Motorcycle Accident Attorney San Francisco
Fighting for motorcycle riders' rights against insurance company bias
San Francisco Motorcycle Accident Lawyer Protecting Rider Rights
Motorcycle riders face unique dangers on the road — and unique challenges when pursuing an injury claim. Without the protection of a vehicle frame, airbags, or seatbelts, motorcyclists are far more vulnerable to serious injuries in a collision. Making matters worse, insurance companies routinely carry a bias against motorcycle riders, often trying to blame the rider regardless of the facts. Attorney Michael Martinovsky understands motorcycle law in California and fights aggressively to ensure riders receive fair treatment and full compensation.
Types of Motorcycle Accidents We Handle
Attorney Martinovsky represents motorcycle riders injured in all types of collisions throughout San Francisco and the Bay Area:
- Lane splitting accidents — California is the only state that legally permits lane splitting (CVC 21658.1). When motorcyclists are riding between lanes of slow or stopped traffic and are struck by a motorist who changes lanes without looking or opens a door, the motorist is often at fault. We protect riders who were lane splitting legally and safely.
- Left-turn accidents — One of the most common and dangerous scenarios for motorcyclists. A car or truck making a left turn fails to see an oncoming motorcycle and turns directly into the rider's path. These collisions often result in severe injuries.
- Rear-end collisions — A following vehicle strikes a motorcycle from behind, often at a stoplight or in traffic. Even a low-speed rear-end hit can throw a rider from the bike and cause serious injury.
- Dooring accidents — A parked vehicle occupant opens their door directly into the path of an approaching motorcycle. These sudden, unavoidable collisions are common on busy San Francisco streets and can cause devastating injuries.
- Intersection collisions — Drivers running red lights, failing to yield, or failing to see a motorcycle at intersections. Motorcycles are harder for other drivers to spot, making intersection crashes especially common.
- Road hazard accidents — Potholes, gravel, uneven pavement, railroad tracks, and other road defects that are minor inconveniences for cars but can be deadly for motorcyclists.
Severe Injuries in Motorcycle Accidents
The lack of physical protection makes motorcycle accident injuries particularly severe. Common injuries include:
- Road rash — Abrasion injuries from sliding across pavement that can range from minor scrapes to deep wounds requiring skin grafts and leaving permanent scarring
- Bone fractures — Broken legs, arms, wrists, collarbones, and ribs are extremely common in motorcycle accidents and may require multiple surgeries
- Traumatic brain injuries (TBI) — Even with a helmet, the force of impact can cause concussions, brain contusions, or severe traumatic brain injuries with lasting cognitive effects
- Spinal cord injuries — Damage to the spinal cord that can result in partial or complete paralysis, fundamentally changing a rider's life
- Internal injuries — Damage to organs from blunt force impact that may not be immediately apparent but can be life-threatening
- Disfigurement and scarring — Permanent scarring from road rash, burns, or surgical procedures that affect both physical appearance and emotional well-being
Insurance Company Bias Against Motorcyclists
One of the biggest challenges motorcycle accident victims face is systemic bias from insurance companies. Adjusters often assume that motorcyclists are reckless thrill-seekers and will look for any reason to shift blame onto the rider. Common tactics include:
- Claiming the rider was speeding or driving aggressively without evidence
- Arguing that lane splitting was unsafe, even when it was performed legally and responsibly
- Suggesting that riding a motorcycle is inherently dangerous and the rider assumed the risk
- Minimizing the severity of injuries or attributing them to pre-existing conditions
- Offering lowball settlement amounts hoping the injured rider will accept out of desperation
Attorney Martinovsky knows these tactics and counters them with thorough evidence gathering, accident reconstruction when necessary, expert testimony, and aggressive negotiation. He ensures that bias against motorcyclists does not prevent you from receiving the compensation you deserve.
