San Jose Motorcycle Accident Lawyer

If you or someone you love has been hurt in a crash, you need more than just any attorney—you need an experienced San Jose motorcycle accident lawyer who understands the biases riders face, the severity of injuries sustained, and what it truly takes to pursue fair compensation.

Attorney Jeff Car Accident Lawyer is available to serve the Santa Clara County community and provide exceptional legal representation to injured motorcyclists throughout the San Jose area and Northern California.

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.

Table of Contents

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
Who Is at Fault in Motorcycle Accident Cases?

The Importance of Legal Representation After a Motorcycle Wreck

Protecting Injured Motorcyclists Throughout the Bay Area

San Jose’s heavy traffic, hazardous Highway 87 intersections, and aggressive or distracted driving contribute to a high rate of dangerous motorcycle collisions in Santa Clara County. Injured riders often face insurance companies quick to minimize claims or unfairly blame the motorcyclist. 

To ensure fairness throughout the legal proceedings and increase the likelihood of securing a case win, our San Jose motorcycle accident attorney team offers the following benefits:

• Access to Top Medical Care in Northern California: Connect injured clients with trusted medical professionals to ensure proper care and accurate documentation of their injuries
• Accurate Assessment of Fault: Identify all liable parties, such as negligent car drivers, government entities, or other parties involved, to build a compelling case to prove fault
• Counter Deceptive Insurance Tactics: Recognizes insurance company strategies designed to minimize payouts and knows how to push back
• Expertise in California Laws: Including helmet regulations, lane splitting nuances, comparative negligence, and how these factors affect personal injury claims
• Maximize Motorcycle Accident Claim Value: Apply strategic insight to aggressively negotiate or litigate against large insurance companies on behalf of motorcycle accident victims
• Meeting All Deadlines: Manage motorcycle accident cases from start to finish, ensuring all filings comply with California’s statute of limitations

Our California motorcycle accident attorneys are experienced in navigating the Northern California court system, working with the San Jose Police Department, gathering evidence from the accident scene, and coordinating with police officers and medical professionals to strengthen clients’ cases. 

What Damages Can Be Recovered in a Motorcycle Accident Claim?

Our experienced legal team carefully assesses all losses and is methodical in pursuing compensation for injured clients. The following damages may be pursued through a personal injury claim or personal injury lawsuit. 

Economic Damages

These “compensatory damages” cover quantifiable, out-of-pocket losses, verified through bills, invoices, and employment records, consisting of:

• Current medical bills and related medical expenses
• Future medical expenses for ongoing treatment, surgeries, or rehabilitation
• Home modification costs, such as wheelchair ramps or accessibility upgrades
• Loss of future earnings and loss of earning capacity if severe injuries prevent returning to work
• Lost wages due to time missed from work while recovering from serious injuries
• Other out-of-pocket expenses related to the motorcycle accident
• Property damage, including motorcycle repairs or replacement

Non-Economic Damages

These “general damages” address the non-monetary ways a serious motorcycle accident has impacted victims, consisting of:

• Diminished quality of life
• Loss of companionship and consortium
• Pain and suffering, including physical discomfort and emotional distress
• Physical disfigurement, including scarring or permanent disability
• Post-traumatic stress disorder (PTSD) and other psychological impacts
• Punitive Damages

In cases involving egregious conduct, such as driving under the influence, courts may award punitive damages in addition to other damages. This is done to punish the guilty party and prevent similar behavior in the future.

Our San Jose motorcycle accident attorney team assesses all applicable losses and presents a thorough demand to the at-fault party’s insurance company. When the insurance company fails to offer a fair settlement, we are fully prepared to take your case to trial.

Common Causes of San Jose Motorcycle Crashes

Like other personal injury cases, most motorcycle accidents in the San Jose area stem from another party’s negligence. Common causes our legal team has handled include:

• Aggressive Driving — tailgating, cutting off motorcycle riders, or road rage
• Distracted Driving — car drivers using phones, eating, or failing to check blind spots
• Distracted or Inattentive Lane Changes — a frequent cause of motorcycle collisions in urban San Jose traffic
• Failing to Come to a Complete Stop — running red lights or rolling through stop signs
• Lane Splitting — when car drivers don’t anticipate a rider traveling between lanes
• Poor Road Conditions — potholes, debris, or malfunctioning traffic signals
• Speeding — from either party on highways, surface streets, or residential neighborhoods
• Vehicle or Parts Defects — improperly maintained brakes or mechanical failures

If someone else’s carelessness caused your San Jose motorcycle crash—whether it was another motorist, a company, or a government entity—our motorcycle accident lawyers are here to help you seek compensation.

