Santa Cruz Wrongful Death Motorcycle Accident Attorney
Attorney Michael Rehm - (800) 978-0754
Wrongful Death in Motorcycle Accidents — Santa Cruz County
Attorney Michael Rehm represents families of motorcyclists killed in accidents throughout Santa Cruz County. In 2023, Santa Cruz County recorded 108 motorcycle accident victims — ranking 12th worst among California's 58 counties. Fatal motorcycle accidents in this region occur with particular frequency on Highway 17, Highway 1, and Highway 9 — routes where vehicle speeds are high, sight lines are limited, and the consequences of a driver's failure to yield are catastrophic for a rider with no structural protection.
Establishing Liability in a Fatal Motorcycle Case
The legal basis for a wrongful death claim arising from a motorcycle accident is the same as any vehicle accident — Civil Code §1714 imposes a duty of ordinary care on every vehicle operator. A driver who failed to see the motorcycle, turned left across its path, or changed lanes without checking mirrors has breached that duty. The family of a rider killed by that breach has a wrongful death claim under Code of Civil Procedure §377.60.
The defense in fatal motorcycle cases will often raise bias arguments — suggesting the rider was speeding, lane splitting unsafely, or otherwise at fault. These are arguments the defense must prove. Under California's pure comparative fault system, any attributed fault on the rider's part reduces the recovery proportionally. It does not eliminate the family's claim.
The Underinsurance Problem in Fatal Motorcycle Cases
Fatal motorcycle accidents regularly produce damages — funeral expenses, lost financial support, loss of companionship — that far exceed the at-fault driver's minimum policy limits of $30,000 per person under Vehicle Code §16056(a)(2). Identifying all available coverage — the at-fault driver's policy, any UIM coverage under the decedent's own motorcycle or automobile policy, and any umbrella policies — must happen at the outset. UM/UIM coverage under Insurance Code §11580.2 may be available to the family as part of a survival claim or through the rider's own policy depending on the policy terms.
Who Can Bring the Claim and What Damages Are Available
The standing rules under §377.60 apply in full — surviving spouse or domestic partner, children, dependent stepchildren, putative spouse, and dependent minors who lived in the household. For the complete analysis of standing and recoverable damages, see the Santa Cruz Wrongful Death Attorney page.
The Statute of Limitations
Code of Civil Procedure §335.1 sets a two-year limitations period from the date of death. Missing this deadline can potentially bar the claim. Contact Attorney Michael Rehm to assess the timeline in your case.
Retain Attorney Michael Rehm
Attorney Michael Rehm handles wrongful death motorcycle accident cases throughout Santa Cruz County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.
The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.