San Jose Motorcycle Accident Lawyer

Why should you hire a motorcycle accident lawyer for your case? Hiring a personal injury lawyer to handle your motorcycle accident claim can help make the claims process more manageable. With a legal expert to establish fault, assess the damages you suffered, handle communications with insurers and other parties involved, and fight your legal battle alongside you, you can focus more on your recovery without worrying about overlooking important steps or being pressured by insurers to settle for less than fair compensation. Whether you need a motorcycle accident lawyer depends on the circumstances of your case and whether you need legal assistance with handling the claims process. For more complex claims, disputed liability, serious injuries, or challenges with insurance companies, having an experienced lawyer can help protect your rights and interests.

Motorcycle accidents can leave riders especially vulnerable to serious injuries because, unlike occupants of passenger vehicles, motorcyclists have less physical protection when a crash occurs. According to the California Office of Traffic Safety, San Jose recorded 69 motorcycle victims killed and injured in 2023. When a motorcycle is involved in a crash, the rider can suffer serious injuries from the direct impact, which can lead to medical expenses, lost income, and other physical, financial, and personal losses.

At Jacoby & Meyers, we understand how deeply a motorcycle crash can affect victims and their families. Our San Jose motorcycle accident lawyers are prepared to guide you through the claims process, protect your rights, and fight for fair compensation.

• Our firm has been serving injury clients since 1972 and has recovered more than $2 billion in verdicts and settlements for our clients.
• For over 50 years, we have continued to earn our clients’ trust through our consistent dedication to advocacy, as reflected in their testimonials.
• Our attorneys are recognized through awards and affiliations with reputable legal organizations for their work in personal injury and motor vehicle accident cases.
• We are available 24/7 to answer your questions and schedule a free consultation.

When your motorcycle crash happens in San Jose, you can turn to our San Jose motorcycle accident lawyers for guidance on your legal options and the next steps in pursuing your claim.

Past results and testimonials are based on the specific facts and circumstances of each case. They do not guarantee, warrant, or predict similar outcomes.

What Our Clients Have To Say

What to do after a San Jose motorcycle accident?

After a motorcycle crash in San Jose, assess yourself first for injuries, call for help, move to a safe location while waiting for responders, and, if you can, collect photo evidence and witness information. These actions can be important for your health, recovery, and ability to pursue a claim.

• Call 911 for emergency services and let the dispatcher know about any injuries or immediate dangers at the scene so they can alert the appropriate authority, such as the San Jose Police Department or the California Highway Patrol, depending on where the accident occurred.
• Move to a safe location if you are physically able to do so without worsening your injuries, especially if you are in an active traffic lane or another dangerous area.
• Seek medical attention from responding emergency personnel and get a thorough medical evaluation, even if your injuries do not initially seem serious.
• Report the accident to the responding law enforcement agency and ask for the report number and information on how to obtain a copy.
• Take photos and videos of your injuries, motorcycle damage, the position of the vehicles, road conditions, traffic signs or signals, and other details that may help document what happened.
• Collect witnesses’ names and contact information, or ask someone you trust to do so if you are unable. Their statements may help clarify the circumstances of the crash.
• Exchange information with the other driver, including their name, contact information, driver’s license number, license plate number, and insurance information, when you are physically able to do so.

Taking these steps can be difficult to remember immediately after a motorcycle crash, especially when you are injured. If you are unable to gather evidence yourself, someone you trust may be able to help preserve important information while you focus on getting medical care.

What are the challenges that come after a motorcycle accident in San Jose?

Riders are often faced with extensive medical treatment and the need to process a motorcycle accident claim after a serious crash leaves them injured. These challenges can involve deadlines to follow, documents to prepare, evidence to gather, and insurance companies to deal with while they are still trying to recover.

• Waiting for the accident report to become available, which can take days or weeks depending on which authority is handling the case, such as the San Jose Police Department, the Santa Clara County Sheriff’s Office, or the California Highway Patrol.
• Managing hospitalization and ongoing medical treatment, including back-and-forth travel to medical facilities like the Regional Medical Center of San Jose and Santa Clara Valley Medical Center for continuous medical treatment.
• Having to submit an SR-1 form to the California Department of Motor Vehicles within 10 days of the accident, which can be difficult when the victim is still occupied with recovering from their injuries.
• Dealing with insurance companies that may try to settle the claim early, before the full extent of the medical bills, financial losses, and overall impact of the accident has become clear.
• Gathering and preserving evidence from the crash, including photographs, witness information, motorcycle damage, road conditions, and other details that may become important when liability or the value of the claim is disputed.

Understanding what may follow after a motorcycle accident can help you prepare for the claims process and take steps to protect your health and legal rights.

What are the most common injuries in motorcycle accident cases?

