San Jose Motorcycle Accident Lawyer

Our San Jose motorcycle accident lawyers are dedicated to protecting your legal rights and best interests–especially when confronting the overwhelming biases that often place riders at fault instead of the actual negligent parties.

Attorney Jeff Car Accident Lawyer is available to serve the Santa Clara County community and provide exceptional legal representation to injured motorcyclists. Learn how our award-winning legal team can maximize your motorcycle accident claim. Set up a free consultation by calling us at (409) 449-6897 or scheduling online.

How a Motorycle Accident Lawyer Benefits Your Case
Compensation in a Motorcycle Accident Case
Common Motorcycle Accident Injuries That Can Be Compensated
7 Things to Do After a Motorcycle Accident
How Motorcycle Accident Laws Will Affect Your Claim

The Importance of Legal Representation After a Motorcycle Crash

Helping Injured Riders Recover the Compensation They Deserve

San Jose roads present significant dangers for motorcyclists, largely due to heavy traffic, hazardous intersections, and the uneven roadways of Highway 87. Consequently, when motorcycle accidents occur, insurance adjusters hold unfair biases against injured riders, placing them at fault.

Our award-winning personal injury law firm recognizes these unique challenges and is ready to strongly advocate for victims’ rights to achieve the best possible results. Our San Jose motorcycle accident lawyers offer the following benefits.

Maximize Motorcycle Accident Claim Value: Applying strategic insight to aggressively negotiate or litigate against large insurance companies
Access to the Top Medical Care in the Bay Area: Connecting clients with medical professionals to ensure proper care and accurate medical records
Counter Deceitful Insurance Tactics: Recognizing local insurance practices and strategies designed to minimize payouts
Expertise of California Laws: Including specific regulations regarding helmet regulations, nuances of lane splitting, and the application of comparative negligence
Accurate Assessment of Fault: Understanding of all potential liable parties, such as negligent drivers, government entities, and even motorcycle riders
Manage Legal Claims to Meet Deadlines: Building a strong case that adheres to the state’s statute of limitations

Our San Jose motorcycle accident attorneys know how to navigate the NorCal court system. This expertise allows us to efficiently manage court filings and gather evidence from the San Jose Police Department and local emergency services. Our streamlined approach to legal proceedings helps ensure a timely and favorable outcome for your case.

Damages That Can Be Compensated in a Motorcycle Accident Claim

Concerns regarding the realistic financial recovery after a San Jose motorcycle crash are understandable. Our experienced motorcycle accident lawyers carefully assess all damages and are methodical in pursuing compensation for our clients. The following damages can be pursued in a personal injury claim.

Motorcycle Economic Damages

These “special damages” cover quantifiable, out-of-pocket expenses, typically verified through receipts, invoices, and bills. Common examples include, but are not limited to:

Current medical expenses
Cost of future medical treatment
Cost of home modifications, like wheelchair ramps or handicap showers
Loss of future earnings due to the inability to return to work
Lost wages due to time missed from work while recovering from serious injuries
Other out-of-pocket expenses, like home care services
Property damage, like motorcycle repairs/replacement

Motorcycle Non-Economic Damages

These “general damages” compensate for non-monetary losses and other ways the accident impacted the victim, making them more challenging to quantify. Common examples include, but are not limited to:

Diminished quality of life
Loss of companionship and consortium
Pain and suffering, including physical discomfort and emotional trauma
Physical disfigurement, including scarring, temporary or permanent disability

Punitive Damages

Accidents involving egregious conduct, such as drunk driving, can award victims punitive damages. The purpose of punitive damages is not necessarily to reward the victim but to deter similar actions in the future.

Our San Jose motorcycle accident lawyers assess all applicable losses to determine the total damages. This assessment is then presented to the at-fault party’s insurance adjusters in the form of a demand letter. Should the insurance company initially deny liability, we will use our analysis during negotiations to validate a fair settlement.

Common Causes of San Jose Motorcycle Crashes

Like other personal injury cases, the root cause of most motorcycle accidents is a result of another party’s negligence. The most common examples include the following:

Distracted driving, like using phones, eating, or talking to passengers
Failing to check for blind spots or turning without looking
Lane splitting without checking it’s safe to do so
Poor road conditions, such as potholes, debris, or broken traffic lights
Reckless driving, tailgating, or speeding
Running red lights and stop signs
Vehicle or parts defects, including improperly installed brakes or mechanical failure

If someone else’s carelessness, recklessness, or even intentional actions caused your accident, whether it was another person or a company, we’re here to help you seek compensation through a just settlement.