Common Motorcycle Accident Injuries That Can Be Compensated

The National Highway Transportation Safety Administration reports that over 80% of all motorcycle accidents result in injury or death. Unlike car occupants, motorcycle riders have little protection in a crash—no surrounding frame, no airbags, and minimal padding between the rider and the road. Even riders wearing helmets and full protective gear can suffer devastating injuries.

The most common motorcycle accident injuries include, but are not limited to:

• Amputation — permanent disfigurement in severe crashes
• Biker’s Arm — nerve, muscle, and joint damage resulting from a rider instinctively extending their arm to break a fall
• Bodily Injury from high-impact motorcycle collisions
• Brain Injury — ranging from mild concussions to severe damage affecting cognition and motor skills
• Broken Bones and Fractures — including those to the legs, arms, and pelvis
• Burn Injuries — from contact with hot surfaces such as exhaust pipes
• Internal Injuries — including organ damage and internal bleeding, which may not be immediately apparent
• Post-Traumatic Stress Disorder (PTSD) and emotional distress following a traumatic motorcycle accident
• Road Rash — deep abrasions that carry serious infection risk and permanent scarring
• Spinal Cord Injuries and Spinal Injuries — can lead to paralysis or permanent loss of motor function
• Traumatic Brain Injuries (TBIs) and skull fractures — among the most life-altering injuries sustained in a motorcycle wreck

Regardless of apparent severity, it is critical to seek immediate medical care, even if you think you have not suffered injuries. Prompt treatment not only protects your health but also establishes documentation of when and how your motorcycle accident injuries were sustained. This is essential when filing an insurance claim or pursuing a personal injury lawsuit.

7 Things You Must Do After a Motorcycle Accident

Immediately following a motorcycle accident, staying calm and prioritizing your safety is essential. Here’s what to do:

1. Ensure safety: Move out of traffic if possible and call 911 to request medical assistance, if necessary, and to report the crash. Reporting the accident is legally required under certain circumstances. 
2. Report the accident: Notify police officers and file an official police report, as it will be critical to a motorcycle accident claim.
3. Document the accident scene: Take photos and video of the crash site, all vehicles involved, road conditions, protective gear that was being worn, and any visible motorcycle accident injuries.
4. Exchange information: Collect contact and insurance information from all parties involved. Additionally, gather witness statements and their contact information.
5. Seek immediate medical care: Even if injuries seem minor, get evaluated by a medical professional. Some of the most severe injuries, including traumatic brain injuries and internal injuries, may be life-threatening but do not show immediate symptoms.
6. Notify your insurance company: Initiate the insurance claim process, BUT share only the facts. Do not admit fault, speculate fault, or share additional accident details until consulting an attorney.
7. Contact a San Jose motorcycle accident lawyer: The sooner an experienced motorcycle accident attorney is consulted, the better positioned the case will be to pursue compensation and legal rights protected.

California Motorcycle Accident Laws That May Affect Your Claim

Navigating a serious motorcycle accident can be overwhelming—especially when also recovering from significant injuries. To promote a successful case outcome and protect your rights, ensure familiarity with the following laws that could affect your motorcycle accident claim.

Comparative Fault

If the injured motorcyclist is partially at fault (e.g., for not wearing protective gear), compensation will be proportionally reduced. In cases involving comparative negligence, insurance companies aggressively try to shift blame to accident victims. Therefore, working with an experienced motorcycle accident lawyer is essential to salvaging the personal injury claim.

Helmet Laws

California Vehicle Code §27803 requires all motorcycle riders and passengers to wear a U.S. DOT-compliant safety helmet. Failure to wear proper headgear can affect a motorcycle accident claim if head injuries are sustained.

Insurance Requirements

California motorcycle riders must have minimum liability insurance of $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, accidents must be reported to the DMV if damage exceeds $750 or if any bodily injury occurs.

Lane Splitting

Lane splitting is legal in California, but it is inherently risky and is often disputed in motorcycle accident claims. If a crash results due to lane splitting, insurance carriers may try to assign partial or full fault to the rider to reduce their financial responsibility.

Statute of Limitations

Most personal injury claims, including motorcycle accident cases, must be filed within two years of the date the accident occurred. However, if a government entity is involved, that filing period is reduced to just six months. Missing these deadlines could forfeit the right to seek compensation entirely.

Who Can Be Held Liable in a San Jose Motorcycle Accident?