Motorcycles do not offer the same protection as enclosed vehicles, making riders more vulnerable to serious injuries such as spinal cord injuries, broken bones, severe road rash, lacerations, and head injuries. According to the National Highway Traffic Safety Administration, motorcyclists in 2024 were almost 27 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and almost five times more likely to be injured.

These risks can be particularly concerning along major roadways in San Jose, including Interstate 280, State Route 87, and U.S. Highway 101, where motorcycle riders share the road with high volumes of vehicle traffic.

• Spinal Cord Injuries: Riders can suffer spinal damage when they are thrown from their motorcycles or struck by another vehicle, potentially resulting in chronic pain, limited mobility, or partial or permanent paralysis.
• Traumatic Brain Injuries: Even when wearing a helmet, riders can suffer brain injuries from the force of a collision or a direct impact to the head.
• Internal Injuries and Bleeding: The force of a crash can damage internal organs or cause internal bleeding that may not be immediately noticeable and may require emergency treatment.
• Broken Bones and Fractures: Riders can suffer fractures to the arms, legs, ribs, pelvis, and other parts of the body after being thrown from the motorcycle or struck during a crash.
• Road Rash: Sliding across pavement can cause severe abrasions that damage multiple layers of skin and may result in infection, scarring, or nerve damage.
• Lacerations: Contact with the pavement, other vehicles, broken glass, or motorcycle components can cause deep cuts and wounds that may result in scarring or disfigurement.
• Facial Injuries and Disfigurement: A rider’s face may suffer fractures, dental injuries, scarring, or other damage from direct impact with the roadway, another vehicle, or motorcycle components.
• Amputations: Severe motorcycle crashes can cause traumatic limb injuries that may require surgical amputation and extensive rehabilitation.

What are the common causes of motorcycle accidents in San Jose?

San Jose’s busy roads and congested traffic can create challenging conditions for motorcycle riders, particularly when speeding, impaired driving, or other unsafe driving behaviors are involved. According to the California Office of Traffic Safety, San Jose recorded 642 speed-related fatal and injury collisions in 2023, along with 406 nighttime collisions and 318 hit-and-run collisions.

Some common causes of motorcycle accidents in San Jose include:

• Speeding: Traveling at excessive speeds can reduce a driver’s reaction time and make it more difficult to see or safely respond to a motorcycle, increasing the severity of a collision when one occurs.
• Dooring: A driver or passenger opening a vehicle door into the path of an approaching motorcycle can cause the rider to collide with the door or swerve into traffic to avoid it.
• Following Too Closely: Drivers who follow motorcycles too closely may not have enough time to stop when the rider slows down, or traffic conditions suddenly change.
• Unsafe Lane Changes and Turns: Drivers who fail to check their blind spots or yield before changing lanes or turning may collide with motorcycles traveling nearby.
• Distracted Driving: Looking at a phone, adjusting controls, or engaging in other distractions can prevent drivers from noticing motorcycles around them.
• Impaired Driving: Alcohol or drugs can affect a driver’s judgment, reaction time, and ability to safely share the road with motorcycles.

Who may be liable for a motorcycle accident in San Jose?

 Motorcycle accidents can happen due to different factors and circumstances created by the actions of drivers, other riders, vehicle manufacturers, government agencies responsible for the construction and maintenance of public roads and highways, and others who may be held liable for the accident. Under California Civil Code § 1714, a party may be held liable for damages suffered by a victim if their negligent actions contributed to the accident.

Possible liable parties may include:

• Drivers and other riders – If the accident was caused by their negligent actions, such as speeding, unsafe lane changes, failure to yield the right of way, or other traffic violations.
• Other road users – Pedestrians, bicyclists, and other road users may be held liable if their actions or negligence contributed to the crash.
• Companies and Employers – When the driver, rider, or other road user who caused the accident was performing work-related duties, their employer or company may also be held liable when its own negligence or legal responsibility contributed to the accident.
• Vehicle manufacturers –  If a defective vehicle or motorcycle part contributed to the accident, the manufacturer may potentially be held liable under applicable product liability laws.
• Vehicle maintenance provider – A maintenance or repair provider may potentially be held liable if negligent or improper maintenance or repairs contributed to the crash.
• Government agencies –  A government entity may potentially be held liable when a dangerous condition of a public road or highway, or the negligence of a government employee, contributed to the accident, subject to applicable government liability laws and claim requirements.

Our Personal Injury Case Results

Our personal injury attorneys have recovered over $2 billion in settlements on behalf of local accident victims in San Francisco and throughout the Bay Area. Some of our personal injury case results include:

Past results depend on the specific facts of each case and do not guarantee a similar outcome. Amounts listed are gross recoveries before attorney fees and costs.

