How to File a Motorcycle Accident or Wrongful Death Lawsuit in California
The Road to Justice Starts with a Single Step
No one plans to file a lawsuit. Most riders just want fair treatment after a crash — medical bills covered, time to heal, and accountability for the driver who caused it. But too often, insurance companies deny, delay, or underpay valid claims.
That’s when it’s time to take the next step: a lawsuit.
Filing a motorcycle accident or wrongful death lawsuit in California isn’t about revenge — it’s about making things right. It’s about holding people accountable, protecting your family’s future, and making sure the next rider doesn’t get hurt by the same careless behavior.
At McCarthy Motorcycle Law, we’re riders first and lawyers second. We’ve guided injured riders and grieving families across California through this process — step by step — so they can focus on healing while we focus on fighting.
Here’s how the process works, what to expect, and how to protect your rights along the way.
Step 1: Get Medical Care and Document Everything
Before you even think about filing a lawsuit, your health comes first.
Go to the ER or urgent care after any crash — even if you feel “okay.” Adrenaline can mask serious injuries like concussions, internal bleeding, or soft-tissue damage.
Keep all your medical records, doctor’s notes, and receipts. They’re not just proof of treatment — they’re evidence that helps show how the crash changed your life.
If your loved one was killed in a motorcycle accident, request copies of the police report, coroner’s report, and any emergency medical records. These documents form the foundation of a wrongful death lawsuit later on.
Step 2: Contact a Motorcycle Lawyer Early
You don’t have to face the legal system alone — and you shouldn’t try to.
Insurance companies start building their defense immediately. They send adjusters, hire lawyers, and sometimes even try to contact you directly before you have representation.
The earlier you talk to a California motorcycle accident lawyer, the better.
We can:
Preserve crucial evidence before it disappears
Handle all communication with insurers
Identify all potential defendants (drivers, employers, manufacturers, or government entities)
Make sure your case meets filing deadlines
If we can resolve your claim fairly through negotiation, great. If not, we’ll be ready to file a lawsuit before the clock runs out.
Step 3: Understand the Statute of Limitations
California law gives you a limited window to file a lawsuit after a motorcycle crash.
Personal injury: Generally two years from the date of the accident.
Wrongful death: Two years from the date of death.
Claims against government entities: Only six months to file an administrative claim first.
Miss the deadline, and your right to recover compensation is usually gone forever.
That’s why it’s crucial to act fast — even if you’re still healing or grieving. A lawyer can handle the timeline for you so you don’t have to worry about legal deadlines while trying to recover.
Step 4: Your Lawyer Investigates and Builds the Case
Once you hire a motorcycle lawyer, the first thing they’ll do is investigate.
That means digging into every piece of evidence that proves fault and damages:
Crash scene evidence: Photos, skid marks, debris, road design, weather, lighting
Vehicle data: Event recorders (black boxes), maintenance logs, and dashcam footage
Witness statements: From drivers, bystanders, or other riders
Expert analysis: Accident reconstruction, biomechanics, and human factors
Medical evidence: Doctor reports, imaging, and long-term prognosis
In wrongful death cases, we also document your loved one’s life — their character, relationships, career, and contributions to the family. That’s what helps juries and insurance adjusters understand what was truly lost.
This phase can take weeks or months, depending on the complexity of the crash and how much the other side tries to hide.
Step 5: Filing the Complaint
When informal negotiation fails or time is running out, we file the Complaint — the document that officially starts your lawsuit.
The Complaint names:
You (the injured rider or surviving family) as the Plaintiff
The person, company, or government agency responsible as the Defendant
The legal basis for your claims (negligence, wrongful death, product defect, etc.)
The damages you’re seeking
The court then issues a Summons, which must be formally delivered (“served”) to each Defendant. Once served, the countdown begins — the Defendant usually has 30 days to respond.
Step 6: The Defendant Responds
The Defendant typically responds with an Answer, denying fault or blaming you — the rider. Sometimes they’ll also file motions to dismiss or delay the case.
Don’t panic. This is normal. It’s part of the process, not a reflection of your claim’s strength.
From here, both sides exchange information in what’s called discovery — one of the most critical stages of any motorcycle case.
Step 7: Discovery — Gathering the Evidence That Wins Cases
Discovery is where we build your case piece by piece. It includes:
Written questions (interrogatories) to both sides
Document requests for things like maintenance logs, phone records, and insurance policies
Depositions, where witnesses, police officers, and even experts answer questions under oath
For motorcycle cases, this stage is where anti-rider bias often shows up — and where we dismantle it. We use expert testimony and visual evidence (like helmet damage, bike trajectory, or traffic data) to prove exactly what happened.
