Motorcycle accident
Motorcycle Accident Attorneys in Oakland, California
The firms in this guide
1. Venardi Zurada, LLP
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, personal injury, wrongful death, catastrophic injuries
Case Types Handled: Motorcycle collisions, intersection accidents, left-turn accidents, lane change accidents, head-on collisions, drunk driving accidents, distracted driving accidents, negligent driver accidents, road hazard accidents, wrongful death claims
Legal Services: Accident investigation, evidence preservation, police report analysis, traffic camera footage retrieval, witness interviews, expert consultations (traffic safety, physics, medical), insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims
Background: Knowledgeable and compassionate attorneys who understand the difficulties and dangers faced by Oakland motorcycle riders. The firm works with qualified medical professionals to ensure clients receive necessary medical attention. Team of consultants and experts available including traffic safety experts, physicists, and medical experts. Has obtained confidential settlements against major organizations.
Location: Oakland, CA
Contact: (833) 893-6763 | https://www.vzlawfirm.com
Consultation: Free consultation, contingency fee basis (no payment unless recovery obtained)
2. Callaway & Wolf
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, personal injury, medical malpractice, wrongful death
Case Types Handled: Motorcycle collisions, intersection accidents, left-turn accidents, rear-end collisions, lane change accidents, motorist failure to spot motorcyclists, traumatic brain injuries, catastrophic injuries
Legal Services: Accident investigation, evidence gathering, liability assessment, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, quality of life claims
Background: Attorney Boone Callaway is both AV Rated and a Super Lawyer (fewer than 5% of attorneys achieve these designations). Accepted as member of ABOTA (American Board of Trial Advocates), an invitation-only group of fewer than 8,000 trial lawyers nationwide. The firm has recovered millions of dollars for clients throughout the Bay Area. Notable recoveries include $1.2 million for a San Francisco motorcyclist with mild traumatic brain injury.
Location: 1300 Clay St #600, Oakland, CA 94612
Contact: (510) 603-4988 | https://www.callawayandwolf.com
Consultation: Free, no-obligation consultation
3. Winer, Burritt, Scott & Jacobs, LLP
Practice Focus: Motorcycle accidents, car accidents, personal injury, wrongful death, catastrophic injuries
Case Types Handled: Motorcycle collisions, dangerous road conditions, road defect accidents, construction zone accidents, intersection accidents, left-turn accidents, product defect claims, wrongful death claims
Legal Services: Accident investigation, road condition analysis, property owner liability claims, construction contractor liability claims, evidence gathering, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims
Background: Partner attorneys have more than 60 years of combined legal experience representing personal injury victims throughout California. Has successfully obtained more than $200 million in verdicts and settlements for clients. Works to challenge perceptions and biases against motorcyclists. Pursues all cases on a contingency fee basis.
Location: Oakland, CA
Contact: (510) 433-1000 | https://www.wmlawyers.com
Consultation: Free initial consultation
4. Michael Padway & Associates
Practice Focus: Motorcycle accidents, personal injury, catastrophic injuries
Case Types Handled: Motorcycle collisions, intersection accidents, left-turn accidents, rear-end collisions, lane change accidents, motorcycle vs. car collisions, motorcycle vs. truck collisions
Legal Services: Case intake, client preparation for depositions, defense medical examination accompaniment, accident investigation, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims
Background: Michael Padway is a motorcycle rider and has specialized in representing motorcyclists in personal injury cases for over 30 years. The firm focuses exclusively on motorcycle accidents and is known as one of the Oakland motorcycle injury attorneys who ride. Provides direct attorney access and personal attention to each case. Practice built largely on word-of-mouth referrals.
Location: Oakland, CA (serves San Francisco Bay Area)
Contact: Contact through website | https://www.michaelpadway.com
Consultation: Free consultation, contingency fee basis (no fees unless settlement obtained)
5. GJEL Accident Attorneys
Practice Focus: Motorcycle accidents, car accidents, truck accidents, brain injuries, personal injury, wrongful death
Case Types Handled: Motorcycle collisions, intersection accidents, lane change accidents, rear-end collisions, head-on collisions, catastrophic injuries, traumatic brain injuries, wrongful death claims
Legal Services: Accident investigation, evidence gathering, insurance claim negotiation, settlement negotiations, litigation, trial representation, medical expense recovery, lost wage claims, pain and suffering claims, punitive damage claims
Background: Experienced personal injury law firm with a 99% success rate. Serves clients throughout Alameda County and the Bay Area. Has recovered millions specifically for injured motorcycle riders. Not afraid to take on insurance companies and corporate defendants. Handles cases on contingency fee basis.
Location: Oakland, CA
Contact: Contact through website | https://www.gjel.com
Consultation: Free consultation
Alcohol, Social Hosts and Passenger Rules in Oakland Motorcycle Crash Claims
When alcohol is part of an Oakland motorcycle crash, California law answers two questions in different statutes: when a driver’s DUI conviction limits that driver’s own recovery, and when a host who served alcohol can be held responsible.
A DUI Conviction and Noneconomic Losses
Civil Code § 3333.4(a) bars noneconomic losses in a motor vehicle case for an injured person convicted of DUI for that crash, as well as for an injured owner of a vehicle not insured as required and an injured operator who cannot establish financial responsibility. Under subdivision (c), an uninsured owner injured by a motorist convicted of DUI for that crash keeps the right to recover noneconomic losses.
Social Hosts
Civil Code § 1714(c) bars holding a social host who furnishes alcoholic beverages accountable for injuries resulting from their consumption. Subdivision (d) preserves a claim against a parent, guardian or other adult who knowingly furnishes alcohol at their residence to a person they know, or should have known, is under 21, and the claim may be brought by that person or by someone that person harmed.
The Passenger
Vehicle Code § 27800 allows a passenger only on a seat securely fastened behind the driver and equipped with footrests, or in a sidecar designed for passengers, and requires the passenger to keep their feet on the footrests while the motorcycle is moving.
Speed
Vehicle Code § 22350 bars driving on a highway faster than is reasonable or prudent having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed that endangers persons or property.
Oakland Motorcycle Accident Questions
Can I recover if I was partly at fault?
Yes. Li v. Yellow Cab Co. (1975) adopted pure comparative negligence. For example, imagine $130,000 in damages and 30 percent of the fault on the rider: the recovery would be $91,000.
Must the passenger wear a helmet?
Yes. Vehicle Code § 27803 requires the driver and any passenger on a motorcycle operated on the highways to wear a safety helmet meeting § 27802, and makes it unlawful to operate the motorcycle if any passenger is not wearing one.
How long do I have to sue?
Two years under Code of Civil Procedure § 335.1 for injury or death caused by another’s wrongful act or neglect. A claim against the City of Oakland or another public entity must first be presented within six months after accrual under Government Code § 911.2.