San Jose Motorcycle Accident Lawyer

A motorcycle accident can change your life in an instant. You’re in pain, overwhelmed by medical bills, and missing work. To make matters worse, the insurance company—who should be helping—may try to blame you or minimize your claim. It’s not fair, and you shouldn’t have to face this alone. As motorcycle accidents can inflict a number of injuries from the mild to the severe, it can drastically affect your well being and your earning potential.

At West Coast Trial Lawyers, we’re here to help and are ready to handle your case with the utmost care and respect that it deserves. Our experienced San Jose personal injury lawyers will investigate your case, hold the responsible parties accountable, and fight to get you the compensation you deserve. Whether through negotiation or in court, we’ll handle the legal battle so you can focus on healing. With over $1.6 billion in financial compensation won for our clients, our team of attorneys are confident that they can get you the compensation you deserve for your losses.

You’ve been through enough. Call us at (213) 927-3700 or fill out our online contact form today for a free consultation. Let our motorcycle crash lawyers in San Jose fight for your recovery and your future.

Why Choose Our San Jose Motorcycle Accident Lawyers?

Our president, Neama Rahmani, stands out as one of the youngest graduates in Harvard Law School’s history, bringing unmatched insight and leadership to our firm. We’ve also represented celebrity clients — proving that trust in our team comes from all walks of life. We prioritize your convenience and accessibility. Our team is available 24/7 to meet you wherever you are, and with a multilingual staff, we’ll make communication seamless and accessible in the language you’re most comfortable with.

Our law firm handles every case on a contingency fee basis, meaning you pay nothing unless we win or settle your case. This gives you the confidence to focus on your recovery while we handle the legal battle. When you choose West Coast Trial Lawyers, you’re choosing a firm that blends world-class education, proven results, and a relentless commitment to your case. Our San Jose motorcycle lawyer team specializes in securing settlements, navigating lawsuits, and overcoming biases to protect the interests of injured riders.

Types of San Jose Motorcycle Accidents

Motorcycle accidents can be devastating, resulting in severe injuries and even fatalities. In San Jose, motorcycle accidents are a common occurrence, with many riders facing significant challenges in seeking compensation for their injuries. The lack of physical protection for motorcycle riders often leads to more serious outcomes compared to other types of vehicle accidents.

Motorcycle accidents can occur in various ways, each presenting unique risks and challenges. Understanding the different types of motorcycle accidents can help riders and drivers alike take precautions to prevent them:

• Single-Vehicle Accidents: These involve only the motorcycle and can be caused by factors such as road hazards, mechanical failure, or rider error. For instance, a rider might lose control due to a pothole or debris on the road.
• Multi-Vehicle Accidents: These involve the motorcycle and one or more other vehicles. Common causes include reckless driving, distracted driving, or failure to yield. For example, a car might not see a motorcycle while changing lanes, leading to a collision.
• Motorcycle vs. Pedestrian Accidents: These involve a motorcycle and a pedestrian and can be caused by factors such as reckless driving, distracted driving, or failure to yield. Pedestrians crossing the street without checking for oncoming motorcycles can also contribute to these accidents.

By recognizing these common scenarios, both riders and drivers can be more vigilant and take steps to reduce the risk of accidents.

Risks of Riding A Motorcycle in San Jose

Motorcycle accidents in San Jose are not only frequent but often result in severe injuries due to the lack of protection for riders. Whether you’re a motorcyclist or simply sharing the road with them, here are important details you should know.

California’s Hazard Ranking

California is frequently listed as one of the most hazardous states for motorcycle riders due to its dense traffic and the variety of road conditions across the state. In 2021, the state reported 565 motorcyclist fatalities, accounting for 13% of all motor vehicle deaths in California. This marked an increase from the previous year, highlighting ongoing risks for riders.

