Motorcycle accident
Motorcycle Accident Attorneys in Fremont, California
The firms in this guide
- Walkup, Melodia, Kelly and Schoenberger Call Walkup, Melodia, Kelly and Schoenberger: (415) 981-7210
- GJEL Accident Attorneys
- AutoAccident.com (Law Offices of Ed Smith) Call AutoAccident.com (Law Offices of Ed Smith): (510) 631-0200
- Setareh Law Call Setareh Law: (310) 659-1826
- Michael Padway and Associates Call Michael Padway and Associates: (510) 839-5900
1. Walkup, Melodia, Kelly and Schoenberger
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, catastrophic injuries, traumatic brain injuries, spinal cord injuries, wrongful death, personal injury
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, intersection motorcycle accidents, left-turn motorcycle accidents, lane splitting accidents, lane change accidents, rear-end collisions with motorcycles, drunk driver motorcycle accidents, distracted driver motorcycle accidents, road hazard accidents, wrongful death from motorcycle collisions
Legal Services: Free case reviews, contingency fee arrangements (no fees unless compensation recovered), negligence investigation, accident reconstruction, police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Walkup, Melodia, Kelly and Schoenberger has more than six decades of experience handling motorcycle accident cases in Northern California. The firm reports success in over 98% of cases handled. The attorneys understand how insurance companies work in motorcycle cases and are prepared to take cases to trial when clients are not being treated fairly.
Location: San Francisco and Oakland offices serving Fremont, California
Contact: (415) 981-7210 | https://www.walkuplawoffice.com/fremont-motorcycle-accident-lawyer/
Consultation: Free case review, contingency fee arrangement
2. GJEL Accident Attorneys
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, catastrophic injuries, wrongful death, personal injury
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, intersection motorcycle accidents, left-turn motorcycle accidents, lane change accidents, lane splitting accidents, drunk driver motorcycle accidents, distracted driver motorcycle accidents, hit-and-run motorcycle accidents, wrongful death from motorcycle collisions
Legal Services: Free case reviews, negligence investigation, immediate accident scene response, evidence preservation, accident reconstruction, police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: GJEL Accident Attorneys has recovered over $1 billion for clients and reports a 99.9% success rate. The firm has recovered over $10 million specifically for clients in the Fremont area injured in serious accidents. The firm maintains offices across Northern California including in Fremont. The attorneys fight insurance companies who try to unfairly blame motorcyclists.
Location: Fremont, California
Contact: https://www.gjel.com/fremont
Consultation: Free case review
3. AutoAccident.com (Law Offices of Ed Smith)
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, traumatic brain injuries, catastrophic injuries, wrongful death, personal injury
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, intersection motorcycle accidents, left-turn motorcycle accidents, lane splitting accidents, lane change accidents, rear-end collisions with motorcycles, mechanical failure accidents, rental motorcycle accidents, dangerous road condition accidents, wrongful death from motorcycle collisions
Legal Services: Free consultations, negligence investigation, accident reconstruction, police report analysis, insurance claim negotiation, government claims (within six-month deadline), litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: The firm has represented injured motorcyclists and families since 1982. Founder and attorney Ed Smith wrote the California Motorcycle Accident Handbook, which answers common questions riders ask after collisions. The attorneys know how to educate juries about misconceptions regarding motorcyclists and how insurance companies use tactics to minimize claims.
Location: Northern California offices serving Fremont
Contact: (510) 631-0200 | (800) 404-5400 | https://autoaccident.com/fremont-motorcycle-accident-attorney/
Consultation: Free consultation, in-person or virtual available
4. Setareh Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, rideshare accidents, catastrophic injuries, traumatic brain injuries, spinal cord injuries, wrongful death, personal injury
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, intersection motorcycle accidents, left-turn motorcycle accidents, lane splitting accidents, lane change accidents, rear-end collisions with motorcycles, road rash injuries, drunk driver motorcycle accidents, distracted driver motorcycle accidents, wrongful death from motorcycle collisions
Legal Services: Free consultations, home visits available, contingency fee arrangements (no fees unless compensation recovered), negligence investigation, accident reconstruction, police report analysis, witness interviews, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages, wrongful death claims
Background: Setareh Law has recovered over $250 million for injured individuals throughout California. The firm has 60 years of combined experience handling complex motorcycle accident cases involving serious injuries and fatalities. The attorneys understand motorcycle accident dynamics and California traffic laws, and know how to overcome biases that often affect motorcycle cases.
