If you were injured in a motorcycle crash in San Jose, you need a law firm that understands how serious these cases can be. At The Barnes Firm, our San Jose motorcycle accident lawyers fight to help injured riders recover the maximum compensation available under California law. We have a proven track record in handling cases involving motorcycles, and are ready to advocate on your behalf in order to help you get the best result possible.
Motorcycle riders face unique dangers on Bay Area roads and when drivers fail to share the road safely, the consequences can be catastrophic. In fact, two-thirds of motorcycle accidents involving another vehicle are caused by the automobile driver, not the motorcyclist. If you or a loved one has been hurt in an accident involving motorcycles, contact our San Jose motorcycle accident attorneys today online or by calling (800) 800-0000.
Why You Need a Motorcycle Accident Lawyer in San Jose
Motorcycle accident cases are not the same as standard car accident claims.
Insurance companies often:
- Wrongfully blame motorcyclists
- Argue unsafe lane splitting
- Downplay serious injuries
- Attempt to minimize payouts
An experienced San Jose motorcycle accident lawyer can:
- Investigate the crash thoroughly
- Preserve critical evidence
- Gather evidence to support your claim
- Work with accident reconstruction experts
- Handle all insurance negotiations
- File a personal injury lawsuit if necessary
- Fight for full and fair compensation
California follows a comparative negligence rule, which means your compensation can be reduced if you are partially at fault. Insurance companies frequently exploit this rule to shift blame onto riders. Establishing someone else’s negligence is key to recovering compensation. Our attorneys work to prevent that.
Contacting an experienced personal injury attorney as soon as possible after an accident is crucial to navigate the legal system and protect your rights.
Common Causes of Motorcycle Accidents in San Jose
San Jose’s heavy traffic, tech commuter congestion, and busy highways like US-101, I-280, and CA-87 increase crash risks for motorcyclists.
Common causes include:
- Distracted driving
- Unsafe lane changes
- Failure to check blind spots
- Speeding
- Excessive speed
- Left-turn collisions
- Drunk or impaired driving
- Dooring accidents
- Road hazards and poor maintenance
- Reckless drivers
- Negligent motorists
Regardless of the cause of your motorcycle accident, The Barnes Firm is here to help you. We will handle negotiations with insurance companies, while you focus on recovery.
Common Motorcycle Accident Injuries
Motorcyclists lack the protection of passenger vehicles. As a result, injuries are often severe and life-changing.
Common injuries include:
- Traumatic brain injuries (TBI)
- Spinal injuries
- Skull or facial fractures
- Shoulder injuries
- Knee injuries
- Ankle injuries
- Femur fractures
- Wrist injuries
- Internal injuries
- Broken bones
- Road rash and severe lacerations
- Lacerations
- Disfigurement
- Paralysis
- Amputations
- Wrongful death
These severe injuries often require:
- Surgery or hospitalizations
- Long-term rehabilitation
- Ongoing medical treatment
- Time off work
- Permanent lifestyle adjustments
Victims of motorcycle accidents frequently face mounting medical bills due to the extensive care required for these injuries. In addition to physical harm, motorcycle accidents can also lead to emotional disorders such as PTSD and anxiety, which can significantly impact a person’s life.
Our San Jose motorcycle accident attorneys work to ensure all current and future medical expenses are accounted for.
What Compensation Can You Recover?
If you were the injured party in a motorcycle crash caused by another party, you may be entitled to seek compensation.
Recovering compensation can include medical expenses, lost wages for time missed from work and lost income due to your injuries, as the law allows injured motorcyclists to recover these damages. General damages, such as emotional distress and other non-economic losses, are also available. You may be able to seek compensation for post-traumatic stress disorder (PTSD) resulting from the accident. Securing compensation is crucial for protecting your financial future and preventing long-term financial hardship.
Economic Damages
- Medical bills (past and future)
- Lost wages
- Loss of earning capacity
- Property damage
- Rehabilitation costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
In cases involving extreme negligence, punitive damages may also be available. Every case is different. Our team evaluates the full financial and personal impact of your injuries before negotiating with insurance companies.
Lane Splitting and Motorcycle Laws in California
California is one of the few states where lane splitting is legal.
However:
- It must be done safely
- It cannot be reckless
- It must comply with California Highway Patrol guidelines
Wearing a motorcycle helmet is crucial, as helmet use can significantly reduce injury severity and also affect how insurance claims are handled after an accident.
Insurance companies often attempt to blame riders for accidents involving lane splitting even when the driver is at fault. Our motorcycle accident lawyers understand how to defend against these arguments. Specialized motorcycle accident lawyers also have experience with unique issues such as lane-splitting and helmet regulations.
What To Do After a Motorcycle Accident in San Jose
If you are physically able:
- Call 911 and seek medical attention immediately. Make sure to obtain comprehensive medical care and keep all documentation related to your treatment.
- Cooperate with police officers at the scene and obtain a police report.
- Document the scene with photos.
- Gather witness contact information and collect witness statements to help establish fault or liability.
- Avoid discussing fault.
