Best Motorcycle Accident Lawyers in San Jose, CA

FAQs

• What is the non-emergency contact number for the local police station in San Jose, California?

  408-277-8911 is the non-emergency contact number of the San Jose police station.

• Where can you get a copy of the police report for the accident in San Jose, California?

  All requests for police records must be made through the Police Department's Open Records Center. If you need any additional details about how to get police records or to check on the status of your request, you can call 408-277-4261.

• What happens to your claim for damages after a motorcycle crash in San Jose if you were not wearing a helmet during the accident?

  Your claim could be harmed if you were not wearing a helmet during a motorcycle accident in San Jose. The court might hold you partially accountable for failing to protect yourself if you received injuries to your head, brain, or face. You may still be entitled to compensation, but the amount of money you can get will be lower.

• How long do you have to file a motorcycle accident claim in San Jose?

  Motorcycle accident victims in California have two years from the date of the accident to bring a personal injury claim. It might appear that two years is plenty of time to file a claim, but gathering information and negotiating with insurance companies require time. To help you with the legal process, it is crucial that you call a San Jose motorcycle accident attorney as soon as possible.

• What types of damages can you recover in a motorcycle accident case in San Jose?

  You can receive compensation for financial losses such as, but not restricted to:

  • Loss of previous wages
  • Loss of future earnings (e.g., salary, bonuses, or commissions)
  • Costs of previous medical care
  • Costs of future medical care
  • Personal financial losses (e.g., household services)
  • Property or motorcycle damage
  • Cost of modifying your home as a result of the injury

• What factors contribute to motorcycle accidents in San Jose?

  Motorcycle accidents in San Jose are typically caused by the following factors:

  • Distracted driving
  • Reckless driving
  • Driverless technology
  • Mechanical defects
  • Large, difficult-to-maneuver commercial trucks Other factors that contribute to motorcycle crashes include tailgating, lane splitting, left turn accidents, and lane switching.

• What types of injuries occur most frequently in motorcycle accidents in San Jose?

  A motorbike collision usually results in quite serious injuries. The rider has limited protection and is abruptly flung onto the road if the motorcycle is struck by a car. The impact with the pavement may cause fatalities or severe injuries. Spinal cord damage, traumatic brain injuries, broken bones, internal wounds, head and neck injuries, and back injuries are some of the most frequent forms of injuries from motorcycle accidents in San Jose. Lacerations and amputations are also on the list.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.