Common Motorcycle Accident Injuries That Can Be Compensated

The National Highway Transportation Safety Administration reports that over 80% of all motorcycle accidents lead to injury or fatality for the rider or passenger.

Even when wearing helmets and proper safety gear, motorcycle accidents often result in severe injury. The most common motorcycle accident injuries include:

Amputation: Permanent disfigurement from high‑impact crashes
Biker’s Arm: Injuries to the arm, affecting nerves, muscles, and joints
Broken Bones: Fractures and breaks in the limbs and other extremities
Burn Injuries: Contacts with hot surfaces, like exhaust pipes and engine components
Emotional Trauma: Post-traumatic stress disorder, mental anguish
Facial Injuries: Including fractures, lacerations, and dental injuries
Head Injuries: Traumatic brain injuries (TBIs), skull fractures
Internal Injuries: Organ damage, internal bleeding
Road Rash: Deep skin abrasion, lacerations, infection risk, scarring
Spinal Cord Injuries: Lead to paralysis or loss of motor function
Soft Tissue Injuries: Sprains and strains to muscles, ligaments, and tendons

Regardless of apparent severity, it’s important to always seek immediate treatment. This prevents injuries from escalating, ensures severe injuries are properly treated, and establishes documentation of when and how the motorcycle accident injuries were sustained, which is necessary for filing an insurance claim.

7 Things You Must Do After a Motorcycle Accident

Immediately following a motorcycle accident, it’s important to stay calm and prioritize your well-being. Here are the immediate steps to take after a crash:

Ensure safety: Move to a safe location away from traffic and call 911.
Report the accident: Notify the police and file a police report.
Exchange information: Collect contact and insurance information from the other party. Also, collect witness statements and their contact information, as well.
Document the accident scene: Take photos/videos of the crash site, other involved vehicles, road conditions, weather, and visible injuries.
Seek immediate medical attention: Even if symptoms appear mild, get a professional medical evaluation. Retain all medical records and medical expenses.
Notify your insurance company: This initiates the insurance claims process with the at-fault party. Only share facts, do not assume liability, or make self-incriminating statements.
Contact a San Jose motorcycle accident lawyer: Consult with an experienced motorcycle accident attorney to understand your legal rights and options.

California Motorcycle Accident Laws That May Affect Your Claim

For those unfamiliar with California tort laws, navigating the legal landscape after a motorcycle accident can be very challenging–especially when recovering from serious injuries.

To secure fair compensation and prevent potential complications, it’s crucial to have a general understanding of your rights and responsibilities. Important statutes to familiarize yourself with include the following.

Comparative Negligence

Under California’s “fault” system, the party responsible for an accident bears accountability for resulting damages. This liability extends to the claimant if he or she shares partial responsibility for their own injuries. For example, a motorcyclist who failed to wear a helmet could be deemed partially liable for a head injury sustained in a collision.

The injured party may still seek compensation, but the awarded amount will be reduced based on the assigned percentage of fault in causing the accident.

Helmet Laws

CVC §27803 mandates that all motorcycle riders and passengers wear a U.S. DOT-compliant safety helmet. The helmet must be certified by the manufacturer to comply with the U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218. This requirement applies to those operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.

Additionally, decorative stick-on items like decals or horns are allowed if it does not compromise the helmet’s safety features.

Insurance Requirements

To legally operate a motorcycle, riders must carry minimum liability insurance. This includes $30,000 for injury or death to one person, $60,000 for injury or death to multiple people, and $15,000 for property damage.

Additionally, riders must report accidents to the DMV if the motorcycle accident results in over $750 in property damage to any single individual (including themselves) or if anyone sustains an injury, regardless of its apparent minor nature. A Report of Traffic Accident Occurring in California (SR1) within 10 days of the motorcycle crash.

Lane Splitting

While legal in California, this maneuver carries inherent risks. Drivers may not anticipate a rider traveling between lanes, and factors like blind spots or general inattention can lead to serious motorcycle accidents and significant injuries if a driver attempts a lane change or opens a car door.

In some motorcycle accident cases, lane splitting can result in the rider being held partially or entirely responsible for the collision.

Statute of Limitations

Personal injury claims, including motorcycle crash claims, must be filed within two years of the date of injury. Failing to meet the filing period may result in losing the right to recover compensation.

The standard two-year statute of limitations has exceptions. If a government entity, such as a city vehicle, is involved, the filing period is shortened to six months. However, if a minor is involved, the filing period does not begin until he or she turns 18.

Why Choose Attorney Jeff Car Accident Lawyer for Your Case?