Location: California offices serving Fremont (Home visits available)
Contact: (310) 659-1826 | https://www.setarehfirm.com/fremont/motorcycle-accident-lawyer/
Consultation: Free consultation, home visits available, contingency fee arrangement
5. Michael Padway and Associates
Practice Focus: Motorcycle accidents exclusively, head injuries from motorcycle accidents, spinal injuries from motorcycle accidents, multiple fractures from motorcycle accidents, personal injury for motorcyclists
Case Types Handled: All types of motorcycle accidents including motorcycle versus car collisions, motorcycle versus truck accidents, intersection motorcycle accidents, left-turn motorcycle accidents, lane splitting accidents, lane change accidents, rear-end collisions with motorcycles, single-vehicle motorcycle accidents, wrongful death from motorcycle collisions
Legal Services: Consultations for injured riders, negligence investigation, accident reconstruction, police report analysis, insurance claim negotiation (specialized for motorcycle cases), litigation, trial preparation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering damages
Background: Michael Padway is recognized as the “go to” motorcycle accident attorney for injured riders. He has lectured nationally for the American Bar Association and written for motorcycle enthusiast publications. He is a founder of the Motorcycle Legal Foundation. In addition to many years of riding experience as a member of the motorcycle community, Michael has extensive background in personal injury matters including head injuries, spinal injuries, and multiple fractures. The firm is frequently called upon to handle cases mishandled by non-motorcycle accident lawyers.
Location: 3140 Chapman St, Oakland, CA 94601 (serving Fremont and Bay Area)
Contact: (510) 839-5900 | https://www.michaelpadway.com/
Consultation: Free consultation for injured riders
Bike Setup, Helmets and Insurance Limits in Fremont Motorcycle Crash Claims
A Fremont motorcycle crash claim can involve the bike’s setup and the rider’s helmet as well as two insurance questions: the other driver’s liability limits and whether the rider’s own uninsured motorist coverage is still on the policy.
Seat and Handlebar Position
Vehicle Code § 27801 bars driving a two-wheel motorcycle with a seat positioned so the driver sitting astride cannot reach the ground with their feet, or with handlebars that put the driver’s hands more than six inches above shoulder height when on the grips.
Helmets
Vehicle Code § 27803 requires the driver and any passenger on a motorcycle operated on the highways to wear a safety helmet meeting § 27802, fastened with its straps and fitting securely, and makes it unlawful to operate or ride if anyone aboard is not wearing one.
The Other Driver’s Limits
Vehicle Code § 16056(a)(2) sets, for any policy issued or renewed on or after January 1, 2025, at least $30,000 for injury to or death of one person, $60,000 for two or more people and $15,000 for property damage; earlier policies carried $15,000, $30,000 and $5,000.
Changing Uninsured Motorist Coverage
Under Insurance Code § 11580.2, the insurer and a named insured may, by written agreement in the statutory form, delete uninsured motorist coverage completely, delete it for named drivers, or set it below the required amount but not below the Vehicle Code § 16056 limits.
Fremont 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 $100,000 in damages and 40 percent of the fault on the rider: the recovery would be $60,000.
Who may sue if a rider is killed?
Under Code of Civil Procedure § 377.60, the surviving spouse, domestic partner, children and issue of deceased children, or, if there are none, those entitled to the estate by intestate succession; listed dependents may also bring the claim, and the personal representative may assert it on their behalf.
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 a public entity must first be presented within six months after accrual under Government Code § 911.2.