Legal Tip from Our Attorneys

California follows a pure comparative fault system, meaning that in a multiple-party accident, a victim may pursue compensation from parties whose actions contributed to the accident based on their respective share of responsibility. At the same time, the victim’s own negligence may reduce the amount of damages they can recover according to their percentage of fault. Because of this, it is important to have an attorney evaluate the circumstances of the crash, including helmet use, the actions of the other parties, and how the injuries occurred.

What are the damages you may be able to recover after a motorcycle accident?

When a motorcycle accident leaves your vehicle wrecked and your body seriously injured, you may file a motorcycle accident claim to seek compensation for medical expenses, repair or replacement of personal belongings damaged in the crash, lost income, the mental and psychological impact of your injuries, and other damages that affect your overall quality of life.

These recoverable damages under California Civil Code §§ 3281–3294 cover economic, non-economic, and, in some cases, punitive damages.

Economic Damages

These are financial losses that victims may seek compensation for, including:

• Past, current, and future medical expenses related to injuries suffered in the accident.
• Loss of income due to time away from work while recovering from injuries.
• Reduced earning capacity when permanent injuries affect the ability to work or earn the same income.
• Property damage, such as the cost of repairing or replacing a motorcycle and other personal property damaged in the crash.

Non-Economic Damages

Non-economic damages account for losses related to the physical, emotional, and psychological effects of the accident and injuries sustained, such as:

• Pain and suffering caused by the physical injuries and recovery process.
• Emotional distress resulting from the accident and its psychological effects.
• Loss of enjoyment of life when injuries prevent you from participating in activities you previously enjoyed.
• Permanent disability or disfigurement and its impact on your daily life and well-being.
• Scarring resulting from road rash, burns, lacerations, or other motorcycle accident injuries.
• Loss of consortium when qualifying injuries affect the relationship between spouses.

Punitive Damages

Punitive damages or exemplary damages are different from economic and non-economic damages because they are intended to punish a defendant and deter similar conduct rather than compensate the victim for a specific loss. Under California Civil Code § 3294, punitive damages may be available when the defendant’s conduct is extremely negligent or with clear intentions to cause harm.

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

San Jose motorcycle accident claims are generally subject to California’s statute of limitations under California Code of Civil Procedure § 335.1, which generally gives victims two years from the date of the accident to file a claim for their injuries. When the claim is against a government agency, a government claim generally must be filed within six months of the accident.

These deadlines are strict, and missing them can affect your ability to pursue compensation. However, exceptions may apply depending on the circumstances of your case. Starting the process early can give you enough time to gather evidence, complete required documents, and address other legal requirements.

If you are unsure which deadline applies to your case, a motorcycle accident lawyer can help you understand the applicable deadlines and guide you through the claims process.

Pitfall Alert: What if you were not able to report the accident immediately?

If you were unable to report the motorcycle accident immediately because of your injuries or another emergency, you should report the accident as soon as you are able to do so. A delay does not necessarily prevent you from pursuing a claim, but it can make it harder to document what happened, preserve evidence, and establish important details about the crash.

If possible, keep records explaining why the accident could not be reported immediately and preserve any available evidence, such as medical records, photographs, witness information, or other documentation from the scene. An experienced motorcycle accident attorney can also help you understand what reporting requirements apply to your situation and what steps you can still take to document the accident.

Why do you need a motorcycle accident attorney in San Jose?

You may need a San Jose motorcycle accident lawyer after a motorcycle crash because serious injuries and other damages can affect your ability to ride again, return to the life you had before the accident, achieve future career goals, and enjoy other aspects of your life. An experienced legal professional can help fight for your rights and pursue fair compensation for the losses you suffered.

Opponent Playbook

Personal injury lawyers regularly deal with insurance companies when negotiating and resolving motorcycle accident claims. They are familiar with the strategies and tactics insurers may use to protect their financial interests and minimize the compensation they pay.

Common insurance tactics include:

• Disputing liability for the accident or arguing that their policyholder was not responsible.
• Shifting blame onto the victim to reduce their client’s share of responsibility and the compensation available under California’s comparative fault rules.
• Pressuring victims to settle early before the full extent of their injuries and losses is known.
• Delaying the claims process while investigating the accident or requesting additional information.
• Questioning the severity of injuries or arguing that some injuries were caused by pre-existing or underlying conditions rather than the motorcycle accident.

With an experienced motorcycle accident lawyer, you have someone who understands these challenges and can take steps to strengthen your case and respond to the tactics used by the opposing party.

