San Jose Motorcycle Accident Lawyers
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Understand Your Legal Options With Our San Jose Motorcycle Accident Lawyers
Motorcycle accidents can result in severe injuries and permanent disabilities. Injured victims may struggle with high medical bills or be unable to work. Many of these crashes occur due to driver errors and negligence. If you were injured in such an accident, call (888) 4588-1391. Our San Jose motorcycle accident lawyers can assess your case and explore your legal options. Discuss your situation with us in a free, no-obligation initial consultation.
Motorcycles provide far less protection than cars or trucks. Without a sturdy frame, seatbelts, or airbags, riders often bear the full impact during a crash. This is why motorcycle collisions usually result in serious injuries.
Navigating the legal system after a crash may feel overwhelming while you’re trying to heal from your injuries. Insurance claims, deadlines, and local traffic laws make the process even more complicated. Arash Law can help you throughout the process.
What Can Motorcycle Accident Attorneys In San Jose Do For You
San Jose’s roads often have heavy traffic. Busy areas include Stevens Creek Boulevard, Santa Clara Street, and highways such as US-101, I-280, and Highway 87. With so many vehicles on the road, even small mistakes can lead to serious accidents for motorcyclists.
Motorcycle accident claims often involve different legal considerations than standard car accidents. If you’ve been involved in a motorcycle crash, you might wonder, “Do I need a personal injury lawyer to work on my case?” While you focus on recovery, San Jose motorcycle accident lawyers can assist with the legal process.
Here’s how they can help:
- Explain Your Rights — A skilled attorney can explain your legal rights and California’s motorcycle laws in simple terms. They can answer any questions you might have concerning your case so you can make informed decisions later on.
- Conduct a Thorough Investigation — Lawyers collect and analyze proof. Common evidence includes police reports, witness statements, traffic camera footage, and medical records. They also collaborate with private investigators and accident reconstruction experts to clarify how the crash occurred.
- Assess the Value of Your Potential Claim — Attorneys are experienced in evaluating the impact of the accident. They will consider your medical expenses, lost income, future care needs, and intangible losses such as pain and suffering.
- Negotiate Settlements — Lawyers review damages, gather supporting evidence, and negotiate with insurers to pursue compensation that reflects your losses.
- Manage Legal Deadlines — Lawyers track applicable timelines under California law for filing claims and lawsuits. This can help you prevent complications related to missed deadlines.
- Represent Clients in Court — If a fair settlement cannot be reached, attorneys can prepare your case for trial and present it before a judge or jury.
Settlement on the first day of trial against governmental entity for dangerous construction conditions on a local street that caused a motorcycle accident – largest motorcycle settlement in Los Angeles for 2019 – client suffered shoulder injuries.– JUDD ROSS ALLEN
Deadline For Filing A Motorcycle Accident Lawsuit
California law gives injured victims two years to file a personal injury claim. This deadline, known as the statute of limitations, starts from the accident date or when the injury is reasonably discovered or should have been discovered.
Here are the other deadlines that may apply to motorcycle accident lawsuits:
- Claims Against Government Entities — If the crash involved a city, county, or state vehicle, such as a bus or public works truck, you typically must file a claim within six months of the accident before pursuing a lawsuit.
- Property Damage Only — If you are only seeking compensation for damage to your motorcycle or gear, you generally have three years from the accident date to file.
- Wrongful Death Claims — If a loved one passed away in a motorcycle crash, eligible family members usually have two years from the date of death to file a wrongful death lawsuit.
Missing this deadline can mean losing the right to seek compensation. Since deadlines can vary depending on the circumstances of your case, it’s advisable to seek legal guidance. A San Jose motorcycle accident lawyer can review your case and explain which deadline is applicable to your case.
Why Hire Our San Jose Motorcycle Accident Lawyers
After a motorcycle accident, having a skilled legal team by your side can be advantageous. At Arash Law, we understand the unique risks riders face and the challenges that can arise when proving fault. Our lawyers offer legal guidance tailored to each situation.
Our San Jose motorcycle accident attorneys aim to bring the following in the cases they handle:
- Familiarity With California’s Legal System — Our attorneys have represented clients across the state. They are knowledgeable about California laws, local courts, and procedures.
- Thorough Case Evaluation — We review each case carefully, examining evidence to identify potential sources of compensation. We take into account medical expenses, lost wages, and other damages.
- Client-Focused Approach — Our lawyers take the time to understand each situation and maintain clear communication with clients.
- Experience With Motorcycle Cases — With years of combined experience handling motorcycle accidents, our team understands the challenges riders often face and the laws that may affect their claims.
- Personalized Legal Strategy — Every motorcycle accident case is unique. We customize our strategies to address the specific needs of each claim.
- Commitment to Advocacy — Our lawyers are dedicated to protecting the rights of injured riders. Our aim is to hold negligent parties accountable through the legal process.
