San Jose Motorcycle Accident Lawyer

A motorcycle accident can leave accident victims with long-lasting, harmful effects. If someone else’s negligence causes your accident and injuries, you have the right to pursue financial compensation. However, this will be difficult to do on your own. California’s personal injury laws are complex, and filing a lawsuit takes time. Following an accident, your primary concern should be recovering. When you partner with The Barnes Firm‘s top motorcycle accident lawyers in San Jose, you can focus on getting better while our personal injury attorneys handle the day-to-day aspects of your case.

  • Contact The Barnes Firm

    Fields marked with an * are required

Why Are Motorcycles Dangerous?

A protective, metal structure surrounds car, van, SUV, and truck passengers. If an accident occurs, they have more protection from the direct impact of the other vehicle. Windshields also protect people from debris, such as rocks or glass. Cars and trucks have additional safety features, including seatbelts and airbags. More modern cars even have rollover protection.

Conversely, motorcycles offer no protection to riders. When an accident occurs, they often flip over the handlebars or fall off the bike. Motorcyclists also have less control over their brakes. Even when a rider applies them, the bike can still spin out of control. The steering is also more sensitive, causing bikers to lose control over a sudden or sharp turn. In general, motorcyclists have less control over their vehicles than drivers do.

What Causes Motorcycle Accidents in San Jose?

a view from the top of the entrance to the hospital and a modern ambulance with a red cross parked near the emergency entrance

Motorcycle crashes can occur because of several reasons. A driver may not look before changing lanes, hitting a rider. Drivers may also be distracted behind the wheel and drift over into another lane. Understanding what causes motorcycle collisions in San Jose is vital to staying safe on the road. If you notice a driver doing anything unsafe, keep your distance. When it is safe to do so, report the vehicle to local authorities.

Lane Switches

Drivers can cause an accident when they change lanes without signaling their intent. Even if they do, drivers can still collide with a motorcycle if they do not properly check their blind spots. Since motorcycles are much smaller than other vehicles on the road, drivers tend to merge without thoroughly checking their surroundings. Try avoiding blind spots as much as you can to avoid an accident.

Motorcycle Accident Attorney
Motorcycle Accident Attorney

Lane Switches

Drivers can cause an accident when they change lanes without signaling their intent. Even if they do, drivers can still collide with a motorcycle if they do not properly check their blind spots. Since motorcycles are much smaller than other vehicles on the road, drivers tend to merge without thoroughly checking their surroundings. Try avoiding blind spots as much as you can to avoid an accident.

Texting Driver

Distracted Driving

Sending a quick text can have serious consequences. Additionally, using your cell phone is illegal when behind the wheel in California. Drivers over 18 can only use their phones in a hands-free manner, such as speakerphone or voice commands. However, texting is not the only form of distracted driving. Other forms of distracted driving include eating, interacting with passengers, adjusting the radio, or daydreaming.

Speeding

Speeding is a leading cause of all motor vehicle accidents. It increases the amount of time it takes to come to a safe stop, decreasing the driver’s control over their vehicle. Speeding cars also make it difficult for motorcyclists to gauge how much time they have to enter the roadway safely.

view from a driver of a car going towards a motorcyclist
view from a driver of a car going towards a motorcyclist

Speeding

Speeding is a leading cause of all motor vehicle accidents. It increases the amount of time it takes to come to a safe stop, decreasing the driver’s control over their vehicle. Speeding cars also make it difficult for motorcyclists to gauge how much time they have to enter the roadway safely.

biker riding his motorcycle with a helmet and backpack on

Lane Splitting

Stop-and-go traffic is typical in San Jose. Many motorcyclists ride in between two lanes of traffic to quickly arrive at their destination. This practice is known as lane splitting, and it is completely legal in California. However, it is hazardous. You will always be in a driver’s blind spot, which may cause an accident. Instead, stay in one lane to avoid a collision.

Common Injuries from Motorcycle Accidents

Since motorcycles do not offer the same protection as other vehicles, riders are more susceptible to severe injuries. In fact, 45% of all motorcycle crashes result in more than just a minor injury. Some common motorcycle accident injuries include:

  • Traumatic brain injuries
  • Spinal cord injury
  • Tissue or organ damage
  • Internal bleeding
  • Road rash
  • Broken bones

What to Do Following a Motorcycle Crash in San Jose?

The aftermath of an auto accident can be confusing and overwhelming, but the steps you take may benefit your case. The first thing you should always do is put your safety first. If you can, remove yourself from harm’s way. Move to the shoulder or stand on the sidewalk. The last thing you want is for another vehicle to hit you.

As soon as you can, call 911. The other driver may try to convince you not to, but your insurance company may require a police report following an accident. Additionally, you must report any motorcycle accident to the police that causes injury or more than $1,000 in property damage. Request an ambulance if you are in need of one.

While you wait for authorities to arrive, begin to photograph the accident scene. Take photos of any injuries and damage. You will also want to document road and weather conditions. If there are any witnesses, talk to them. They may be able to provide additional information about the accident that will help your case. Before they leave the scene, make sure you have their contact information.

Finally, seek medical attention. Even if you feel fine and show no external injuries, having a doctor check you out is always best. Remember, you have more adrenaline than normal flowing through your body, suppressing any discomfort. Once adrenaline levels return to normal, you might start to feel immense pain. A doctor will also be able to diagnose any internal injuries you may have sustained in the accident.

How Long Do I Have to File a Personal Injury Claim in California?

Victims have two years from the accident date to file a personal injury claim in California. If you fail to file a lawsuit within this window, most courts will refuse to hear your case, losing your right to compensation. There may be exceptions to this that might extend the deadline, but it is on a case-by-case basis, and the judge has complete discretion.

Two years seems like enough time to file a claim, but gathering evidence and negotiating with insurers takes time. If your injuries are severe enough to require more extended treatment or physical therapy, you might not have the time to dedicate your full attention to a lawsuit. That is why hiring a San Jose personal injury lawyer will be beneficial.

Experienced Motorcycle Accident Attorneys in San Jose Will Fight For You

If you or a loved one was involved in a motorcycle accident in San Jose, contact The Barnes Firm today. Our skilled motorcycle accident attorneys in San Jose will launch a thorough investigation into your crash and the circumstances leading up to it. When you partner with us, you can be confident we will do everything possible to secure a favorable outcome. To schedule a free consultation, call or complete our contact form today.

The Barnes Firm (800) 800-0000

RELATED:

Our Best Motorcycle Accident Lawyers in San Jose

five star reviews

The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.

-Nichole W.