San Francisco Motorcycle Accident Lawyer
Focused Representation for Seriously Injured San Francisco Riders
San Francisco and the Bay Area offer some of the most beautiful places to ride a motorcycle, but congested roads and reckless, inattentive, or distracted drivers create serious risks. When drivers disregard the rules of the road and injure riders, they should be held accountable.
A motorcycle’s smaller profile can make it harder to see, particularly when drivers are distracted or fail to check their surroundings. If you or a loved one has been seriously injured or killed in a crash, we can pursue accountability from the negligent party.
At Bostwick & Associates, our San Francisco motorcycle accident lawyers evaluate potential personal injury and fatal-accident claims. We investigate who caused the collision, document its consequences, and handle communications with insurers while you focus on medical treatment and your family.
Request a FREE consultation with a San Francisco motorcycle accident lawyer: call (888) 831-8448 or use our contact form.
California Motorcycle Laws & Lane Splitting
California motorcycle laws affect how insurers and law enforcement assess a collision. Your conduct and that of everyone else involved must be evaluated against the physical evidence and applicable traffic rules, rather than assumptions about motorcyclists.
- Helmet Law: All motorcycle riders and passengers must wear a U.S. Department of Transportation-approved helmet at all times.
- Riding Between Lanes: California Vehicle Code § 21658.1 defines lane splitting as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane. The California Highway Patrol states that the practice is legal in California.
- Licensing Requirements: You must have an M1 or M2 license, depending on the type of motorcycle you operate.
- Equipment Rules: Motorcycles must have proper lights, mirrors, and functional exhaust systems. You must also use daytime headlights.
California Vehicle Code § 21658.1 doesn’t establish a specific speed limit, require traffic to be stopped, or create a separate penalty for riding between lanes. It authorizes the California Highway Patrol to develop educational safety guidelines. Those guidelines explain that danger increases with the speed difference between a motorcycle and surrounding traffic and as overall traffic speed rises.
Riding on the shoulder is illegal and isn’t the same practice. In a fault dispute, the analysis instead considers your lane position, traffic speed, visibility, timing, and the decisions made by you and other drivers.
We pay close attention to how law enforcement and insurance adjusters interpret these regulations because misunderstandings about lawful riding or protective gear can unfairly shift blame onto you. By presenting clear evidence of how the collision occurred and how the law works, we push back against arguments that riding a motorcycle in San Francisco excuses another driver’s carelessness.
How Our San Francisco Motorcycle Accident Lawyers Handle Your Case
After a serious crash, you may be unsure what a legal case involves or how much work will fall on you. When you come to us after a San Francisco collision, we take on the legal work so you can focus on your recovery. From the outset, we map out a plan based on where the crash happened, the injuries you suffered, and the available insurance coverage.
We begin by gathering information about the crash, your medical treatment, and any contact you’ve already had with insurers. We then obtain and review the police report, scene photographs, available video, medical records, and other evidence. When necessary, we work with accident reconstruction professionals familiar with local roads such as Market Street, Geary Boulevard, and the approaches to the Bay Bridge.
As your claim progresses, we handle communications with insurance adjusters and defense attorneys, protecting you from pressure to give statements or accept inadequate offers. We prepare formal demands that explain how the other party caused the collision and document your losses. If the insurer won’t offer a fair resolution, we can file a lawsuit in the appropriate court, including San Francisco Superior Court when it has jurisdiction. We keep you informed, explain each step, and involve you in key decisions throughout the case.
What to Do After a Motorcycle Accident in San Francisco
The minutes and days after a crash can feel overwhelming, especially on busy roads such as Van Ness Avenue, the Embarcadero, or Highway 1. Taking the right steps early can protect your health and any future claim:
- Prioritize Medical Care: Your safety comes first. Call 911 from the scene if you’re seriously hurt, or seek medical attention as soon as possible, even if your injuries initially seem minor. Head trauma, internal injuries, and fractures aren’t always immediately apparent.
- Report the Crash and Secure the Scene: If you’re physically able, make sure law enforcement responds and creates an official report. Obtain the responding agency’s information and report number.
- Document What Happened: Write down everything you remember. Note the traffic flow, road conditions, weather, and what the other driver did. Save photographs of vehicle damage, skid marks, your motorcycle, protective gear, and visible injuries.
- Be Careful With Insurance Communications: It’s best to avoid giving recorded statements until you have spoken with an attorney. Before you sign any documents or accept any settlements, consulting experienced representation is in your best interest.
- Preserve Evidence and Follow Treatment Plans: Keep medical records, repair estimates, damaged gear, and receipts for out-of-pocket expenses. Attend follow-up appointments and follow prescribed treatment so your records accurately document your injuries and recovery.
San Francisco motorcycle crashes often involve roadway hazards, heavy traffic, and drivers who fail to look twice. Prompt medical care and careful documentation preserve information we can use to evaluate your legal options.
Common Challenges in San Francisco Motorcycle Claims
Motorcycle claims in San Francisco often raise issues that don’t arise in a typical car crash case. You may face bias from witnesses, insurers, or jurors who assume that anyone on a bike must have been speeding or taking unnecessary risks. In a dense urban environment with complex intersections and frequent construction, determining how a collision occurred requires careful review of the scene and available records.
