With some of the most popular motorcycle routes in the country, California has thousands of active motorcyclists. Unfortunately, San Jose’s motorcyclists are not always safe on the road due to risks presented by careless and reckless motor vehicle drivers.
If you’ve recently been injured in a motorcycle crash in San Jose, the personal injury attorneys at Jacoby & Meyers can help you hold someone accountable for your medical bills, property damage, and more. Discuss your case for free with one of our attorneys at (408) 341-6883.
Why Motorcyclists in San Jose Choose Jacoby & Meyers
- We have been supporting the rights of motorcyclists in California since 1972. We have earned the trust of tens of thousands of clients through our hard work, diligence and dedication.
- Our attorneys have successfully recovered over $2 billion in settlements for our clients, including $11 million for a motorcycle-truck accident that caused paraplegia.
- Our San Jose motorcycle accident lawyers don’t charge anything for their services unless they win the case. You won’t pay us upfront for our exceptional legal representation.
What Types of Financial Compensation Are Available?
A motorcycle accident claim in California has the potential to pay for your past and future medical bills, including any necessary surgeries, physical therapy, rehabilitation and medications. If you suffered a permanent disability, such as brain damage or paralysis, an insurance claim could also pay for long-term or live-in care.
Other compensable losses include your motorcycle repairs or replacement, lost wages, lost future capacity to earn, and wrongful death damages. You may also be eligible for compensation for your pain and suffering. This can include emotional distress, psychological trauma, post-traumatic stress disorder, scarring and disfigurement, and loss of consortium.
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Common Motorcycle Crash Injuries
Motorcycle accident victims are highly exposed and vulnerable to severe injuries in traffic accidents. With little to no protection against impacts, motorcyclists can suffer injuries such as:
- Broken bones in various parts of the body
- Facial, jaw and dental injuries
- Fractures and traumatic brain injuries
- Swelling or bleeding in the brain
- Road rash and permanent scarring or disfigurement
- Abdominal injuries, organ damage and internal bleeding
- Lower extremity injuries
- Upper extremity injuries
- Chest and rib injuries
- Severe spinal cord injuries and permanent paralysis
- Neck and back injuries
- Psychological and emotional injuries
- Wrongful death
A motorcycle accident victim may never be the same after suffering catastrophic injuries in the crash. At Jacoby & Meyers, we work hard to ensure that our clients receive the settlements they deserve.
What Causes Motorcycle Accidents in San Jose?
Motorcycle accidents are almost always preventable and commonly arise from negligence and driver error. Negligence refers to someone who uses less than a reasonable or appropriate amount of care, such as a motor vehicle driver who texts and drives. Top motorcycle crash causes in San Jose include:
- Distracted driving
- Cell phone use behind the wheel
- Speeding or driving too fast for conditions
- Violating traffic laws
- Failing to yield the right-of-way
- Running red lights and stop signs
- Following too closely
- Unsafe passing
- Driving under the influence of drugs or alcohol
- Reckless driving
- Aggressive driving and road rage
- Road and weather conditions
- Defective motorcycle parts
Certain roadway situations are more dangerous for motorcyclists than the average road user. Drivers making left-hand turns, for example, may fail to notice oncoming motorcyclists or misjudge the speed and distance of the bike, resulting in a deadly motorcycle crash.
Who Is Responsible for Paying for a Motorcycle Accident in San Jose?
California is a fault-based car accident state. Under this law, the person who must pay for an automobile accident is the one responsible for causing the crash. When a motorcycle collision occurs, an investigation will be completed to identify who or what caused the accident.
Typically, the liable party is the one that violated a traffic law. An at-fault motorist would have to pay for an injured motorcyclist’s losses using car insurance coverage. All drivers in California are required to carry minimum amounts of bodily injury and property damage liability insurance.
Collecting insurance benefits, however, requires an injured motorcyclist to prove fault. The motorcyclist’s attorney can present key evidence that proves the driver is to blame for the crash, such as witness statements, accident reports, photographs and videos, cell phone records, and expert testimony.
Third-Party Liability for San Jose Motorcycle Accidents
It may be possible to hold someone other than a driver responsible for your motorcycle accident in San Jose, depending on the circumstances. If the crash occurred due to a defective motorcycle part, for example, such as faulty brakes, the manufacturer of the product could be held responsible through a product liability claim.
Another option may be filing a claim against the government for dangerous road defects, such as a pothole, cracked road or dangerous construction zone. Motorcyclists are more vulnerable to road hazards than other motorists, but the San Jose government has a legal responsibility to ensure the safety of its public roads for all users.
What Is the Deadline on a Motorcycle Accident Claim in San Jose?
Two years is the standard amount of time that an injured motorcyclist in San Jose has to file a personal injury claim under California Code of Civil Procedures § 335.1. This law, called the statute of limitations, places a strict deadline of two years from the date of the accident or the victim’s discovery of injuries to pursue a personal injury lawsuit.
A car insurance claim, however, should be filed much sooner; ideally, within 24 to 72 hours of the crash. In addition, claims against the government in San Jose must be filed no later than six months from the date of the accident under the California Tort Claims Act. The best way to protect your rights after a motorcycle accident in San Jose is by contacting an attorney right away.
Speak to an Experienced Motorcycle Accident Lawyer in San Jose | You Deserve Justice
As an injured motorcyclist or the loved one of a deceased crash victim in San Jose, you have legal rights. Let the attorneys at Jacoby & Meyers help you protect them. We know how these cases work and how to secure the best possible results for our clients using tailored legal strategies. We will fight for the justice that you deserve.
Start with a free initial consultation, where you can tell your accident story to an attorney who will listen and give you personalized advice about what to do next. Contact our San Jose office at (408) 341-6883 or send us a message online and we will get back to you as soon as possible.
We are located at Plaza West, 3031 Tisch Way #110, San Jose, CA 95128.