San Jose Motorcycle Accident Lawyer

San Jose, the Bay Area, and the North Bay offer some of the most picturesque urban areas in California and throughout the United States. It is therefore unsurprising that so many motorcycle enthusiasts flock to ride in these areas of Northern California. Unfortunately, a combination of congested roadways, foggy conditions, an underfunded infrastructure system, and a host of other hazards may lead a picturesque ride to end in disaster. If you have recently been injured in a motorcycle accident, know that you may have opportunities to pursue compensation even if you were partially at fault for the cause of your accident. Do not dismiss the idea that you may be entitled to compensation for your injuries, lost wages and other financial losses until you have scheduled a free consultation with our experienced legal team and received a personalized, objective case analysis.

California has some of the most liberal laws in the nation when it comes to motorcycle riding. Although the state requires riders to wear helmets when they operate their vehicles, it is also the only state in the union that explicitly permits lane-splitting. Unfortunately, however, the liberal approach that state laws take in an attempt to accommodate the unique needs of motorcycle riders is not always reflected in the ways in which that drivers treat them. Calls to “Share the Road” are too often unheeded. If another’s reckless, negligent, or intentionally dangerous actions or inactions have caused you injury, know that you’re not alone and know that the law is on your side. Our experienced legal team has extensive experience representing the interests of motorcycle riders and it would be our honor to clarify your rights and options for you in a no-risk, confidential, and no-cost consultation setting.

Aggressive Advocacy on Behalf of Motorcycle Accident Victims

Some injured riders are hesitant to speak with such an attorney in the wake of an accident they are under the impression that they either cannot obtain the compensation to which they are entitled or that the law discriminates against motorcycle riders. These are common misconceptions. However, they are most often not grounded in reality. Our experienced legal team treats the representation of injury victims with the utmost seriousness of purpose.

Should you choose to work with our firm, we will aggressively pursue your interests when negotiating with insurance representatives and/or filing legal action on your behalf. At all times, you and your case will be treated with the respect and attention that you and your case deserve. If you are entitled to compensation under the law, know that we will employ our focused, client-driven, and time-tested approach to efficient and effective representation until we secure the best possible outcome, under the circumstances, on your behalf.

Common Causes of Motorcycle Accidents

More than 800,000 motorcycles are registered in California. The next most “popular” state for motorcycle registration is Florida, which only has 550,000 registered bikes. There is no mystery as to why riding motorcycles is such a common practice in California. Between the temperate climate and the dynamic scenery, it is nearly impossible to become bored while riding a motorcycle in California. Unfortunately, however, riding isn’t always a safe pastime. Each year, tens of thousands of American motorcycle enthusiasts are non-fatally injured in crashes, while hundreds are fatally injured as they venture out for “a ride.” Before our firm can determine whether you have grounds to hold another party legally liable for the crash that caused your injuries, we must determine exactly why your collision occurred. Only after we understand the “why” of your accident can we discover who (or what) was at fault for the causation of your crash. Some of the most common causes of California motorcycle crashes include:
Unfortunately, motorists in parked cars don’t always check their mirrors before swinging their doors open wide. When motorcycle riders collide with the open doors of parked vehicles, resulting injuries can be significant.
Failure to Use Turn Signals
It is startling just how often vehicle operators fail to signal before they turn, despite the fact that using turn signals is one of the easiest ways to prevent accidents.
Drowsy driving accidents have been traditionally associated with crashes involving large commercial trucks. However, as fatigued driving in the trucking industry has become increasingly regulated, drowsy motorists have arguably become a more pressing safety hazard
Hazardous Road Conditions
When ill-maintained roads contribute to the cause of a crash, those responsible for maintaining a given road’s safety may be held legally accountable for their inadequate approach. However, when accidents occur as a result of poor visibility caused by wildfires, slick surfaces inspired by rain, etc., it is not ordinarily possible to hold anyone legally liable for the resulting harm
Impaired Driving
Operating a motorized vehicle while unlawfully impaired by alcohol, illicit drugs, and even prescription drugs is a behavior nearly everyone understands can lead to increased accident rates
California law explicitly permits motorcycle riders to lane-split, provided that they adhere to basic safety restrictions (such as avoiding lane sharing with large trucks and motorhomes). However, lane-splitting at speeds that exceed 30 mph or in ways that are otherwise unsafe can lead to accidents in which the rider may be considered to blame or partially to blame
Left-Hand Turn Accidents
Statistics suggest that four out of every 10 motorcycle accidents that involve both a bike and a car are caused by left-hand turn issues. Essentially, a motorist attempts to turn left while the rider is trying to pass, move through an intersection, or overtake the car and the two vehicles collide
Motorcycle or Auto Defects
Many accident victims are unaware of the role that defective auto or motorcycle parts play in a given crash until their accident has been thoroughly investigated – this issue is one of the primary reasons why everyone, even those who believe that they are wholly to blame for their collisions, should seek legal guidance before dismissing the idea that they might have cause for legal action
Posted speed limits are not the sole litmus test of whether a vehicle is speeding unlawfully; driving too fast to remain safe given weather, road, and other conditions is also considered to be unlawful speeding as well
Sudden Stops
When vehicle operators fail to leave adequate space between one another (tailgating), sudden stops can serve as potentially unavoidable catalysts for accidents
Unsafe Lane Changes and Merging Challenges
Motorcycles are harder to see than cars and trucks are. If both riders and motorists aren’t careful when merging and changing lanes, tragedy can strike in an instant

