San Mateo Fatal Motorcycle Accident Lawyer
A Preventable Crash Took Someone You Love. Someone Should Answer for It.
Most fatal motorcycle crashes trace back to a driver who didn’t look, a road that wasn’t maintained, or a part that failed. Our motorcycle accident attorneys help San Mateo families hold those responsible to account through wrongful death and survival claims.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
Hablamos español · 한국어 상담 가능
When a Rider Doesn't Come Home
Losing a loved one is always painful. Knowing the loss could have been prevented makes it harder still. When a rider is killed, there is a strong chance someone else is to blame: a driver who failed to watch for motorcycles, an agency that let a road fall into disrepair, or a manufacturer that sold a defective bike part.
The financial blow often lands at the same time as the grief. Medical bills, funeral expenses, and the loss of a paycheck can overwhelm a family, especially when the rider was a breadwinner. Holding the responsible party accountable helps with that burden, and it can make roads safer for the riders still out there.
California gives families two ways to seek justice after a fatal crash:
A wrongful death claim, for the losses your family has suffered
A survival action, for the losses your loved one suffered before they died
We’ll explain which fits your family, and when both do. The consultation is free, and you pay nothing unless we win.
What Families Can Do in the First Weeks
Ask for the crash report.
Find out which agency investigated and get the report number; it names the drivers, witnesses, and early findings.
Keep the motorcycle and gear as they are.
Ask that the bike, helmet, and riding gear be held, not repaired or scrapped. A defective part may be the cause.
Note where the crash happened.
Potholes, debris, missing signs, or a poorly designed curve may point to a public agency, which brings a much shorter deadline.
Gather the bills.
Emergency and hospital charges, and funeral and burial costs, in one place.
Collect proof of what your loved one provided.
Pay stubs, tax returns, and the household expenses they covered.
Keep insurers at a distance.
Don’t give a recorded statement or sign a release. Send the calls to us.
What a Family Can Recover
Final expenses
Funeral and burial costs, and the medical bills for your loved one’s care after the crash.
Lost income and support
The paychecks and financial support your loved one would have provided to the family in the years ahead.
Loss of companionship
The love, companionship, care, and guidance your family has lost.
Your loved one's own losses
Through a survival action brought by the estate, the losses they suffered between the crash and their death, such as medical costs and lost earnings.
Looking at Every Cause, Not Just the Driver
A driver’s carelessness is the most common cause of a fatal motorcycle crash, but it isn’t the only one. We investigate the whole picture, because each responsible party can be a source of recovery for your family:
- The driver: the police investigation, witness statements, and camera footage showing whether the driver failed to yield, turned across the rider’s path, or wasn’t paying attention
- The road: whether poor maintenance, debris, or a hazardous design played a role, and which public agency was responsible for it
- The motorcycle: whether a defective part, such as brakes or tires, contributed, which can bring the manufacturer into the case
- The coverage: every policy that may apply when the driver’s insurance is too small for a loss this serious
We keep the family informed at every stage, and we handle the insurers so you don’t have to relive the crash more than necessary.
Wrongful Death and Survival Claims After a Motorcycle Crash
The wrongful death claim
Certain surviving family members can bring a claim when another person’s negligence or wrongful act caused their loved one’s death. If there was no negligence or wrongful act, there is no claim, which is why the investigation matters so much.
The survival action
A separate claim, brought by the estate, recovers the losses your loved one experienced before death. It is often filed alongside the wrongful death claim. In limited cases involving egregious conduct, punitive damages may be sought through the survival action; they are generally not available in the family’s wrongful death claim.
When the clock starts
A wrongful death lawsuit generally must be filed within two years of the date of death, not the date of the crash. A survival action generally has until the later of six months after death or the deadline that would have applied if your loved one had lived.
Government claims move faster
If a poorly maintained public road or a government vehicle played a role, a formal claim generally must be made within six months.
What Our Clients Say
This was my first time to have a car accident, so I did not know what I had to do. My friends suggested I contact Jimin since they all had…
Kwon Soonhyung
I would like to share a good experience that I had with Ms. Jimin’s office and hopefully it will help people save time, frustration, and stress. Jimin is just very…
Claudia R.
I honestly recommend contacting the firm and working with Jimin. She was direct, very efficient, and professional. My case moved fast and to our favor. Jimin and her team were…
Ngan T.
San Mateo Fatal Motorcycle Accident FAQs
Who can bring a claim after a fatal motorcycle crash?
Certain surviving family members, generally the spouse or domestic partner and children, can bring the wrongful death claim. The estate’s personal representative brings the survival action.
What's the difference between a wrongful death claim and a survival action?
The wrongful death claim covers the family’s losses, like lost support and companionship. The survival action covers your loved one’s own losses between the crash and death, like medical bills and lost earnings.
Can a road condition or a defective bike part be to blame?
Yes. Poorly maintained roads and defective motorcycle parts can contribute to fatal crashes, and the agency or manufacturer responsible may share liability.
Can our family recover for our loved one's pain and suffering?
Not through the family’s wrongful death claim. In certain cases, depending on when the case is filed, the estate’s survival action may recover it. We’ll review the timing with you.
Are punitive damages available?
Generally not in the wrongful death claim. When a defendant’s conduct was egregious, punitive damages may be sought through the survival action.
Our loved one died days after the crash. When does the deadline start?
The wrongful death deadline generally runs two years from the date of death. The survival action and any government claim follow their own rules, so it’s best to call early.
What if the insurer says our loved one was riding carelessly?
That’s a common tactic. We look at the evidence, and under California’s pure comparative negligence rule, any share of fault reduces the recovery rather than eliminating it.
What does it cost to hire you?
Nothing upfront. We work on contingency; you pay a fee only if we recover for your family.
Get Your Free, Confidential Case Review, 24/7
Money will never replace the person you lost, but it can protect your family from the financial fallout, and a claim can bring a measure of accountability. Call when you’re ready, or send the form; we respond 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
Hablamos español · 한국어 상담 가능