- Do not speak to insurance adjusters without legal counsel.
- Preserve all medical records and accident reports, as proper documentation can strengthen your case when seeking compensation.
- Contact a San Jose motorcycle accident lawyer as soon as possible to preserve evidence and protect your rights.
Gathering evidence, such as witness statements and medical records, is crucial for your claim.
Early legal representation can significantly impact the outcome of your claim.
Dealing with Insurance Companies
Navigating the aftermath of a San Jose motorcycle accident often means facing off against powerful insurance companies determined to protect their bottom line. For many injury victims, the process of filing a personal injury claim can quickly become overwhelming, especially when insurance adjusters use tactics designed to minimize payouts and delay fair settlements.
Insurance companies are not on your side after a motorcycle accident. Their primary goal is to reduce the amount they pay out, even if it means offering settlements that fall far short of covering your medical bills, lost wages, and other damages. Insurance adjusters may attempt to shift blame onto the motorcyclist, question the extent of your motorcycle accident injuries, or use confusing language to pressure you into accepting a low offer.
Having an experienced San Jose motorcycle accident lawyer in your corner can make all the difference. A knowledgeable legal team understands the strategies insurance companies use and knows how to counter them effectively. Your attorney will handle all communications with the insurance company, gather critical evidence, and fight for a fair settlement that truly reflects the impact of your injuries sustained in the crash.
How Long Do You Have to File a Motorcycle Accident Claim in California?
In most cases, California’s statute of limitations for personal injury claims is:
Two years from the date of the accident.
However, if a government entity is involved (such as a dangerous roadway condition), you may have as little as six months to file a claim. Delays can jeopardize your right to compensation.
Why Choose The Barnes Firm?
When you choose The Barnes Firm, you get:
- A team of experienced personal injury attorneys
- A free case evaluation to discuss your motorcycle accident at no cost
- A proven track record in motorcycle accident cases
- Access to top medical and accident experts, including accident reconstruction specialists and medical professionals
- Thorough case preparation
- Aggressive insurance negotiations
- Trial-ready representation
- A commitment to protecting your financial future after an accident
We understand how devastating motorcycle crashes can be physically, emotionally, and financially. Our mission is to handle the legal burden so you can focus on recovery.
Contact a San Jose Motorcycle Accident Lawyer Today
If you or a loved one was injured in a motorcycle crash in San Jose, do not face the insurance companies alone.
The Barnes Firm offers a free case evaluation to discuss your motorcycle accident claim and charges no fees unless we win.
Call us for a free case evaluation today or fill out our online form to speak with an experienced San Jose motorcycle accident lawyer.
Our team of attorneys want to hear from you.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Answers to Your San Jose
Motorcycle Accident FAQs
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Every motorcycle crash is unique and will have different factors to consider. According to the NHTSA, most accidents are caused by a car or truck driver. The main reason is that the driver does not see the motorcycle rider. Sometimes, the cause of a collision is a parts manufacturer. It is rarely the fault of the motorcycle driver, contrary to popular belief.
Many reasons can lead to motorcycle accidents. The core issue is negligence. Whether it is another driver, a government agency, or a product manufacturer, it is likely a third-party lawsuit. Some of the most common causes of motorcycle crashes include:
- Drunk driving
- Failure to yield when making left turns
- Dangerous speeds
- Texting and other driving distractions
- Failing to check blind spots
- Dangerous road conditions
- Product defect
The cause of the accident will also determine liability issues. The cause determines the responsible party and, therefore, the recovery options.
The NHTSA reports there are more than 5,000 motorcyclists killed in collisions across the U.S. That accounts for 14% of total traffic fatalities for the year. There were 565 motorcyclist deaths in California in a recent year. For comparison, California car accident deaths were about 4,000 for the same reporting year.
Motorcycle accidents can happen anywhere. Often, they occur on highways where traffic is moving fast. The most dangerous counties for motorcyclists in California include:
- Los Angeles
- San Diego
- Orange County
- Riverside
- San Bernardino
The following intersections are also some of the most dangerous in California for collisions:
- University Ave and 1st Ave
- Valley Pkwy & Midway Ave
- Federal Blvd & Euclid Ave
- Linda Vista RD & Ulric St
There are 8.3 million registered motorcycles nationwide. Every year, this number increases. There are 89,000 collisions involving these motorists. That is equivalent to 1% of registered motorcyclists being involved in collisions. About 25% of motorcycle crashes are the rider’s fault. This number can range by area and year.
You can seek payment for pain and suffering in a motorcycle accident settlement. The amount will depend on the severity of your injuries and if you will suffer long-term impacts. It is calculated by taking your economic losses and multiplying them. These damages are often awarded in cases involving permanent injuries or disability.
The civil process can vary depending on the circumstances of your case. You will have to handle insurance claims and the court. The more complex the civil case, the longer it will take to resolve the claim. It can take weeks or months for a settlement. However, a lawsuit can take a year or more in some instances. Issues that can lengthen case time include liability and insurance.
Written by The Barnes Firm, reviewed by Richard Barnes
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