FRANCISCO?

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Motorcyclists are subject to the same traffic regulations as other drivers. However, a motorist is not protected by law in the same manner as a pedestrian in the event of an accident. If the motorist is responsible, he may be held liable for injuries. At the same time, since negligent drivers cause many motorcycle accidents, a rider can seek damages from the negligent party in such a case.

Other factors come into play, such as the speed and nature of the accident, negligence of another motorist, and whether or not your injuries meet a threshold for compensable damages.

Determining who is liable and the scope of your damages could be an arduous task. A personal injury lawyer will be very helpful in this process.

WHAT ARE THE SAFETY MEASURES TO PREVENT MOTORCYCLE ACCIDENTS?

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Safety measures are there to keep you away from accidents and severe injuries. Laws provide for a safe riding experience, and a motorcycle accident attorney can help if you have been involved in one.

Wearing of helmets. Head injuries are probably the most common and severe injuries among motorcycle riders because they do not have any protection other than a helmet. Always wear a helmet that meets the Department of Transportation safety standards and is free of any damage that would affect its performance.

Riding education. Experienced riders may not always be there to help. That’s why it is best to acquire an education and become a responsible rider. These are mandatory before obtaining a driver’s license. California law requires applicants to attend a motorcycle safety course.

Motorcycle maintenance and repair. It is crucial to ensure that the bikes are in good condition before riding them.

WHY CHOOSE HALAVANAU LAW OFFICE, P.C. FOR YOUR SAN FRANCISCO MOTORCYCLE ACCIDENT CLAIM

why-choose-halavanau-law-officeWe provide our clients with outstanding service. Our knowledgeable legal team in San Francisco, led by an experienced personal injury lawyer, Gene Halavanau, treats each case with the utmost care and respect. We treat our clients like family, paying close attention to their demands and viewpoints at all times. We provide a free consultation to all new clients, so they have the opportunity to meet us in person or remotely before hiring us to represent their interests.

After scheduling a case evaluation and deciding how you would like to proceed, our team will immediately begin investigating your claim.

The San Francisco personal injury legal team at Halavanau Law Office will gather records and evidence related to your claim. We will reach out to your doctors, physicians, surgeons, and other medical professionals you have seen for your injuries and obtain copies of medical records and bills. We will gather documents and information for your insurance company and the insurance companies of the other parties involved in the accident. Having a clearer understanding of your medical needs and what your insurance covers will help determine your claim possibilities.

Our team will investigate your accident in great detail. We will gather any dashcam footage and collect security camera footage, police records, and other evidence that provides critical insight into your accident. We will work with experts who can recreate the accident, taking into account speeds, road conditions, and various other factors, to show how the defendant is at fault if we decide to pursue the matter.

We can guide you through every step of your claim. We have previously helped San Francisco motorcycle victims recover the compensation they need to pay for medical treatment, lost wages, pain, and suffering.

SAN FRANCISCO MOTORCYCLE ACCIDENT FREQUENTLY ASKED QUESTIONS

California law provides two years after the date of injury to file a lawsuit arising out of a motorcycle accident in most cases. However, the statute of limitations against certain parties can be as short as six months, and it is thus important to seek legal advice shortly after the accident.

There may be instances when you are responsible or partly at fault for a motorcycle accident. Regardless of the circumstances, it is essential to remain objective and not blame others. As an injured victim, it is essential to objectively identify what you were doing at the time of the accident and how that influenced your injuries.

Contact an attorney. A San Francisco motorcycle accident lawyer, such as Gene Halavanau, can help you handle such circumstances. Whether you are at fault or not, you still have rights that should be protected.

Comparative negligence gives those who are partially at fault the same rights as those who are entirely at fault. The degree of liability of drivers involved in a collision is based on negligence or carelessness. For example, suppose a motorcyclist makes an illegal u-turn and collides with a car, resulting in a serious injury on the part of the car driver. In that case, the motorcyclist is to blame for not making sure there was nothing in their path. However, suppose it can be proven that the car driver was intoxicated during the accident. In that case, they may also be held accountable for causing the collision based on the percentage of the driver’s fault.

Yes. San Francisco motor accident lawyers will help you recover damages and get you compensation for your injuries. You may perceive this as an additional expense, but most motorcycle accident attorneys have contingent fee arrangements. This means it does not cost you anything unless they recover money in your motorcycle accident case.

Yes. Motorcycle accidents can lead to serious, even fatal, injuries. If another motorist’s negligence caused the death of your loved one, you might file a personal injury claim against the liable party. California law also allows family members of a deceased victim to file wrongful death claims and receive compensation for medical, funeral, and other costs related to their loved one’s death.

California laws require motorcyclists and their passengers to wear helmets on the road as a mandatory requirement. Failure to do so could mean not being able to recover damages. However, motorcycle accidents are circumstantial. If it is proven that the other party was also negligent, then the motorcycle can still seek damages which may be limited based on his fault contributing to the injuries. Personal injury lawyers can give you the legal advice you need in these situations.

San Francisco motorcycle accident lawyers are equipped with experience and expertise in motorcycle accidents. They know the laws regarding motorcycle accidents and can help you recover damages.

Legal representation is vital in most cases, and it is a fundamental right of all citizens. A practical and compassionate legal representation is needed when looking for the right personal injury lawyer.

TALK TO A SAN FRANCISCO MOTORCYCLE ACCIDENT LAWYER AT HALAVANAU LAW OFFICE TODAY

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Waste no time in getting the legal help you need. Halavanau Law Office, P.C. is always here to hear your concerns. Call us at 415-692-5301 or send us an email at gene@halavanau.com and schedule a free consultation. Our San Francisco Motorcycle Accident Lawyer at Halavanau Law Office will ensure that you are informed and well protected.