Frequently Asked Questions About Motorcycle Accidents In San Jose
Motorcycle crash victims may have questions about their rights, the claims process, and what steps to take next. Below are answers to some of the most common questions individuals ask after an accident. If you have case-specific questions, you can reach out to our motorcycle accident lawyers in San Jose.
What Does Hiring A Motorcycle Accident Lawyer In San Jose Cost?
The cost of hiring a motorcycle accident lawyer in San Jose can vary depending on several factors. While it’s difficult to provide an exact fee without reviewing your case, these common considerations can affect the overall cost:
- Severity of injuries.
- Complexity of the case.
- Experience of the lawyer.
- Administrative and litigation costs.
Our San Jose motorcycle accident lawyers also work on a contingency fee basis, meaning clients do not owe legal fees unless compensation is obtained. However, there may still be other case-related expenses, depending on your situation. Our lawyers will explain these potential costs during your free initial consultation so you know what to expect.
How Much Compensation Can I Pursue In A Motorcycle Accident Claim?
The compensation available after a motorcycle crash in San Jose depends on the facts of your case. The purpose of the law is to address the losses caused by the accident. Recoverable amounts generally include measurable damages such as medical expenses, lost income, and property damage.
Some losses, such as pain, emotional suffering, or loss of enjoyment of life, are harder to measure and prove. Our lawyers who handle motorcycle accident cases in San Jose can help document these damages. They can help you gather evidence and explain the types of compensation you may pursue under California law.
Should I Speak With The Insurance Companies After A Motorcycle Crash?
It is generally recommended not to speak directly with the at-fault party’s insurance adjuster. Statements about the accident, even casual ones, could be used to lower the value of your claim. A personal injury attorney can handle communication with insurance companies on your behalf. They can help protect your rights and present your statements and evidence appropriately.
Can I Pursue A Personal Injury Claim As An Undocumented Immigrant?
Undocumented immigrants in San Jose can legally file personal injury claims. California law protects anyone injured due to someone else’s negligence, regardless of immigration status. Anything you share with a lawyer is confidential. Your immigration status cannot be reported to authorities.
The law also prevents a victim’s legal status from being used as evidence in personal injury or wrongful death cases. Lost income calculations consider what the victim could have earned in the U.S., not abroad. Non-citizens in San Jose have the same right to hire a motorcycle accident lawyer and seek compensation as any other victim.
Can I Still Pursue Compensation If I Wasn’t Wearing A DOT-Approved Helmet During A Crash?
Yes, you may still be able to pursue compensation even if you weren’t wearing a DOT-approved helmet. California law does not automatically bar injured motorcyclists from seeking damages for injuries just because they were not wearing a helmet.
However, not wearing a helmet could affect the amount of compensation you receive. Insurance companies or courts may reduce damages based on your own role in contributing to your injuries.
A San Jose motorcycle accident attorney can review your situation. They can assess how helmet use might impact your claim while pursuing damages you may be eligible for under the law.
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How Our Lawyers Prove Liability In Motorcycle Accident Cases
To pursue a personal injury claim after a motorcycle crash, you must show that someone else’s actions or negligence caused the accident. Negligence occurs when a person fails to act with the care a reasonable person would, resulting in harm.
Negligence in motorcycle accident cases is typically established using these four key elements:
- Duty of Care — Every driver must act with reasonable care to avoid harming others on the road. For example, a driver must always stay alert and maintain their lane.
- Breach of Duty — The driver fails to meet this obligation when they act recklessly or carelessly. For instance, a sleepy driver who decides to get behind the wheel has already breached their duty of care.
- Causation — The breach must directly cause the accident. In this case, if a driver’s unsafe lane change led to a collision with a motorcyclist, the driver’s actions are the direct cause of the crash.
- Damages — The accident resulted in losses for the victim. The motorcyclist may sustain broken bones, face medical bills, and experience psychological distress. These damages form the basis for compensation.
Proving these elements often requires strong evidence, such as accident reports, witness statements, and insights from expert witnesses. Our San Jose motorcycle accident lawyers can help build your case and evaluate liability.
Types Of Damages Motorcycle Accident Victims Can Pursue
The damages you can seek in a motorcycle accident claim depend on the specifics of the accident, injury severity, and other factors. Consulting with a motorcycle accident attorney in San Jose can help you identify potential damages you can pursue in your claim.
Common types of compensable losses include:
- Economic Damages — These damages are intended to cover the financial losses from a motorcycle accident. These typically include the following:
- Medical expenses for injuries. Treatments such as chiropractic care and physical rehabilitation may also be included.
- Lost wages for time missed from work due to accident-related injuries.
- Loss of future earning potential if injuries result in permanent disability.
- Property damage to repair or replace your motorcycle and other belongings affected by the crash.
- Non-Economic Damages — These damages account for a motorcycle accident’s physical and emotional impact. They usually include:
- Physical pain and suffering.
- Emotional distress, anxiety, depression, or PTSD.
- Loss of companionship, support, or intimacy with family members.
