San Jose Motorcycle Accident Lawyer

San Jose Motorcycle Accident Lawyer

Considering the weather and gorgeous scenery throughout California, it is no surprise that there are more than 820,000 registered motorcycle riders in the state. However, this data also sheds some light on a statistic that is more troubling: According to the California Highway Patrol’s Statewide Integrated Traffic Records System, there are more than a dozen fatal motorcycle accidents and almost 450 injury-causing crashes in Santa Clara County every year. Just one look at the size differential between a motorcycle and the average passenger car will tell you who is most vulnerable to serious bodily harm.

Though a motorcycle accident is tragic, you may get some comfort from knowing that you have options for obtaining compensation. Our caring personal injury attorneys at the Solution Now Law Firm will advocate on your behalf throughout the legal process, enabling you to focus on recovery. Please contact us to schedule a free consultation with a dedicated San Jose motorcycle accident lawyer, and check out some important information about your rights.

Motorcycle Crash Cases are Complicated

In a typical motor vehicle accident, you can recover monetary damages if you can prove the responsible motorist caused the collision through a breach of the legal duty to drive safely. Still, there are multiple factors that make these cases more complex from the standpoint of your injuries and legal issues:

  • The design of a motorcycle results in certain inherent dangers for the rider. Besides the difference in size compared to other vehicles, a two-wheeled motorcycle is less stable and more difficult to handle.
  • Because the rider is not protected by a protective barrier, he or she will almost always be ejected from the motorcycle. The secondary impacts of hitting the ground and other objects can lead to catastrophic injuries.
  • Prejudice against motorcycle riders as “daredevils” persists and can possibly affect your claim. This bias may be used against you through allegations that you were partly at fault, which would reduce your compensation under California’s comparative negligence law. 

Legal Remedies for Victims of Motorcycle Collisions

Like other motor vehicle crashes, your first step in the legal process is filing a claim with the responsible driver’s insurer. If you cannot reach a settlement agreement to resolve your claim, you will need to take your case to court. Our team at the Solution Now Law Firm will support you throughout the process, employing our skills to ensure you receive compensation for:

  • Your medical bills;
  • Lost wages and future earning capacity;
  • Pain and suffering;
  • Losses based upon how your motorcycle accident injuries affect your personal relationships;
  • Diminished quality of life; and,
  • Many other damages depending on the details of your case.

California highways would be almost unrecognizable without motorcycles. Even so, people still do not take proper care when sharing the road with bikers.

At Solution Now Law Firm, our San Jose lawyers handle multiple types of legal actions that arise from motorcycle accidents, including personal injury and wrongful death cases. Our attentive motorbike crash attorneys in San Jose  have the experience and knowledge you need to avoid insurance company pitfalls — cynical tactics designed to reduce your claim below what you truly deserve.

Determining Who Is to Blame

Negligence is likely to be the most important aspect of your motorcycle accident lawsuit. California courts determine payment based on the percentage of fault each party has. For example, if someone else is 100% to blame for your injuries, that person pays for 100% of your losses. There are many aspects of fault, including:

  • Inexperienced Riders: Operating a motor vehicle without significant experience is dangerous, and could lead to or exacerbate injuries. We work to demonstrate the true extent of experience so fault is fairly placed.
  • Lack of Protective Equipment: Helmets and other gear often reduce the severity of injuries. However, they do not prevent negligent drivers from injuring bikers. We help our clients get to the truth.
  • Car Door Accidents: Car owners could be liable even if their vehicle is parked. These cases are unique, so please contact us for further information.
  • Aggressive Drivers: No amount of hurry is worth someone else’s life. Our clients often secure more compensation from drivers who speed, tailgate, split lanes or pass on the shoulder.
  • Impaired Drivers: Drug or alcohol intoxication are often a major indicator of fault. So are cell phone use, drowsiness and distraction.
  • Hazardous Weather: Drivers who do not exercise caution in snow, rain and fog could contribute to the severity of motorcycle injuries.
  • Road Conditions: Potholes or cracks could contribute to crashes. Please note that if you intend to pursue damages from the government, you only have six months to do so.
  • Turn Signals: Failure to indicate a lane change or left turn could lead to a lifetime of pain. We work with physical evidence and witness testimony to establish whether lack of signaling contributed to the injuries.

An experienced San Jose motorcycle accident attorney would change their strategy would change depending on the parties and details involved. For example, motorcycle-on-motorcycle crashes often require a different approach to fault than collisions between bikes and cars.

Meet With a San Jose Motorcycle Accidents Attorney To Discuss Your Legal Options

This overview of the legal process may be useful, there are numerous details that make motorcycle crash claims extremely complex. Insurers know that motorcycle crashes lead to more severe, costlier injuries. They often send their most experienced negotiators out as soon as possible to minimize the amount they have to pay. We have seen every strategy they use, and we are ready to defend you and your family.

Contact a San Jose motorcycle accident lawyer as soon as possible for a free consultation. We fight for the fair compensation you need to recover from all of your injuries.

Solution Now Law Firm

Solution Now Law Firm N/a
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SAN JOSE, CA 95126
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