California Motorcycle Laws
Lane splitting (CVC 21658.1): California is the only state that explicitly permits lane splitting — the practice of riding a motorcycle between lanes of traffic moving in the same direction. The California Highway Patrol recommends that riders lane split only when traffic is moving at 30 mph or slower and the motorcyclist does not exceed surrounding traffic speed by more than 10 mph. If you were lane splitting within safe parameters and were struck by another vehicle, you have every right to pursue compensation.
Helmet law (CVC 27803): California requires all motorcycle riders and passengers to wear a U.S. Department of Transportation (DOT) compliant helmet at all times while riding. Failure to wear a helmet does not bar you from recovering damages, but it may reduce your compensation for head injuries under California's comparative negligence system if the defense can show a helmet would have prevented or reduced those specific injuries.
Comparative negligence: California's pure comparative negligence rule applies to motorcycle accident cases just as it does to car accidents. Even if you were partially at fault — for example, slightly exceeding the recommended lane splitting speed — you can still recover damages reduced by your percentage of fault.
Why Choose Attorney Martinovsky for Your Motorcycle Accident Case
- Understands rider rights — Knowledge of California motorcycle laws including lane splitting and helmet requirements
- Fights insurance bias — Experienced in countering anti-motorcyclist prejudice from insurance adjusters
- Personal attention — You work directly with Attorney Martinovsky, not a paralegal or case manager
- Proven education — UC Berkeley undergraduate, University of Iowa College of Law (top 20 nationally ranked)
- Trilingual service — Representation available in English, Spanish, and Russian
- Contingency fee — No fee unless we win your case. You pay nothing upfront.
Frequently Asked Questions About Motorcycle Accidents
Is lane splitting legal in California?
Yes, California is the only state that explicitly permits lane splitting. Under California Vehicle Code Section 21658.1, motorcyclists may ride between lanes of traffic moving in the same direction. The California Highway Patrol recommends lane splitting only when traffic is moving at 30 mph or slower and the motorcyclist does not exceed traffic speed by more than 10 mph. If you were lane splitting safely and were hit by a motorist, you have every right to pursue a claim for your injuries.
Can I still recover damages if I was not wearing a helmet?
California law requires all motorcycle riders and passengers to wear a DOT-compliant helmet (CVC 27803). If you were not wearing a helmet at the time of the accident, it may affect your claim but does not necessarily bar you from recovering compensation. Under California's comparative negligence system, the at-fault driver is still responsible for the accident. However, your damages related to head injuries may be reduced if the defense can prove a helmet would have prevented or reduced those specific injuries.
Why do insurance companies treat motorcyclists unfairly?
Insurance companies often carry a bias against motorcyclists, assuming that riders are inherently reckless or that motorcycling is a dangerous hobby. Adjusters may try to shift blame onto the motorcyclist regardless of the facts. They may argue the rider was speeding, lane splitting unsafely, or being aggressive. An experienced motorcycle accident attorney knows how to counter these biases with evidence, expert testimony, and knowledge of California motorcycle laws.
What should I do after a motorcycle accident in San Francisco?
After a motorcycle accident, seek medical attention immediately, even if you feel fine. Call 911 and file a police report. Document the scene with photos if possible, including damage to your motorcycle, road conditions, and your injuries. Get contact and insurance information from all involved parties and any witnesses. Do not give a recorded statement to any insurance company. Contact an experienced motorcycle accident attorney as soon as possible to protect your rights.
What types of compensation are available after a motorcycle accident?
Motorcycle accident victims may recover compensation for medical expenses (emergency care, surgery, rehabilitation, future treatment), lost income and reduced earning capacity, pain and suffering, emotional distress, motorcycle repair or replacement, protective gear replacement, scarring and disfigurement, and loss of enjoyment of life. The specific damages depend on the severity of your injuries and the circumstances of the accident.
Areas We Serve
Attorney Martinovsky represents auto collision victims throughout the San Francisco Bay Area, including San Francisco, Oakland, San Jose, Berkeley, Daly City, Fremont, Hayward, Richmond, Concord, and Walnut Creek. View all areas served →
Injured in a Motorcycle Accident? Get Help Now.
Contact Attorney Martinovsky today for a free, no-obligation consultation about your motorcycle accident case.