San Jose Motorcycle Accident Lawyer
Riders Get Blamed First. We Make the Evidence Speak.
A motorcycle gives you no steel frame and no airbag, so even a low-speed crash can change your life. Our San Jose motorcycle accident attorneys fight the “reckless rider” bias and recover what injured riders are owed.
$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
The Bias Against Riders Is Real. So Is Your Claim.
A driver checks the mirror, doesn’t see you, and turns left across your lane. Seconds later you’re on the pavement with a broken leg and road rash, and before long an adjuster is asking how fast you were going, whether you were lane splitting, and why you ride at all. Insurers often assume motorcyclists take unnecessary risks, and that assumption quietly shrinks settlement offers.
The risk is real. According to the California Highway Patrol’s Statewide Integrated Traffic Records System, Santa Clara County sees more than a dozen fatal motorcycle crashes and almost 450 injury-causing motorcycle crashes every year. Statewide, 565 motorcyclists died in 2024, down from 583 in 2023, according to the California Office of Traffic Safety.
You may have a motorcycle accident claim if:
A driver turned, merged, or opened a door into your path
A pothole, debris, or a defective part caused you to lose control
You were injured, even if the insurer says you were partly to blame
The crash happened within roughly the last two years
Riders are entitled to the same compensation as anyone else on the road. We make sure the evidence, not the stereotype, decides your case.
What to Do After a Motorcycle Crash in San Jose
Get medical care first, even if you walked away.
Internal bleeding and concussions often aren’t obvious at the scene, and adrenaline hides pain.
Call the police and make sure your account is in the report.
Drivers who hit riders often say “I never saw them.” The report should record your version too.
Photograph everything before it's moved.
Your bike, the other vehicle, skid marks, road surface, and your visible injuries. Potholes and debris get cleaned up fast.
Keep your helmet, jacket, and gear as they are.
Don’t repair or throw away damaged gear; it shows where and how hard you hit.
Get witness names and look for cameras.
Other riders, drivers, and nearby businesses may have seen or recorded the crash.
Don't discuss speed, lane position, or fault with any insurer.
Those questions are designed to build a “reckless rider” defense. Let us answer them.
How We Take the "Reckless Rider" Argument Off the Table
Insurance adjusters and even some witnesses start from the assumption that the motorcyclist did something wrong. We answer that assumption with facts, and we build every case from the start as if it’s going to trial:
- Objective evidence of safe riding: speed, lane position, lighting, and gear
- Scene evidence preserved quickly, including surveillance footage before it’s overwritten
- Witness interviews and a reconstruction of the sequence of events
- Challenges to biased witness statements or inaccurate police reports
- Medical and engineering experts who explain crash dynamics to an adjuster or jury
- Complete medical records and documentation of every economic loss
Motorcycle-on-motorcycle crashes, door collisions, and road-defect cases each call for a different approach to fault. Insurers are less likely to lowball a rider whose lawyer is ready for court, and they know we are.
Client Video Testimonials
Who Pays After a Motorcycle Crash?
Motorcycle injuries tend to be severe, which means the claim is often larger than the at-fault driver expected to pay. We look for every source of recovery:
The at-fault driver's insurance
The first place we turn when a driver’s carelessness caused the crash, whether through distraction, impairment, failing to yield, speeding, or an unsignaled lane change or left turn.
Your own uninsured/underinsured motorist coverage
Many drivers carry only California’s minimum coverage, and some carry none. When their policy can’t cover a serious motorcycle injury, UM/UIM coverage can fill the gap.
Other responsible parties
Commercial vehicle operators, other motorcyclists, the owner of a parked car whose door was opened into your path, a manufacturer of a defective part, or the agency responsible for a dangerous road.
The full cost of your injuries
A motorcycle crash can mean long rehabilitation and lasting changes to how you live.
- Emergency care, surgery, and future medical treatment
- Lost wages and reduced earning capacity
- Pain and suffering, and diminished quality of life
- The effect of your injuries on your relationships
- The cost of accommodations you now need at home or work
California Motorcycle Law: What Riders Should Know
Every rider and passenger must wear a DOT-approved helmet
California Vehicle Code Section 27803 applies regardless of age or experience. The helmet must carry the DOT certification, fit snugly, and be fastened with the chin strap.
Riding without a helmet doesn't end your claim
An insurer may argue a missing helmet made head injuries worse, but it doesn’t excuse the driver who caused the crash, and it has little to do with a broken leg or a spinal injury. We work to show the driver’s negligence was the primary cause of your injuries.
Lane splitting is legal in California
California is one of the few states that allows it. Done carelessly or in hazardous conditions it can still be argued against you, so the details of how you were riding matter.
