San Jose Drunk Driving Motorcycle Accident Lawyer
An Impaired Driver Hit You. The Blame Belongs With Them.
A drunk driver is slower to notice a motorcycle and slower to react, and the rider pays the price. Our San Jose attorneys hold impaired drivers accountable for the full cost of your injuries, and push back when their insurer tries to blame the bike.
$75+ million
recovered for injured clients
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No fee
unless we win
Available 24/7
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Riders Are Among the First to Pay for Someone Else's Drinking
You ride hoping every driver sees you and acts responsibly. An impaired driver can’t reliably do either: alcohol and drugs dull the reflexes and judgment it takes to spot a motorcycle, judge its speed, and stay out of its path. When that driver swerves or turns into you, a car’s steel frame protects them. You have your helmet and your gear.
Even when the other driver was drunk, insurers still look for ways to pay less, starting with the rider. You may have a claim if:
A driver who had been drinking or using drugs hit your motorcycle, whether or not they were arrested
You were injured as the rider or as a passenger on the bike
Your family lost a rider in a crash with an impaired driver
A monetary award won’t undo what happened, but it can give you the security to pay your bills and support your family while you recover. The consultation is free, and you pay nothing unless we win.
After a Drunk Driver Hits Your Motorcycle
Call 911 and tell the dispatcher you think the driver is impaired.
Officers can observe and test the driver at the scene; that evidence is hard to get later.
Get medical care right away.
A rider’s injuries are often worse than they first seem, and adrenaline hides pain.
Keep your distance from the driver, but note what you see.
The smell of alcohol, slurred speech, open containers, erratic driving. Write it down while it’s fresh.
Protect your bike and gear.
Don’t repair or discard them. They show how the crash happened, and they answer questions about how carefully you ride.
Get the report number and track the criminal case.
Test results and records from the DUI case can support your injury claim.
Call us before you talk to any insurer.
Adjusters may still ask about your speed or lane position. Let us answer.
What You Can Recover After a DUI Motorcycle Crash
Riders hit by drunk drivers are often seriously hurt, and the claim should reflect everything the injuries cost, now and in the future:
Medical costs
Current and future treatment related to the crash, from emergency care and surgery to therapy and long-term care.
Lost income
The wages you’ve lost while recovering, and the future earnings your injuries may take from you.
Pain, trauma, and lasting harm
The losses that don’t come with a bill.
- Pain and suffering, including disfigurement
- Emotional trauma, such as post-traumatic stress disorder
- Loss of enjoyment of life, and the effect on your relationships
- Loss of mobility or of any of the senses
Punitive damages
In cases of drunk driving, California allows punitive damages to punish the conduct, on top of your compensation. And if the driver had little or no insurance, your own UM/UIM coverage can help fill the gap.
How We Prove Impairment and Protect the Rider
A drunk driving motorcycle case has two sides to prove: that the driver was impaired, and that you weren’t to blame. We build both from the start:
- The police report, field sobriety test results, and breath or blood test results
- Toxicology findings, including drugs and prescription medication
- Witnesses who saw the driving, or saw the driver drinking beforehand
- Receipts and footage showing where the driver had been
- Evidence of your safe riding: gear, speed, lane position, and lighting
- Records from the criminal case as it moves forward
We then document every loss, including the lasting ones: brain injury, chronic pain, lost mobility, and the emotional trauma that often follows a violent crash.
California Law for Riders Hit by Drunk Drivers
0.08 is the legal limit
A driver with a blood alcohol concentration of 0.08 or higher is legally drunk. Driving that way breaks the law and breaches the duty every driver owes to others on the road, which can go a long way toward proving negligence.
Punitive damages take more than carelessness
Under California Civil Code Section 3294, punitive damages require conduct that is malicious, oppressive, or fraudulent. Courts have recognized that driving drunk, knowing it is likely to cause serious injury, can meet that standard.
You don't need a conviction
The criminal case and your injury claim are separate. A conviction can help, but you can recover even if the driver is never convicted.
The driver's choice isn't your fault
Insurers may still argue you were speeding or lane splitting. Under California’s pure comparative negligence rule, any share of fault only reduces your recovery. You generally have two years to file a lawsuit.
What Our Clients Say
Jimin Oh worked passionately on my case while constantly updating me on what was happening. I did not know much about my car insurance, so it was helpful for her…
Ok Ray Park
If I didn't have Jimin and her people I would have been left with broken bones penniless and without a job. Prior to getting into contact with her my insurance…
Davina Barriga
I really needed a attorney when I got involved in a very strange car accident. Many other law office refused because 2 big insurance companies were against to me so…
Shee Suh
San Jose Drunk Driving Motorcycle Accident FAQs
Can I sue a drunk driver who hit my motorcycle?
Yes. A civil claim compensates you for medical bills, lost wages, and pain and suffering. It runs separately from any criminal case, and prosecutors don’t pursue your compensation for you.
Does the driver have to be convicted for me to recover?
No. A conviction can strengthen your claim, but civil liability can be proven with other evidence, such as test results, witness accounts, and the police report.
What is the legal blood alcohol limit in California?
For most adult drivers, it’s 0.08. Proof that a driver was at or above that limit can go a long way toward proving negligence. Drivers can also be impaired by drugs or medication, and the claim works the same way.
Can I get punitive damages from a drunk driver?
Possibly. California allows punitive damages when conduct is malicious, oppressive, or fraudulent, and drunk driving can qualify. We’ll tell you honestly whether your case supports them.
The insurer says I was speeding or lane splitting. Does that matter?
It’s a common tactic, even when the other driver was drunk. Lane splitting is legal in California, and under comparative negligence any share of fault only reduces your recovery. We use evidence of how you were riding to answer it.
What if the drunk driver had no insurance?
Your own uninsured/underinsured motorist coverage can pay when the driver’s coverage is missing or too small. We make sure those claims are filed correctly and on time.
My loved one was killed by a drunk driver while riding. Can our family file a claim?
Yes. Surviving family members may bring a wrongful death claim for funeral and burial costs, lost financial support, and the loss of companionship. We handle these cases with care and urgency.
How long do I have to file?
Generally two years from the date of the injury. If a government vehicle or a dangerous public road was involved, a claim can be due within six months.
Get Your Free, Confidential Case Review, 24/7
Test results, receipts, and footage are easiest to secure in the first days after a crash. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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