We frequently see fault disputes involving intersections along Folsom or Mission Street, freeway on-ramps, and tourist areas where drivers may be distracted. Insurance companies sometimes seize on any suggestion that you changed position within a lane, even when your conduct was lawful. We evaluate photographs, diagrams, scene evidence, witness accounts, and available video to establish how visibility, timing, traffic conditions, and driver decisions contributed to the impact.
California follows pure comparative negligence. Under this rule, you can pursue damages even if you’re assigned part of the fault, but your recovery is reduced by your percentage of responsibility. A detailed reconstruction is particularly important when an insurer tries to place disproportionate blame on you.
Common Causes of Motorcycle Accidents in San Francisco
Motorcycle crashes in San Francisco often result from another motorist’s negligence or a hazardous roadway condition. Common causes include:
- Distracted Driving: Drivers using phones or failing to pay attention often overlook motorcyclists.
- Unsafe Lane Changes: Motorists fail to check mirrors and blind spots before moving into your path.
- Speeding: Excessive speed reduces reaction time and increases impact forces.
- Failure to Yield: Drivers turn left in front of motorcycles or disregard your right of way at an intersection.
- Driving Under the Influence: Alcohol and drugs impair a driver’s judgment, coordination, and reaction time.
- Poor Road Conditions: Potholes, debris, and uneven pavement can cause catastrophic injuries, particularly when you lose control or are thrown from the motorcycle.
When another party’s negligence causes your crash, our motorcycle accident attorneys in San Francisco investigate the conduct involved, preserve available evidence, and work to hold the responsible party accountable.
Common Injuries in a Motorcycle Crash
Motorcycle riders lack the protection of seatbelts, airbags, and vehicle frames, so their injuries tend to be more severe than those sustained in car accidents. Common motorcycle accident injuries include:
- Traumatic Brain Injuries: Even with a helmet, you may suffer a concussion or severe brain trauma.
- Spinal Cord Injuries: Damage to your spinal cord can cause paralysis, weakness, chronic pain, or long-term mobility limitations.
- Broken Bones and Fractures: Your legs, arms, ribs, hips, and shoulders are particularly vulnerable during impact.
- Road Rash: Contact with pavement can cause deep abrasions, infection, nerve damage, and permanent scarring.
- Internal Injuries: Organ damage and internal bleeding require immediate medical assessment and treatment.
- Fatal Injuries: Your surviving family members may have grounds to bring a claim when negligence causes your death.
These injuries can require surgery, rehabilitation, ongoing care, and extended time away from work. Your medical record should document more than the initial diagnosis. It should also address your continuing symptoms, treatment needs, physical restrictions, and the effects on your work and daily activities.
Beyond the immediate physical harm, a serious injury can disrupt nearly every part of your routine. You may need help with basic tasks, be unable to return to riding, or require modifications to your home or vehicle. In the Bay Area’s high cost-of-living environment, even a temporary reduction in income can place significant pressure on your family.
We work with treating doctors, life-care planners, and financial professionals to document current medical expenses and future losses. That work is reflected in our $3.5 million settlement for a motorcyclist who suffered a vertebral artery dissection that emergency hospital providers didn’t promptly diagnose and treat. Although every claim depends on its own evidence, this result shows the level of medical and financial documentation serious motorcycle-related injuries can require.
We also recognize that anxiety in traffic, sleep problems, permanent pain, and the loss of a favorite activity are real consequences of a collision. We present evidence of these non-economic harms alongside medical bills, wage records, and future-care assessments to show how the injury has affected you as a whole.
Compensation Available for Injured California Riders
Your motorcycle accident claim can seek economic losses with a measurable financial value and non-economic losses involving the human effects of your injuries. Depending on the facts, recoverable damages may include:
- Medical Expenses: Past bills and projected costs for treatment, surgery, medication, rehabilitation, and ongoing care.
- Lost Wages: Income you lost during recovery and diminished future earning capacity when your injuries limit your work.
- Pain and Suffering: Physical pain, emotional distress, disability, and diminished enjoyment of life.
- Property Damage: The reasonable cost to repair or replace your motorcycle and damaged riding gear.
- Death-Related Damages: Funeral expenses, lost financial support, and loss of companionship for eligible surviving family members.
Your claim’s value depends on the severity of your injuries, the length of your recovery, evidence of future needs, available insurance, and proof of fault. In San Francisco, we also consider your occupation, ability to return to work, and how ongoing treatment affects your daily life. We review medical records, employment history, and supporting professional opinions to document your immediate and future losses.
Why Choose Our Motorcycle Accident Attorneys in San Francisco?
A settlement release can resolve important rights before the full extent of your injuries is known. A serious motorcycle claim may require accident investigation, medical analysis, damages documentation, negotiations, and preparation for trial.
Bostwick & Associates has recovered more than $1 billion in verdicts and settlements and has more than 80 years of combined legal experience. We’ve taken more than 80 jury trials to verdict, giving us a substantial record of preparing evidence for court rather than treating litigation as an afterthought.