Am I Eligible to File a Personal Injury Claim?

Personal injury claims are only successful if the victim can prove that one or more named defendants behaved in ways that were negligent, reckless, or intentionally dangerous as defined by law and that those actions or inactions served as a substantial factor in the causation of the collision that directly resulted in the victim’s injuries. This seems like a straightforward formula, however it is legally nuanced and must be applied specifically to each victim’s situation uniquely. As a result, it can be difficult to determine whether you have strong grounds upon which to file a successful personal injury claim until you have spoken with an experienced attorney who understands how this formula is applied to an individual victim’s circumstances. This is why our firm chooses to offer free consultations to all injury victims with no strings attached to this opportunity.

We believe that having the law on your side doesn’t do you much good if you’re unsure of whether that law applies to you. Therefore, we invite all injury victims, regardless of circumstance, to attend a consultation at no cost. Once our legal team has learned about your unique situation, we’ll be able to provide you with an objective case analysis regarding your rights and legal options. At that point, you’ll be knowledgeable about the ways in which this standard applies to your unique circumstances so that you can make an informed decisions about how you’d like to proceed.

How Is Fault Determined After a Motorcycle Crash?

Once the cause(s) of a crash has been determined definitively, strategic legal focus shifts to the issue of fault. Say that the causes of your crash were a motorist’s failure to signal, the fact that they were texting-while-driving, and the fact that you were following the motorist a few feet closer than you should have been. In order to determine who, if anyone, may be held legally responsible for the harm resulting from the crash, fault must be portioned objectively. In this scenario, both the failure to signal and the distracted driving behavior were the fault of the other motorist involved in the accident. The relatively modest tailgating issue was your fault. Now what?

California is a comparative negligence state. Meaning, that unlike the approach taken by states which embrace a contributory theory of negligence, accident victims in California are permitted to seek compensation proportionally to the percentage of fault attributed to other negligent, reckless, or intentionally dangerous conduct on the part of those who may be held legally liable for their actions or inactions. Continuing with the example noted above, say that it is determined that your tailgating behavior resulted in 15 percent of the fault for the crash. Your case is valued at $100,000 in harm due to your injuries. As a result of California’s comparative negligence approach, you can still seek up to $85,000 in compensation from the driver who is 85 percent at fault for the accident. This is one of the many reasons why you should schedule a free consultation with our legal team as soon as you can. California’s liberal approach to protecting the financial interests of accident victims means that you may be entitled to far more compensation than you might think.

Note that due to California’s “universal helmet law,” if you weren’t wearing a helmet at the time of your crash and your head and/or neck sustained injury in the crash that could have been prevented by helmet use, you may be considered partly to blame for the harm you have suffered accordingly.

Contact Our Firm Today for a Free Case Evaluation

No law firm can guarantee results. However, when you work with our firm, you’ll benefit from the knowledge that you’re working with a team dedicated to “getting the job done right,” as efficiently as possible, while never sacrificing the highest level of quality in all the services we provide.

If you have yet to schedule a confidential, risk-free, no-cost consultation with our legal team, please do so today. By investing an hour or two of your time, you could ultimately benefit from seeing justice done and obtaining any significant amount of compensation to which you may be entitled. We will never pressure you to take any particular course of action. We will simply provide personalized legal guidance so that you can make whatever decision makes the most sense for you and your family. We look forward to meeting with you.

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