Burlingame Motorcycle Accident Lawyer

Proven Burlingame Motorcycle Accident Attorney Ready To Fight For You

Riding a motorcycle can be a thrilling experience. But unfortunately the openness the rider enjoys can also lead to devastating consequences when an accident does happen. All of the protections one has in a car, such as seatbelts, airbags, the enclosed frame, the bumpers, and crumple zones do not exist for the motorcycle rider. While every rider should wear a helmet and protective clothing, these do not provide the level of safety needed to avoid significant injury. If an injury happens it is vital to discuss your case with a knowledgeable and proven motorcycle accident law firm right away.

Motorcyclists are often not readily seen by drivers and every avid motorcyclist knows the experience of seeing drivers who do not see them and drive accordingly. While every motorcyclist has not been in an accident, virtually all have experienced close calls because drivers simply do not look for motorcycles as well as they look for other cars.

Another factor that increases the level of risk is the mechanism of injury. Automobile collisions often involve rear-end impacts. However motorcyclists are commonly cut off so that either the front of the motorcycle makes contact and the rider does a front flip or the rider is forced to lay the bike down to avoid a car or obstacle directly in front of them. Sometimes riders are sideswiped during lane splitting. These types of accidents usually result with the rider striking the ground and sometimes going airborne prior to impact.

Figuring out who is at fault can be complicated and requires a detailed examination of the vehicles, roadway, witness accounts, and sometimes even the weather. Photographs should always be taken whenever possible of the damage to the motorcycle, any other vehicles involved, and the roadway. Clothes that are torn, or scratches on the helmet, should be preserved as evidence. If the seriousness of the injuries warrant the expense, an accident reconstruction expert may be needed to determine what happened.

Most people have never ridden a motorcycle. They perceive motorcycle riders as having less respect for their own safety or even view motorcycle riding as reckless behaviour. In reality, motorcycle drivers are more careful for one simple reason: They have to be. They cannot afford the types of mistakes which driver's make. There is a bias against motorcyclists that can be overcome with knowledgeable and experienced representation. 

Mr. Shapiro is experienced with motorcycle cases as well as the injuries commonly associated with such accidents. With over 2 decades of experience in personal injury law, our Burlingame motorcycle accident attorney has successfully handled multiple wrongful death claims of motorcycle riders as well. It is important that motorcycle riders have adequate insurance, including an uninsured motorist provision. An uninsured motorist provision is especially important for motorcycle riders because this coverage benefits victims of hit and run accidents. Because motorcycles are far lighter than vehicles, many drivers will make contact with a motorcycle and not know, or at least not be 100% sure, that they caused a collision. In these circumstances, the car driver may take off not knowing that they caused a collision. In these hit and run situations it is important to contact the police or California Highway Patrol immediately as well as your insurance company. If the driver's identity, and therefore automobile insurance information, is not obtained, then the only recourse for the victim is an uninsured motorist claim. 

If you have been injured while riding a motorcycle, we will help you:

• Understand the strengths and weaknesses of your case
• Determine what investigation steps are necessary 
• Gather important evidence and documentation
• Obtain necessary medical treatment for your injuries
• Fight on your behalf to hold the at fault party responsible for your damages

Frequently Asked Questions (FAQs)

Is lane splitting legal in San Francisco?

Yes, lane splitting by motorcycles is legal in San Francisco as well as throughout the state of California. In fact, California is the only state in the US that allows lane splitting. Nevertheless, a court could still find you negligent for lane splitting, depending on the particular circumstances.

But a defendant driving an automobile cannot use their ignorance of the law as an excuse for hitting a motorcyclist.    

What will be the effect of my personal injury lawsuit if I was riding a motorcycle without a helmet and was hit by a car?

Although California law requires you to wear a helmet while riding a motorcycle, it is highly unlikely that your failure to wear a helmet actually caused the accident. The problem here, however, arises when you claim damages for a head injury that you could perhaps have avoided by wearing a helmet. In that case, a court can reduce your damages based on comparative negligence even if the accident itself wasn’t your fault.  But if your injuries were to other parts of your body than the fact you were not wearing a helmet as required by law should not affect your case.

Who can I bring a claim against in a motorcycle accident, other than the uninsured driver who caused the accident?

It depends on the circumstances. You might be able to claim against:

• The driver’s employer, if the driver was on duty at the time of the accident;

• The manufacturer of a malfunctioning automobile part or traffic light;

• The state or local government responsible for maintaining the road; or

• If the driver was under 21 and intoxicated, someone who served alcohol to him at a social gathering before the accident.

But hopefully you have uninsured motorist protection so you can hire a Burlingame motorcycle accident attorney to pursue a claim with your own insurance company.  After all, that is why you pay the premiums; in case you are hit by an uninsured driver.

If you or a loved one has been injured in a motorcycle accident, you should contact our offices for a free consultation with a respected and aggressive Burlingame motorcycle accident lawyer to examine the specific facts and, if prudent, pursue a personal injury claim against those responsible.