Partial fault reduces, never erases, your recovery
Under California’s pure comparative negligence rule, compensation is reduced by your share of fault. That’s why insurers push the “daredevil” story, and why we fight it. You generally have two years to file a lawsuit, but only six months for claims involving a government vehicle or a dangerous public road.
Local matters here
Monterey Road, Almaden Expressway, and Tully Road carry heavy commuter and commercial traffic that often conflicts with motorcycle routes, and the I-280, I-680, and US-101 interchanges add their own hazards, along with road construction and growing delivery traffic. San Jose Police Department figures show the city’s traffic deaths fell to 41 in 2025 from 49 in 2024, with fewer motorcycle deaths among them. We work with crash investigators and local traffic data to show what really happened on the road where you were hit.
Protect the Value of Your Motorcycle Claim
Motorcycle injuries such as fractures, road rash, spinal damage, and brain injuries often need months of care, and the defense will look for any gap to argue you weren’t really hurt. Follow your doctor’s treatment plan, attend every therapy and follow-up appointment, and don’t rush back onto the bike or into heavy work before you’re cleared.
Three habits protect you:
- Keep an injury journal. Pain levels, wound care, sleep, missed work, and the rides and activities you can no longer do.
- Preserve your gear and your bike. Helmet, jacket, boots, and the motorcycle itself are evidence until we say otherwise.
- Send every insurer to us. Adjusters are trained to get riders talking about speed and lane position. A casual answer can cost you thousands.
We coordinate with your medical providers so billing can wait until your case resolves.
Adjusters offer more when they know a firm can prove its case — and take it to trial. Recent recoveries for our clients:
$1,300,000
Fremont motorcycle crash
Trauma admission, ICU, inpatient rehab
Past results do not guarantee future outcomes. Every case is different.
See More Case Results →What Our Clients Say
I met with lawyers at other law offices, but after talking to Jimin, I decided to go with her because she was not only smart, honest, but also super caring.…
Annie Y.
Jimin Oh is not only an excellent and professional lawyer but she is also very kind, understanding and easy to talk to. Jimin was very helpful and patient in answering…
Katie J.
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
Your San Jose Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident, so she knows what a sudden crash does to a family. Injured riders get the same team every client does: an attorney, case manager, and treatment coordinator on every case, working together while you focus on healing. Based at 1253 Park Ave, minutes from the Santa Clara County courthouse.
San Jose Motorcycle Accident FAQs
What should I do right after a motorcycle accident in San Jose?
Call 911 and get medical attention, even if you feel fine. If you can, move to safety and photograph the scene, your bike, the other vehicle, and your injuries. Get contact details from the other driver and any witnesses. Then call a motorcycle accident lawyer before you talk to any insurer.
Who can be held liable for a motorcycle crash?
Usually the driver who caused it, but responsibility can also fall on other motorcyclists, commercial vehicle operators, a parked car’s owner in a door collision, a parts manufacturer, or the agency that maintains the road. We investigate every case to find all of them.
How is fault decided?
With evidence: police reports, witness statements, photos, and expert analysis of the road and the vehicles. We preserve that evidence early and use accident reconstruction to prove what happened, so the decision rests on facts rather than assumptions about riders.
Can I still recover if I wasn't wearing a helmet?
Yes. California requires helmets for all riders, and not wearing one may affect compensation for head injuries. It doesn’t excuse the driver who caused the crash, and we work to show their negligence was the primary cause of your injuries.
I was lane splitting. Can I still bring a claim?
Yes. Lane splitting is legal in California. The insurer may argue how you were doing it contributed to the crash, but under comparative negligence any share of fault only reduces your compensation. It doesn’t bar your claim.
My loved one died in a motorcycle crash. Can our family file a claim?
Yes. Surviving family members may bring a wrongful death claim for funeral and burial expenses, lost financial support, and the loss of companionship. These cases require fast action, and we handle them with care.
How long does a motorcycle accident case take to settle?
It depends on how serious the injuries are, whether fault is disputed, and how cooperative the insurer is. Most clients finish medical treatment first so the claim reflects the true cost of their injuries. We push for an efficient resolution without accepting less than your case is worth.
What is the process of filing a motorcycle accident claim in San Jose?
It usually starts with reporting the crash to the police and the insurance companies, getting medical treatment, and gathering evidence such as the accident report, photos, and witness statements. From there, we handle the legal side: we negotiate with the insurers and, if they won’t pay fairly, file a lawsuit. We guide you through every step.
How much does it cost to hire you?
Nothing upfront. We work on contingency and are paid only if we recover compensation for you.
Get Your Free, Confidential Case Review, 24/7
The insurer is already writing its version of what you did wrong. Let’s make sure the evidence tells the real story. Call now or send the form below; 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
Hablamos español · 한국어 상담 가능