- Permanent scarring or disfigurement.
- Reduced ability to enjoy daily life, hobbies, or other activities.
- Punitive Damages — In extreme recklessness, such as driving under the influence or fleeing the scene, punitive damages may be awarded by the court. This aims to punish the wrongdoer and discourage similar conduct.
Wrongful Death Claims In Motorcycle Accidents
If a motorcycle accident leads to death, California law allows certain family members to file a wrongful death lawsuit. Eligible parties include:
- The deceased’s domestic partner
- The surviving spouse
- The deceased’s children
- Anyone entitled to the deceased’s estate under intestate succession
Wrongful deaths can cause significant emotional and financial hardships. Survivors may seek compensation for:
- Funeral and burial costs
- Medical expenses incurred before death
- Loss of parental guidance
- Loss of love and companionship
With the help of motorcycle accident lawyers in San Jose, you can determine if you qualify to file a wrongful death claim. A lawyer can also guide you through the legal process and help you seek potential compensation.
What To Do After A Motorcycle Accident
After a motorcycle accident, there are several steps you can take to protect yourself and your potential claim. These actions are not legally required, but they can help support your claim and protect your health.
- Prioritize Your Health and Safety — Call 911 even if you are not seriously injured. Avoid moving if you suspect a head, neck, or back injury unless it is necessary. Even if you feel fine, see a doctor as soon as possible. Some injuries, like internal bleeding, may not be apparent right away. Prompt medical care also creates an essential record of your injuries.
- File a Police Report — Submit a police report that documents the accident and includes the officer’s initial assessment of fault. Be sure to get a copy, as it can help support your claim.
Collect Information — Compile photos and videos of your injuries, vehicle damage, road conditions, and traffic signs, and save them in a single folder. Include details about the weather and note any nearby surveillance cameras that might have recorded the accident.
Gather all available information from the scene and organize it carefully. Include:
- Names and contact details of all parties involved.
- Vehicle details, including license plate numbers, color, model, year, and VIN.
- Insurance information of the other party.
- Witness names and contact information.
- Name of the responding officer.
- Be Careful What You Say — Anything you say on record can be used against you. Having a lawyer handle all communications with insurance companies and other parties involved can prevent missteps from happening.
- Contact a Personal Injury Lawyer — Consider reaching out to a San Jose motorcycle accident lawyer after the crash. They are familiar with the specific issues that can arise in these cases and can guide you through the claims process.
Auto v. Motorcycle – At first glance, the evidence seemed to be unfavorable to our severely injured client. The police report had placed him at fault for the crash. He was alleged to have been under the influence and speeding on his motorcycle. And he lacked motorcycle insurance subjecting him to California’s Prop 213, barring him from recovering damages for pain and suffering. Benny and his team, however, were able to prove that the truck driver violated his training and his company’s policies and procedures and made an exceptionally dangerous turn that contributed to the collision. Had the turn been made safely, the crash would not have occurred.– BENNY KHORSANDI
Motorcycle Accident Statistics
Motorcycles make up only 3% of registered vehicles in the U.S. They account for just 0.6% of all miles driven. However, motorcyclists represented 15.5% of traffic fatalities in 2023. They also accounted for 3.4% of all traffic injuries that year. According to the National Highway Traffic Safety Administration (NHTSA), they were 28 times more likely to die in a crash and five times more likely to be injured.
Motorcycle crashes continue to be a major traffic safety issue in California. In 2023, 583 motorcyclists died on the state’s roads. This is a 10.2% decrease from 649 deaths in 2022. However, it is nearly 19% higher than the 491 deaths in 2019.
With risks this high, motorcycle accident cases often involve serious injuries and complex claims. Car accident lawyers, who also handle motorcycle accident cases, can review the circumstances of a crash. They can explain your legal options and guide you as you pursue potential compensation.
Consult Arash Law’s San Jose Motorcycle Accident Lawyers
If you were injured in a motorcycle crash, our San Jose motorcycle accident lawyers can guide you through the legal process while you focus on healing from your injuries. Our team can review your situation, explain your options, and help you understand whether you have a viable claim.
In addition to motorcycle accidents, we handle a wide range of personal injury cases, including:
- Car accidents
- Truck collisions
- Pedestrian incidents
- Hit-and-run accidents
- Dog bites
- Brain injuries
- DUI-related accidents
- Slip-and-fall incidents
- Rideshare accidents involving Uber & Lyft
To learn more about your rights, you can complete our “Do I Have A Case?” form or call (888) 488-1391 to schedule a free initial consultation. During this meeting, you’ll have the opportunity to discuss the details of your case with one of our attorneys and learn about potential legal options that may be available to you.
Our injury law firm also serves clients in the areas of Santa Clara, Milpitas, Campbell, Cupertino, Saratoga, Los Gatos, Mountain View, Sunnyvale, Palo Alto, Fremont, Redwood City, Morgan Hill, and Gilroy.
