San Mateo Motorcycle Accident Lawyer
A Driver Didn't See You. We Make Sure the Insurer Does.
Mild weather means riding season never really ends here, and neither does the risk from distracted drivers. Our San Mateo motorcycle accident attorneys push back when insurers blame the rider, and pursue every dollar a serious crash has cost you.
$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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Nothing Between You and the Road
On a motorcycle there’s no frame, no airbag, and no crumple zone. When a car turns into your path or drifts into your lane, you take the full force of the impact, and even a low-speed collision can throw you onto the pavement. That’s why motorcycle crashes so often mean road rash, crushed or broken bones, internal injuries, brain injuries, and spinal cord damage that can lead to paralysis.
Experience doesn’t protect you from someone else’s distraction. And after the crash, many riders find the insurer more interested in their riding than in the driver who hit them.
You may have a motorcycle accident claim if:
A distracted or reckless driver caused the crash
You were the rider or the passenger, and you were hurt
The insurer says you were partly to blame, or points to your helmet
The crash happened within roughly the last two years
Riders have the same right to compensation as anyone else on the road. We make sure the facts, not assumptions about motorcyclists, decide your claim.
Steps to Take After a San Mateo Motorcycle Crash
Get off the road and call 911.
Ask for police and medical help, even if you think you can ride away.
Let paramedics or a doctor check you over.
Adrenaline can hide fractures, internal bleeding, and head injuries for hours.
Record the scene from a rider's point of view.
Sight lines, the other car’s turn or lane change, road surface, debris, and where your bike ended up.
Hold on to your damaged gear.
A scuffed helmet or torn jacket shows how and where you hit. Don’t repair or replace anything yet.
Get names from everyone who stopped.
Other riders and drivers often saw what the driver did before impact.
Don't answer the insurer's questions about speed or lane position.
Those questions are the start of a blame-the-rider defense. Refer every call to us.
How We Answer the Blame-the-Rider Defense
Insurers know that jurors and adjusters sometimes see motorcyclists as risk-takers, and they use that to argue a rider caused or worsened the crash. We build the case to leave no room for that story.
We prove what the driver did. Witness statements, the police report, photos, camera footage, and the physical evidence on both vehicles show who turned, merged, or failed to yield.
We take the helmet argument head-on. If the insurer says a missing or damaged helmet made your injuries worse, we look at which injuries it could actually have affected, and which it couldn’t.
We put a full value on your injuries. Motorcycle injuries are often catastrophic and can require care for life. We document every cost before we negotiate.
If the at-fault driver’s insurer won’t agree to a fair settlement, we’re prepared to take the driver to court.
Paying for a Motorcycle Injury
California is an at-fault state: the insurer of the driver who caused the crash pays the injured rider’s claim. When the injuries are serious, that one policy often isn’t enough, so we look further.
The at-fault driver's liability insurance
The starting point for your medical bills, lost wages, and pain and suffering.
Your uninsured/underinsured motorist coverage
If the driver had no insurance, or too little to cover a serious motorcycle injury, UM/UIM coverage on your own policy may pay the difference.
A passenger's own claim
Passengers hurt in a motorcycle crash can bring their own claim against the responsible driver.
Everything the crash has cost you
- Emergency care, surgeries, rehabilitation, and future medical care
- Lost wages and lost earning capacity
- Disfigurement and scarring from road rash or burns
- Pain, emotional stress, and loss of enjoyment of riding and daily life
Motorcycle Law in California: What San Mateo Riders Should Know
Helmets are required for every rider and passenger
California Vehicle Code Section 27803 requires all motorcyclists and passengers to wear a helmet, whatever their age.
A missing helmet isn't a free pass for the driver
Not wearing a helmet can be argued as partial fault, but it doesn’t automatically bar your claim. The driver who caused the crash is still responsible for their share.
Partial fault only reduces your recovery
California follows pure comparative negligence, so even a rider found mostly at fault can still recover the share of damages caused by the other driver. If you were 20% at fault, your compensation is reduced by 20%.
Two years to file
California Code of Civil Procedure Section 335.1 generally gives you two years from the crash to file a personal injury lawsuit. Claims involving a government vehicle or agency can require notice within six months.
Protect the Value of Your Motorcycle Claim
Serious motorcycle injuries can mean months of surgery, wound care, and physical therapy. Follow your treatment plan to the letter; missed appointments give the defense an easy argument that you weren’t badly hurt or made things worse yourself. Hold off on riding and heavy work until your doctor clears you.
Three habits protect you:
- Track your recovery. Pain, wound healing, sleep, missed work, and every ride or activity you’ve had to give up.
- Treat your bike and gear as evidence. Keep them unrepaired until we’ve documented them.
- Keep insurers at arm’s length. Send every adjuster to us, including your own insurer’s if they call about a UM/UIM claim.
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 Riders and Clients Say
Her services were outstanding. About a half year ago when I got into an accident, I had consultations with several personal injury law firms. I went with Jimin because I…
Hyunah Jang
I was introduced to Jimin through a friend after we had a bumper accident on a highway. Jimin came to us directly and very clearly explained the whole process, as…
Joshua Kim
As this was my first time being in a car accident, I was distraught and did not have much knowledge regarding legal fairs such as what attorney would best suit…
Jena J.
Your San Mateo Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. Her own husband was seriously injured in a car accident, which is why she built the firm around the injured person, not the paperwork. Every injured rider gets an attorney, a case manager, and a treatment coordinator, so your recovery and your claim move forward together. San Mateo riders are served from our San Jose office at 1253 Park Ave.
San Mateo Motorcycle Accident FAQs
How long do I have to file a motorcycle accident claim?
Generally two years from the date of the crash for a lawsuit, and only six months for a claim involving a government entity. Call early; evidence such as camera footage and skid marks disappears much sooner.
I wasn't wearing a helmet. Can I still recover?
Often, yes. California requires helmets, and the insurer may argue that not wearing one worsened a head injury. But it doesn’t automatically bar your claim, and it doesn’t excuse the driver who caused the crash.
How is fault decided in a motorcycle crash?
From the evidence: the police report, witness statements, photos, footage, the damage to both vehicles, and the traffic laws that applied. We gather and present that evidence so the decision rests on what happened.
How does comparative fault affect my claim?
Your compensation is reduced by your share of fault. If you’re found 20% at fault, you recover 80% of your damages. We work to keep any share assigned to you as small as the evidence allows.
I was the passenger. Do I have a claim?
Yes. An injured passenger can bring a claim against whoever caused the crash, whether that’s the other driver or, in some cases, the rider.
What if the driver who hit me had no insurance?
Your own uninsured motorist coverage may pay for your injuries. It also helps when the driver’s coverage is too small; underinsured motorist coverage can fill the gap.
Will my case go to trial?
Most motorcycle cases settle through negotiation with the insurer. If a fair settlement isn’t offered, we may recommend filing suit and taking the case to trial.
What does it cost to hire you?
Nothing upfront. We work on contingency, and you pay a fee only if we recover compensation for you.
Get Your Free, Confidential Case Review, 24/7
A rider’s claim is won on evidence, and the best evidence fades first. 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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