Key factors contributing to California’s high ranking include:

• Heavy Traffic: Cities like San Jose experience significant congestion, increasing the chances of accidents involving motorcyclists. Highway 101 ranks as one of the most deadliest freeways in CA.
• Diverse Roadways: The state’s road network includes everything from winding mountain roads to busy urban streets, presenting unique challenges to riders.
• Year-Round Riding Opportunities: California’s mild climate allows motorcyclists to ride throughout the year, leading to a higher number of motorcycles on the road and more opportunities for collisions.

These elements combine to make California particularly challenging for motorcyclists. By recognizing the risks and taking precautions, riders and drivers alike can help improve safety on the state’s roads.

California Helmet Laws Save Lives

California’s helmet laws are vital for motorcycle safety. Under Vehicle Code §27803, all riders and passengers must wear helmets that meet federal safety standards to reduce the risk of severe head injuries, a leading cause of fatalities in motorcycle accidents. Helmets significantly improve safety, with the NHTSA reporting a 37% reduction in death risk and a 67% reduction in brain injury risk when helmets are worn. Vehicle Code §27802 ensures helmets meet specific safety requirements, offering reliable protection in the event of an accident. Following these laws not only keeps you compliant but also dramatically increases your chances of surviving and recovering from an accident

What to Do After a Motorcycle Accident in San Jose

Getting into a motorcycle accident is scary and overwhelming, but knowing what to do next can make a big difference in how you recover—both physically and financially. Here are some practical steps to take after an accident:

1. Make Safety a Priority: If you’re able, move to a safe spot away from traffic. Check yourself and others for injuries and call 911 right away for help.
2. Get Checked Out by a Doctor: Even if you think you’re okay, some injuries don’t show up right away. A medical check-up can catch anything serious and gives you solid proof of your injuries for any legal claims.
3. Gather Evidence: Take photos or videos of the accident scene. Snap pictures of the vehicles, the road, any visible injuries, and anything else that might help explain what happened.
4. Share and Collect Information: Exchange contact and insurance details with the other driver. If there are witnesses, ask for their names and contact info—they could be important later.
5. Talk to the Police: When officers arrive, give them a clear and honest account of what happened. A police report will be important if you decide to file a claim or pursue legal action.
6. Call Your Insurance Company: Let your insurance provider know about the accident. Stick to the facts, and don’t agree to anything without speaking to a lawyer first.
7. Reach Out to a Lawyer: Before settling with the insurance company, get in touch with a San Jose motorcycle accident lawyer. They can deal with the insurance adjusters, help you understand your options, and fight for the best outcome.

Accidents happen fast, but taking the right steps afterward can protect your rights and set you up for a smoother recovery.

Common Causes of Motorcycle Accidents in The Bay Area

Motorcycle accidents in San Jose are often the result of specific and preventable factors. With its busy roads and high traffic density, the city presents unique challenges for riders, making vigilance a necessity. As motorcyclists are 35 times more likely to die in a crash and 16 times more likely to suffer injuries than car occupants, the consequences of these accidents are often severe. California’s ranking as one of the most dangerous states for motorcycle riders highlights the importance of understanding the cause of each accident to hold the responsible parties accountable.

Left-Turn Collisions

One of the most common causes of motorcycle accidents occurs when drivers make left turns at intersections. Often, they fail to notice oncoming motorcycles or misjudge their speed, leading to devastating crashes.

Rear-End Accidents

Rear-end collisions are another frequent issue, often caused by distracted or inattentive drivers who fail to stop in time. For motorcyclists, even a minor rear-end impact can result in severe injuries due to the lack of protection.

Distracted Driving

Drivers texting, using navigation systems, or engaging in other distractions are a significant threat to motorcyclists. These moments of inattention can lead to collisions that have life-altering consequences for riders.

Large Trucks and Blind Spots

Sharing the road with large trucks creates additional risks. As motorcycles can easily disappear into a truck’s blind spots, it can lead to accidents during lane changes or turns.