If you’re a surviving family member, we handle this part delicately. You don’t have to relive every detail — that’s our job. We protect your emotional well-being while fighting for the truth.
Step 8: Settlement Negotiations and Mediation
Most motorcycle injury and wrongful death lawsuits settle before trial. But that doesn’t mean “quick money.”
We only recommend settlement when it’s fair — not when it’s fast.
Throughout the case, we’ll negotiate with the insurance company, present your damages, and use expert reports to support our demand. Sometimes the court orders mediation, where both sides sit down with a neutral mediator to try to reach an agreement.
If the offer doesn’t reflect the full value of your injuries or loss, we keep going. We’ve found that being ready for trial is the best way to achieve strong settlements.
Step 9: Preparing for Trial
If settlement fails, your lawyer will take the case to trial. This is where it helps to have a real trial lawyer, not a marketing firm that just hands cases off.
Trial preparation includes:
Selecting the right jury
Presenting expert witnesses
Showing photos, animations, and 3D reconstructions
Cross-examining defense experts
Telling your story clearly, honestly, and powerfully
Motorcycle trials often come down to education — helping jurors understand what riders see, how motorcycles handle, and how small driver mistakes have catastrophic results.
At McCarthy Motorcycle Law, we pride ourselves on turning complex facts into stories jurors understand — stories that win.
Step 10: The Verdict and Beyond
At the end of trial, the jury issues a verdict. If they find in your favor, they’ll decide how much compensation you’re entitled to.
In injury cases, that may include:
Medical expenses (past and future)
Lost wages and earning capacity
Pain and suffering
Emotional distress
Property damage
In wrongful death cases, damages can include:
Funeral and burial costs
Loss of companionship, support, and care
Lost future income
Emotional suffering
If either side disagrees with the verdict, they can appeal — but most cases resolve at this stage.
How Long Does a Motorcycle Lawsuit Take?
It depends.
Some cases settle in a few months; others take two to three years. Factors include:
The severity of injuries or losses
How clear liability is
Whether multiple defendants are involved
The court’s backlog
We know you want closure, and we work efficiently — but never at the expense of full justice. Quick settlements benefit insurers, not riders.
How Much Does It Cost to File a Lawsuit?
With us — nothing upfront.
We work on a contingency fee basis, meaning we only get paid when we win. We front all case costs, including filing fees, experts, and depositions. When the case ends successfully, our fee comes from the recovery — not your pocket.
This approach levels the playing field for riders and families. You get big-firm resources without big-firm bills.
How Wrongful Death Lawsuits Differ from Injury Cases
The biggest difference is who brings the claim — and what it’s for.
Injury lawsuits are filed by the rider (or their guardian, if incapacitated) to recover for medical bills, lost income, and pain.
Wrongful death lawsuits are filed by surviving family members for their own losses — financial and emotional.
Sometimes both claims happen together: a survival action (on behalf of the rider’s estate) and a wrongful death claim (for the family’s loss). We handle both simultaneously to maximize recovery and minimize confusion.
Our goal in every case is the same: to make sure no one gets away with cutting corners, breaking the law, or ending a life without accountability.
Common Legal Hurdles — and How We Handle Them
Motorcycle lawsuits come with unique challenges, including:
Rider bias: We counter it with data, experts, and real-world riding knowledge.
Hit-and-run drivers: We use traffic cameras, witness statements, and insurance investigations to identify them.
Defective parts: We work with engineers to expose design or manufacturing flaws.
Government liability: We meet short deadlines for dangerous-road claims against cities or counties.
Whatever the obstacle, we’ve seen it — and beaten it.
Why Riders and Families Trust McCarthy Motorcycle Law
We’re not a marketing firm. We’re not a volume practice. We’re riders, lawyers, and people who believe in fairness.
Our firm was built to give motorcyclists a fighting chance — whether you’re dealing with lifelong injuries or the loss of someone you love.
Clients choose us because:
We’ve recovered millions for riders and families.
You deal directly with attorney John McCarthy — not a junior associate.
We respond quickly, keep communication clear, and handle every detail personally.
We use technology and experience to go toe-to-toe with large defense firms.
We genuinely care about every rider and family we represent.
When someone’s negligence changes your life, you deserve a lawyer who won’t back down — one who knows the roads, the rules, and the realities of riding in California.
Take the First Step Today
Filing a motorcycle injury or wrongful death lawsuit can seem intimidating — but you don’t have to do it alone. We’ll walk you through every stage, explain every decision, and fight like hell to get you the justice you deserve.
Our free case evaluations go straight to our inbox — not a call center. We usually respond the same day. If we can help, we’ll schedule a free consultation. If we can’t, we’ll point you toward someone who can.
Because at McCarthy Motorcycle Law, we believe every rider’s story deserves to be told — and every family deserves answers.