Our California personal injury attorneys possess extensive experience handling motorcycle injury cases in San Jose and throughout the Bay Area. With our client-first approach, our legal professionals offer the following:

100% free consultation, with no obligation to retain our services
24-hour client support to address concerns and questions throughout the claims process
Tailor-made representation, ensuring your personal needs are addressed
Proven results with millions recovered in verdicts and settlements
No legal fees unless a successful outcome is achieved

What to Bring to Your Free Consultation

To assist our legal team in accurately evaluating your motorcycle accident case, kindly provide the following documents at the case evaluation, if available:

Police accident report and case number
Photos or video of the accident scene, damage, and injuries
Medical records and bills (emergency care, surgeries, therapy)
Employment documentation indicating time missed from work
Any correspondence or settlement offers from insurance companies
Contact information for the parties involved and witnesses
Details about property damage to your bike, gear, and clothing

Frequently Asked Questions About San Jose Motorcycle Accidents

Can I still seek compensation if I was partially at fault?

Yes. The principle of pure comparative negligence allows accident victims to recover damages even if they are partially at fault. However, insurance companies are aggressive when trying to assign the majority of the blame to the plaintiff. Therefore, working with a San Jose motorcycle lawyer is highly advisable in cases of shared fault to ensure a fair distribution of liability and a just financial recovery.

If insurance offers a settlement, should I take it?

Typically, no. Insurance companies frequently offer low initial settlements, hoping victims accept before understanding the true value of their cases. It’s crucial to understand the full extent of your damages, like future medical care and emotional pain and suffering, before settling. Consult a lawyer first for an accurate case assessment; you may be entitled to much more.

Do I need to hire a lawyer for minor injuries?

Hiring is not always necessary–like in cases involving minor damages and injuries. However, some injuries, such as concussions, internal damage, or traumatic brain injuries, may initially seem “minor” but can worsen over time. Legal representation guarantees a comprehensive evaluation of all present damages and future medical costs, even for seemingly minor injuries.

How can a motorcycle accident lawyer help my case?

A San Jose motorcycle accident lawyer can help with several aspects of a case. This may include investigating the accident to determine fault, gathering evidence, communicating with insurance companies on behalf of the client, and negotiating for a fair settlement. They can also file a motorcycle accident lawsuit and represent clients in court if the insurance company fails to offer a fair settlement.

What are California’s lane-splitting laws?

In California and some other states, motorcyclists are permitted to practice lane splitting, which involves riding between lanes of slow-moving or stopped traffic. Despite its legality, lane splitting can lead to accidents if drivers do not see motorcycle riders or change lanes without signaling. To prevent collisions in these situations, both motorcyclists and drivers must exercise caution.

Injured in an Accident? Jeff’s Got You.

Whether you suffered injuries–minor or life‑altering– or experienced non-economic losses, a San Jose motorcycle accident lawyer from Attorney Jeff Car Accident Lawyer can protect your rights and maximize your claim.

You deserve a legal team that understands your situation and the biases faced by riders. We will determine lost wages and future earning potential, secure comprehensive medical coverage, and seek compensation for your pain and suffering.

Next Steps

Schedule your free, no‑obligation consultation with a San Jose motorcycle accident lawyer.
We will review your case and explain your options clearly and confidentially.
We will handle all details: from evidence gathering to medical invoicing, communication with the insurance company, negotiations, and trial preparation if necessary.

After an accident, Jeff’s got you. Call or fill out our online case evaluation form. Our dedicated San Jose motorcycle accident attorneys are ready to fight for the maximum compensation you deserve.

Other Cases Our Personal Injury Law Firm Handles

Our experienced personal injury attorneys in San Jose, CA also specialize in the following practice areas:

San Jose Bicycle Accidents
San Jose Car Accidents
San Jose Dog Bites
San Jose Pedestrian Accidents
San Jose Personal Injury Accidents
San Jose Slip and Fall Accidents
San Jose Truck Accidents
San Jose Lyft and Uber Accidents
San Jose Workers’ Compensation
San Jose Wrongful Death Claims

Schedule a Free Consultation with Our California Law Firm

Our personal injury attorneys can help evaluate your motorcycle accident claim and pursue the maximum recovery you are entitled to.

Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897

Attorney Jeff Car Accident Lawyer’s Other Locations

We have law offices throughout California. Determine the viability of your case with our free case checker or schedule a free consultation to discuss your motorcycle accident case with one of our personal injury lawyers today.

Our law firm takes pride in helping injured clients rebuild their lives after devastating motorcycle crashes and other motor vehicle accidents. We’re available 24/7 to answer your questions and guide you forward. Contact us today.