San Jose Fatal Motorcycle Accident Lawyer
A Careless Driver Took Your Loved One. We'll Carry the Fight.
When a driver’s carelessness causes a fatal motorcycle crash, the family is left with grief, unanswered questions, and bills. Our San Jose attorneys help families hold the driver accountable and recover what California law allows, so you can focus on each other.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
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Your Loved One Can't Tell Their Side. We Can.
Most riders know the risks and ride carefully because of them: helmet on, gear on, eyes on traffic. But a motorcycle offers no frame and no airbag, and when a distracted or impaired driver turns across a rider’s path, the rider pays the price. Then, too often, the driver’s insurer starts suggesting the rider was speeding or reckless, knowing the person who could answer is gone.
Your family may have a wrongful death claim if:
Your spouse, domestic partner, parent, or child died in a motorcycle crash
Another driver's carelessness caused it: distraction, impairment, an unsafe left turn, failing to yield, or a car door opened into the rider's path
The death happened within roughly the last two years
No amount of money makes this right. A fair recovery can relieve the financial pressure on your family and hold the person responsible to account. The consultation is free, and you pay nothing unless we win.
First Steps for Families After a Fatal Motorcycle Crash
Find out who is investigating, and get the report number.
The police report is the starting point for everything that follows, and we’ll request the full file.
Don't let the motorcycle be repaired, sold, or scrapped.
The bike, the helmet, and the gear show where and how the impact happened. Ask the tow yard or insurer to hold them.
Keep every bill in one place.
Hospital and emergency care, funeral and burial costs, and anything else the loss has cost your family.
Gather the records of what your loved one provided.
Pay stubs, tax returns, and the household expenses they covered help show the financial support your family has lost.
Write down what witnesses and officers told you.
Names, numbers, and details fade quickly in the weeks after a loss.
Send every insurer to us.
Don’t give a recorded statement, sign a release, or accept an early check. We handle those conversations so your family doesn’t have to.
What Your Family Can Recover
Recovery usually starts with the at-fault driver’s liability insurance. When that coverage is too small for a loss this serious, we look for every other policy and responsible party. A wrongful death claim can include:
Medical care before death
The cost of emergency response, hospital treatment, and any care your loved one received after the crash.
Funeral and burial expenses
The costs your family paid, or still owes, to lay your loved one to rest.
Lost financial support
The income and support your loved one would have provided if the crash had never happened.
Loss of love and companionship
The care, guidance, affection, and companionship your family has lost, which is often the heart of the claim.
How We Show What Really Happened
In a fatal crash, the rider’s account is missing, and the driver’s account usually starts with “I never saw them.” We build the case from evidence instead, and we start before it disappears:
- The full police investigation, including any charges against the driver
- Surveillance and dashcam footage from homes and businesses near the scene
- Witness interviews, including other riders and drivers
- Damage to the motorcycle, helmet, and gear, examined by experts
- Accident reconstruction showing speed, sightlines, and the sequence of events
- Evidence of how your loved one rode: lane position, lighting, and safety gear
We keep our caseload limited so that each family gets real attention. You’ll know what we’re doing and why, and you won’t have to relive the crash more than necessary.
California Wrongful Death Law After a Motorcycle Crash
Who can bring the claim
California law lets certain family members bring a wrongful death claim, generally the surviving spouse or domestic partner and the children, or a personal representative of the estate. We confirm who is eligible before anything is filed.
What must be proven
The family must show that the driver’s negligence caused the death, and that the family suffered losses because of it. You don’t need a criminal conviction: the civil case stands on its own.
Blame on the rider doesn't end the claim
Insurers may argue the rider was partly at fault because of speed, lane position, or gear. Under California’s pure comparative negligence rule, any share of fault reduces the recovery; it doesn’t eliminate it.
The deadlines are real
Families generally have two years from the date of death to file a lawsuit, but a claim involving a government vehicle or a dangerous public road can require a formal claim within six months.
What Our Clients Say
I found Jimin through word of mouth. She and her staff are just incredibly transparent and passionate. She made sure that we understood the entire process for our car accident…
Kim T.
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 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.
San Jose Fatal Motorcycle Accident FAQs
Who can file a wrongful death claim after a fatal motorcycle crash?
Generally the surviving spouse or domestic partner and the children, or a personal representative of the estate. In some families others may qualify. We review your family’s situation and make sure every eligible member is included.
What compensation can our family recover?
Medical expenses from the crash, funeral and burial costs, the financial support your loved one would have provided, and the loss of their love, companionship, and guidance. Every family’s claim is different, and we document each part of yours.
The driver says they never saw the motorcycle. Does that matter?
It’s one of the most common explanations after a crash, and it isn’t a defense. Drivers are expected to watch for everyone on the road, motorcycles included. We use footage, witnesses, and reconstruction to show what the driver could and should have seen.
What if my loved one wasn't wearing a helmet, or was lane splitting?
The family can still bring a claim. Lane splitting is legal in California, and a missing helmet doesn’t excuse the driver who caused the crash. The insurer may argue these points reduce the recovery; we work to show the driver’s negligence was the cause.
The driver has been charged with a crime. Is that our case?
No. A prosecution punishes the driver; only a civil wrongful death claim compensates your family. The two run separately, and your family’s claim can proceed whether or not the driver is convicted.
How long do we have to file?
Generally two years from the date of death. If a government vehicle or a dangerous public road was involved, a claim may be due within six months. Evidence also fades fast, so it’s best to call early.
What does it cost to hire you?
Nothing upfront. We work on contingency and are paid only if we recover compensation for your family.
Get Your Free, Confidential Case Review, 24/7
Footage is overwritten, bikes are salvaged, and deadlines keep running while your family grieves. Let us take the legal work off your shoulders. 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
Hablamos español · 한국어 상담 가능