- $21M for a 56-year-old woman who suffered a mild traumatic brain injury when her vehicle was struck by a truck. This is the largest non-punitive award of its type for an individual in California’s history.
- $17M for a baby born with brain damage due to a failure to treat a routine maternal infection. This was the largest California medical malpractice settlement to date in 2019.
- $5M for the parents of a 14-year-old child who was killed in an all-terrain vehicle rollover at her Bible camp. At the time, this was the largest settlement for the death of a child in California history.
- $3.5M for a motorcyclist with vertebral artery dissection that wasn’t promptly diagnosed and treated by emergency hospital health care providers.
Our record-setting results and courtroom experience mean we prepare your claim with the possibility of litigation in mind. If your case proceeds in a San Francisco courtroom, we’re ready to present the collision evidence, medical testimony, and financial documentation needed to support it.
We deliberately limit the number of complex, catastrophic injury matters we accept. This focused caseload allows us to meet with you and your family, explain your options, and examine details involving the ride, the roadway, the medical care, and the effect of your injury. We keep you involved in major decisions rather than moving your claim forward without your input.
Motorcycle Accident in San Francisco FAQs
These answers address common questions about deadlines, shared fault, insurance communications, and available coverage after a motorcycle crash.
How Long Do I Have to File a Motorcycle Accident Claim in California?
California Code of Civil Procedure § 335.1 generally provides two years from the date of injury to file an injury lawsuit. A lawsuit following a death generally must be filed within two years of the date of death. Different deadlines can apply in particular circumstances, so your facts and the parties involved should be reviewed promptly.
What If I Was Partially at Fault for the Accident?
California’s pure comparative negligence rule allows you to pursue damages even if you share fault for the collision. Any award is reduced by your assigned percentage of responsibility. Photographs, witness accounts, video, vehicle damage, and scene evidence can be important when the parties disagree about lane position, speed, or right of way.
Should I Talk to the Insurance Company After My Accident?
You should report the collision as required by your policy, but it’s best to avoid giving a recorded statement until you have spoken with an attorney. Don’t accept a settlement before understanding your rights. Adjusters may ask about fault, prior injuries, and current symptoms while your medical treatment is still developing. We handle insurance communications for clients we represent.
What If the Driver Who Caused the Accident Is Uninsured?
Your own uninsured or underinsured motorist coverage could apply, depending on your policy and the collision facts. This coverage can become relevant when the responsible driver has no insurance or insufficient limits. We review the available policies and evidence before identifying potential sources of recovery.
If you’re overwhelmed by medical bills, pain, and insurance calls after a crash, call the San Francisco motorcycle accident attorneys at Bostwick & Associates at (888) 831-8448 or contact us for a free, no-obligation consultation. We handle litigation costs without upfront expenses, and you don’t pay attorney fees unless we win your case.
NATIONALLY RECOGNIZED LAW FIRM
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Inner Circle of AdvocatesInvitation-only organization of the top 100 plaintiff trial lawyers in the U.S.
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International Academy of Trial LawyersFormer President of the International Academy of Trial Lawyers, limited to the top 500 trial lawyers in the U.S.
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American Board of Trial AdvocatesInvitation-only group of the nation’s top civil lawyers and judges.
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Super LawyersJames S. Bostwick has been named a top-rated medical malpractice attorney in Northern California every year since 2004.
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The Best Lawyers in AmericaRecognized since its inception in 1983 by this peer-reviewed publication, comprised of the best legal talent in the world. Awarded Best Malpractice Lawyer in 2012 and 2013.
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LawdragonJames Bostwick inducted into the Hall of Fame and featured among the Top 500 Leading Plaintiff Consumer Lawyers in America.
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American Board of Professional Liability AttorneysJames Bostwick is a nationally certified medical malpractice specialist and founding member.
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Best Law FirmsRecognized for professional excellence with impressive ratings from clients and peers.
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The National Trial LawyersJames Bostwick is listed in the Top 100 Trial Lawyers.
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Multi-Million Dollar AdvocatesAn exclusive group limited to less than 1% of U.S. attorneys who have won multi-million dollar results.
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America's Top 100 Med Mal LitigatorsJames Bostwick has been recognized by America’s Top 100 Medical Malpractice Litigators® as one of the nation's leading medical malpractice attorneys.
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Supers Lawyers 20 YearsJames S. Bostwick has been named as a Super Lawyer for the past 20 years.
What Sets Bostwick & Associates Apart?
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Since January 2018, the firm has twice broken the California record for the largest medical malpractice settlement
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More than $1 billion recovered for our clients
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James Bostwick was named Trial Lawyer of the Year by Best Lawyers® in 2012
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Record-setting verdicts and settlements in five states for medical malpractice and motor vehicle accidents
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James Bostwick is a member of the Inner Circle of Advocates, limited to the nation’s top 100 plaintiff lawyers
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James Bostwick received the Trial Lawyers "Presidential Award of Merit"
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Included in the list of "Best Lawyers in America" by U.S. News - Best Lawyers® since its inception in 1983
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James Bostwick is a Nationally Certified Specialist by the American Board of Professional Liability