Mechanical Defects and Road Hazards

Faulty brakes, tire blowouts, and poorly maintained roads with potholes or debris are common causes of motorcycle crashes. These hazards can cause riders to lose control and lead to severe injuries.

Emerging Driverless Technology

As driverless technology becomes more prevalent, challenges in detecting smaller vehicles like motorcycles can result in collisions. This emerging risk adds a layer of complexity to road safety for motorcyclists.

Common Injuries in Motorcycle Accidents

Motorcyclists are especially vulnerable during accidents due to the lack of physical protection compared to other vehicles. Even with proper gear, the injuries sustained in a crash can be life-altering. Some of the most common injuries in motorcycle accidents include:

• Road Rash: When riders slide across the pavement, they can suffer severe abrasions. These injuries range from mild scrapes to deep wounds that require surgery or skin grafts.
• Fractures and Broken Bones: The impact of a collision often results in broken arms, legs, wrists, or ribs, as riders are thrown from their motorcycles.
• Head and Brain Injuries: Even with a helmet, riders may experience traumatic brain injuries (TBIs) from the force of a crash. Concussions and more severe brain injuries can have long-term effects on cognitive and motor functions.
• Spinal Cord Injuries: Damage to the spine can lead to paralysis or other debilitating conditions, drastically altering the victim’s quality of life.
• Internal Injuries: Blunt force trauma during a crash can harm internal organs, leading to internal bleeding and other potentially fatal complications.
• Soft Tissue Injuries: Sprains, strains, and ligament tears are common, especially in the neck and shoulders, due to the sudden force of the accident.
• Psychological Trauma: Beyond physical harm, many motorcyclists suffer from anxiety, PTSD, or depression following a serious accident.

These injuries often require extensive medical care, rehabilitation, and time away from work. If you’ve been injured in a motorcycle accident, seeking legal guidance can help you pursue compensation for medical expenses, lost wages, and pain and suffering

How a San Jose Motorcycle Accident Lawyer Can Help

After a motorcycle accident, having the right legal support can make all the difference. Personal injury lawyers can help you navigate the legal process, handle communication with the insurance company, and negotiate a settlement that reflects the full extent of your losses.

Here’s how they can assist:

• Explaining Your Rights: Understanding your legal options is essential. Your lawyer will provide clarity on your rights and guide you through every step.
• Building Your Case: From gathering evidence to consulting with experts, an attorney will prepare a solid case tailored to your circumstances.
• Managing Insurance Communication: Insurance companies often attempt to minimize payouts. A lawyer will handle all discussions with adjusters, ensuring you’re not pressured into an unfair settlement.
• Pursuing Fair Compensation: Whether through negotiations or, if necessary, by taking your case to trial, your lawyer will work tirelessly to achieve the best possible outcome.

At West Coast Trial Lawyers, we take pride in forming personal connections with our clients. We focus on quality over quantity, ensuring each case receives the time and attention it deserves. With a reputation for taking cases to trial and securing successful settlements and verdicts, our team is ready to fight for your rights. Let us help you move forward with confidence.

Proving Liability in Motorcycle Accidents

Proving liability in motorcycle accidents can be challenging, but it is essential for seeking compensation for injuries. To establish liability, the following elements must be demonstrated:

• Duty: The defendant had a duty to exercise reasonable care to prevent harm to the motorcycle rider. This means that all drivers on the road have a responsibility to follow traffic laws and drive safely.
• Breach: The defendant breached their duty by failing to exercise reasonable care. This could involve actions like speeding, running a red light, or driving while distracted.
• Causation: The defendant’s breach of duty caused the motorcycle accident and the resulting injuries. It must be shown that the accident would not have occurred if the defendant had not breached their duty.
• Damages: The motorcycle rider suffered damages as a result of the accident. This includes medical expenses, lost wages, pain and suffering, and other losses.

Establishing these elements requires a thorough investigation and the collection of evidence. An experienced motorcycle accident lawyer can help gather the necessary proof and build a strong case to hold the responsible parties accountable.