Identifying the liable party is one of the most important steps in pursuing a motorcycle accident claim. Depending on how the motorcycle crash occurred, liable parties may include:

• Negligent car drivers who failed to yield, were distracted driving, or engaged in aggressive driving
• Government entities responsible for maintaining safe road conditions where the accident occurred
• Motorcycle or parts manufacturers in cases involving defective equipment
• Employers, if the at-fault driver was operating a vehicle in the course of their employment

Our legal team conducts thorough investigations, gathering evidence from the accident scene, reviewing police reports, working with reconstruction experts, and interviewing witnesses to prove fault and build the strongest possible case for motorcycle accident victims.

Why Choose Attorney Jeff Car Accident Lawyer?

Our personal injury attorney team has extensive experience handling motorcycle accident cases throughout the San Jose area and Northern California. As an experienced motorcycle accident lawyer firm, we offer injured motorcyclists and their families:

• 100% Free Consultation — no financial obligation to discuss your case and learn the best course of legal action
• Contingency Fee Basis — you pay no legal fees unless we achieve a successful outcome
• 24/7 Client Support — our legal team is available around the clock to address your questions
• Proven Results — millions recovered in verdicts and settlements for injured clients
• Tailor-Made Representation — ensure your unique needs are addressed

We proudly serve motorcycle accident victims throughout San Jose, Santa Clara County, and the greater Bay Area, with offices conveniently located across Northern California.

Other Cases Our Personal Injury Law Firm Handles

Attorney Jeff Fayngor, Esq., is a highly-regarded personal injury attorney, earning recognition such as USA Today’s Top 15 Attorneys, an Avvo 10.0 Superb Top Personal Injury Attorney ranking, and an A+ Rating from the BBB. Our experienced personal injury attorney team in San Jose also specializes in:

• San Jose Bicycle Accidents
• San Jose Car Accidents
• San Jose Construction Accidents
• San Jose Dog Bites
• San Jose Elder Abuse Cases
• San Jose Pedestrian Accidents
• San Jose Personal Injury Accidents
• San Jose Rental Car Accidents
• San Jose Slip and Fall Accidents
• San Jose Truck Accidents
• San Jose Uber and Lyft Accidents
• San Jose Workers’ Compensation
• San Jose Wrongful Death Claims

Frequently Asked Questions About San Jose Motorcycle Accidents

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

Yes. Under California’s pure comparative negligence rule, motorcycle accident victims can still pursue fair compensation even when partially at fault. However, the insurance company will aggressively try to increase your share of the blame to reduce your payout. Working with a San Jose motorcycle accident attorney is strongly advisable in any shared-fault situation.

Should I accept the insurance company’s first settlement offer?

Typically, no. Insurance companies frequently offer low initial settlements before injured victims fully understand the extent of their injuries or the true value of their motorcycle accident claim. Before accepting any offer, consult a personal injury attorney to assess all current and future medical expenses, lost wages, and non-economic damages like emotional distress and post-traumatic stress disorder.

Do I need to hire a San Jose motorcycle accident attorney?

Not always. Many serious injuries—like traumatic brain, spinal, and internal injuries—may not show symptoms immediately. A skilled lawyer can investigate, find the liable party, collect evidence, handle negotiations, file a personal injury lawsuit if needed, and represent injured riders in court if a fair settlement is not offered.

What are my options if my loved one died in a motorcycle accident?

A wrongful death lawsuit may be available. When a fatal motorcycle accident results, surviving family members may be entitled to file a wrongful death claim against the liable party. This type of personal injury claim seeks damages for funeral expenses, lost future earnings, loss of companionship, and emotional distress. Our San Jose motorcycle accident attorney team handles wrongful death claims with compassion and determination.

Injured in a San Jose Motorcycle Crash? Jeff’s Got You.

Whether suffering severe physical injuries or coping with the emotional distress of the traumatic event, you deserve skilled legal representation from a firm that truly understands the severity of your situation.

At Attorney Jeff Car Accident Lawyer, our experienced motorcycle accident lawyers will fight for a fair settlement and pursue every cent you are owed, such as compensation for medical bills, future medical expenses, lost wages, future earnings, property damage, or pain and suffering.

Contact our award-winning legal team today for your free consultation. We work on a contingency-fee basis, so there are absolutely no legal fees unless we win. Jeff’s got you.

Schedule a Free Consultation with Our San Jose Motorcycle Accident Lawyer

Our personal injury attorney team is ready to 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

Our law firm takes pride in helping injured clients throughout the Bay Area and Northern California rebuild their lives after devastating motorcycle crashes. We’re available 24/7 to answer your questions. Contact us today.

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.

• Bakersfield
• Corona
• Fontana
• Fresno
• Hesperia
• Monterey Park
• Rancho Cucamonga
• Santa Ana
• Tustin
• Van Nuys
• Victorville
• Visalia