Police Blamed Our Client in $11.8M San Francisco Motorcycle Verdict
"Can you win a motorcycle accident case if a police report says you were at fault?"
In Part 2 of our recent video series, Chris Dolan discussed how police reports can get it wrong and how those errors can cost victims everything. He shared examples where officers assigned 100% of the blame to an innocent motorist, only for our team to uncover evidence that told a very different story. That experience was at the heart of a major case our firm took to trial: Gonzalez v. Smith.
On August 21, 2019, at around 5:30 p.m., Julian Gonzalez was riding his Harley-Davidson Road King through the intersection of McAllister Street and Larkin Street in San Francisco. Defendant Luke Thomas Smith made a sudden left turn in front of him, causing a devastating collision. Gonzalez was thrown from his motorcycle, sliding across the pavement. His left foot was nearly severed, his lower leg bones crushed, and he was rushed to San Francisco General Hospital, where trauma surgeons performed a below-knee amputation.
The police report concluded Gonzalez was at fault for speeding. Toxicology results showed amphetamine and methamphetamine in his system, and the defense painted him as an unemployed drug addict who caused the crash while impaired. Because of the adverse police report and toxicology findings, other attorneys turned him away.
Chris Dolan and Kim Levy saw the case differently. They challenged the chain of custody for the toxicology sample, retained experts to dispute any impairment, and dismantled the defense’s narrative in depositions. At trial, even the investigating officer testified with his own “rules” for motorcyclists, rules not found in California law.
After three weeks of testimony before San Francisco Superior Court Judge Vedica Puri, the truth came out. The court found Smith 90% at fault and awarded Gonzalez $11,789,316.00. This life-changing verdict will give him the care and support he needs, despite living with a permanent disability.
This case is proof of what Chris Dolan said in our video series: never assume a police report tells the full story. With the right investigation, evidence and experienced trial lawyers, the truth can prevail.