Insurance Policies for Motorcyclists in San Jose

Motorcyclists in San Jose face unique risks on the road, making the right insurance coverage a critical safeguard. While California law mandates liability insurance, additional coverage options can provide greater financial security and peace of mind after an accident.

Here are key types of motorcycle insurance to consider:

• Liability Coverage: Required by law, this covers bodily injury and property damage caused to others if you are found at fault in an accident.
• Uninsured/Underinsured Motorist Coverage: Protects you if you’re involved in an accident with a driver who lacks adequate insurance, a common issue on California roads.
• Collision Coverage: Covers the cost of repairing or replacing your motorcycle if it’s damaged in an accident, regardless of fault.
• Comprehensive Coverage: Offers protection against non-accident-related damages, such as theft, vandalism, or weather-related incidents.
• Medical Payments Coverage: Assists with medical expenses incurred from an accident, regardless of who is at fault.
• Personal Injury Protection (PIP) Coverage: PIP goes further by covering medical expenses and lost wages, no matter who caused the accident. This option can provide vital financial relief and access to medical care during your recovery.

While the minimum required liability coverage satisfies legal obligations, many motorcyclists opt for broader protection to guard against the unpredictable. By understanding and selecting the right insurance coverage, motorcyclists can better protect themselves and their assets in the event of an accident.

Be Careful When Speaking to Insurance Companies

Insurance companies often try to minimize payouts after a motorcycle accident. They may attempt to trick motorcyclists into making recorded statements that can be twisted into admissions of fault. It’s crucial for motorcyclists to refuse to give statements and instruct insurance representatives to contact their lawyer instead. This ensures that their rights are protected and that they do not inadvertently harm their own case.

Should You Accept the First Settlement Offer?

Insurance companies often offer lowball settlements that do not cover all damages. A San Jose motorcycle accident lawyer can help negotiate with the insurance company to get the full value of damages. It is essential to have a clear understanding of the full extent of losses before accepting any offer, as some injuries may not become apparent until later. Once you accept a settlement, you will have to sign a waiver promising not to pursue additional compensation in the future. Consulting with a lawyer ensures that you receive fair compensation for your injuries and losses, allowing you to focus on your recovery without financial stress.

Who Is Liable for Motorcycle Accidents While Lane Splitting?

In California, lane splitting is legal when done safely, but liability for accidents depends on the circumstances. If a motorcyclist was speeding or riding recklessly, they may be at fault. However, if a driver failed to check mirrors, changed lanes abruptly, or acted aggressively, they could be held liable. In some cases, both parties may share responsibility. Under California’s comparative fault system, a motorcyclist can still recover compensation even if partially at fault, though their recovery will be reduced by their share of fault.

Determining liability requires a detailed review of the accident, including evidence and witness accounts. A skilled motorcycle accident lawyer can help establish fault and fight for the compensation you deserve.

The Motorcycle Accident Claim Process

Filing a motorcycle accident claim in San Jose can feel overwhelming, but taking the right steps can make a significant difference in the outcome. Here’s what the process involves:

First, it’s important to gather evidence that supports your claim. This includes:

• Witness statements
• Photos or videos of the crash scene
• Physical evidence from the accident
• Document common motorcycle accident injuries such as head injuries, spinal injuries, and broken bones to support your claim.

For more complex cases, crash scene experts may also provide valuable insights to strengthen your case.

Role of Evidence in Motorcycle Accident Claims

Evidence plays a crucial role in motorcycle accident claims, as it helps to establish fault and determine the extent of damages. Here are some types of evidence that may be relevant:

• Police Reports: These reports provide an official account of the accident, including the parties involved, the location, and the circumstances. Police reports are often a critical piece of evidence in determining fault.
• Witness Statements: Witnesses can provide valuable insights into the accident, including what they saw and heard. Their testimonies can corroborate your account of the events and strengthen your claim.
• Photographs and Videos: Visual evidence can help to recreate the accident scene and demonstrate the extent of damages. Photos and videos of the crash site, vehicle damage, and injuries can be compelling evidence in your case.
• Medical Records: These records provide documentation of injuries and medical treatment, which can help to establish the extent of damages. Detailed medical records are essential for proving the severity of your injuries and the associated costs.
• Expert Testimony: Experts, such as accident reconstruction specialists, can provide professional opinions on the cause of the accident and the extent of damages. Their analysis can be instrumental in building a strong case.

Collecting and preserving evidence is vital for a successful motorcycle accident claim. Working with an experienced San Jose motorcycle accident lawyer can help ensure that all relevant evidence is gathered and presented effectively.

What Compensation Can I Expect After a Motorcycle Accident?

The compensation you can recover after a motorcycle accident in San Jose depends on factors like the severity of your injuries and the extent of your losses. Generally, compensation falls into two categories:

• Economic Damages: These cover financial losses such as medical bills, lost wages, and property damage to your motorcycle.
• Non-Economic Damages: These address the emotional and physical toll of the accident, including pain and suffering, emotional distress, and loss of enjoyment of life.

Our San Jose motorcycle accident attorney will carefully evaluate your case, calculate the full scope of your damages, and fight to secure fair compensation for you. Whether through negotiations or trial, we’re dedicated to helping you recover what you deserve.

Can You Sue for Wrongful Death in a San Jose Motorcycle Accident?

Yes, surviving family members of a motorcycle accident victim can sue for wrongful death if the accident was caused by the negligence or recklessness of another party. In California, close family members—such as spouses, children, or other dependents—can seek compensation for the emotional and financial losses they’ve endured due to the death of a loved one.

Damages in a wrongful death case may include:

• Funeral and Burial Costs: To help alleviate the financial burden of final arrangements.
• Loss of Financial Support: Compensation for the income the deceased would have provided to their family.
• Loss of Companionship: Reflecting the emotional impact of losing a loved one’s presence and guidance.
• Emotional Distress: For the mental and emotional anguish experienced by surviving family members.

Wrongful death lawsuits in San Jose require a thorough investigation to establish liability, which can involve gathering evidence, interviewing witnesses, and consulting experts. A skilled motorcycle accident lawyer can guide your family through this difficult process, ensuring you have the support needed to pursue justice and compensation

Statute of Limitations for Motorcycle Accident Claims in California

In California, the statute of limitations for motorcycle accident claims is two years from the date of the accident. This means that motorcyclists have two years to file a claim for damages, or they may be barred from doing so. However, there are some exceptions to this rule, such as:

• Minors: Minors have until their 20th birthday to file a claim, regardless of when the accident occurred. This extension allows young victims time to seek legal recourse once they reach adulthood.
• Government Claims: Claims against government entities have a shorter statute of limitations, typically six months to one year. If your accident involved a government vehicle or occurred on government property, it’s crucial to act quickly.
• Wrongful Death Claims: Claims for wrongful death have a two-year statute of limitations, but the clock starts running from the date of death, not the date of the accident. This distinction is important for families seeking justice for their loved ones.

Understanding the statute of limitations is essential for protecting your right to compensation. If you have been involved in a motorcycle accident, it’s important to consult with a San Jose motorcycle accident lawyer as soon as possible to ensure your claim is filed within the required timeframe.

Contact a Motorcycle Accident Lawyer in San Jose Today

At West Coast Trial Lawyers, we understand what you’re going through and are ready to stand by your side. With our experience, resources, and commitment to your case, we will hold those responsible accountable and help you pursue the compensation you deserve. Now is the time to take action. Don’t let the insurance companies undervalue your claim or dismiss your suffering. Let us take on the fight while you focus on your recovery.

Call us at (213) 927-3700 or fill out our easy online contact form to schedule your free consultation. This is your chance to work with a dedicated team that will go above and beyond to help you rebuild your life and secure the justice you need. Your fight is our fight—let’s win it together.