• Establishing liability and evaluating the value of your claim through a thorough investigation and preservation of evidence.
• Handling communications and negotiations with insurance companies so you do not have to deal with unnecessary pressure or resistance while recovering.
• Identifying all potentially liable parties when the accident may involve another driver, employer, vehicle manufacturer, maintenance provider, or other responsible party.
• Handling required documents and deadlines so important steps in the claims process are not overlooked while you focus on your recovery.
• Preparing your case for trial from the beginning so the opposing party knows your legal team is prepared to fight for a fair resolution, even if the case eventually reaches court.

What does a San Jose motorcycle accident claim process look like?

After being injured in a motorcycle accident, filing a claim starts with a consultation with a legal expert to evaluate the valid approach for your case, followed by case building, negotiations, and resolution. While these steps may sound straightforward, the length, complexity, and timeline of each stage can depend heavily on the facts of your case.

1. Consultation with a legal expert to evaluate your case, determine whether you have a valid claim for compensation, and discuss the best way to move forward.
2. Case building starts with investigating the accident and gathering and organizing evidence, with the goal of establishing liability and fully calculating the damages you suffered.
3. Negotiations follow after the claim is submitted to the insurance companies, with your legal team working to reach a fair settlement for your injuries and losses.
4. Resolution is the aim, whether through a settlement when an agreement is reached or a verdict when the case goes through litigation.

When motorcycle accident cases in San Jose reach trial, they may proceed before the Santa Clara County Superior Court or another court with proper jurisdiction, depending on the circumstances of the case.

What important qualities to look for in a San Jose motorcycle accident lawyer?

Serious motorcycle accident injuries can result in damages that change your entire life after the accident, so look for a motorcycle accident lawyer who will not just claim to fight for your right to compensation but can show the credibility and trust they have built through their experience, results, and commitment to their clients.

When speaking with or researching an attorney or law firm to hire, look for these qualities:

Experience in handling cases like yours in San Jose

Experience handling motorcycle accident cases is important because these claims can involve serious injuries, disputed liability, insurance challenges, and other legal issues that require an attorney who understands how to approach them. A lawyer familiar with San Jose and Santa Clara County can also help you navigate the local legal process and understand the issues that may arise during your claim.

Jacoby & Meyers has been serving California communities for more than 50 years and has an office dedicated to representing injury victims in San Jose.

Resources your case needs

A motorcycle accident case may require more than legal knowledge. Look for a law firm with the resources and team needed to investigate the accident, gather and preserve evidence, work with experts when necessary, and build a strong case for compensation. 

Our team of attorneys, case managers, and other legal professionals work together to investigate and handle personal injury and motor vehicle accident claims.

Results of the cases they have handled

Case results can give you an idea of a firm’s experience and ability to handle serious personal injury cases. While past results do not guarantee a similar outcome, reviewing the firm’s case results can help you understand the types of cases it has handled and the compensation it has recovered for clients.

Jacoby & Meyers has recovered more than $2 billion in verdicts and settlements for injured Californians since 1972.

Reputation among clients and the legal community

Client reviews, testimonials, awards, and professional affiliations can provide insight into how a firm has served its clients and how it is viewed within the legal community. A strong reputation can reflect years of consistent service, advocacy, and commitment to the people the firm represents.

Our attorneys have been recognized and thanked by clients for their service and have earned awards, professional recognition, and affiliations with reputable legal organizations for their work in personal injury and motor vehicle accident cases.

Trial readiness

Although many motorcycle accident claims are resolved through settlement, some cases may require litigation when a fair agreement cannot be reached. Look for an attorney who prepares cases with trial in mind and has the experience and resources to represent you in court when necessary.

At Jacoby & Meyers, our attorneys prepare cases with trial in mind so they can advocate for clients during negotiations and in court when necessary.

Client Testimonials

Our firm has continued to grow and provide legal services because of the trust we have built over decades of advocating for injury victims.

“I had a great experience with Jacoby & Meyers. From the initial consultation to the final resolution of my case, the team was professional, responsive, and genuinely cared about my situation. They took the time to explain every step of the process, which really eased my concerns. I felt well-supported and informed throughout. Highly recommend their services! Thanks mostly to Bernabe Amanda. He was super fast and super responsive.“

• Dario Damiani from Google Review

More client reviews are available on our reviews page.

Disclaimer: Testimonials are voluntary statements from former clients. They are not intended to create expectations about outcomes and should not be interpreted as a guarantee of results.

Results that Reflect the Advocacy We’ve Carried for 50 Years

Jacoby & Meyers was built to provide high-quality legal service to middle-income families, and we have stayed true to that mission while expanding our reach to injury victims who need serious representation. Through that purpose and dedication, we have helped recover millions in compensation for clients in some of the most complex cases we have handled.

• $19 Million — Rideshare Passenger vs. Auto Collision / Quadriplegic
• $17.5 Million — Bike vs. Truck / Paraplegic
• $11 Million — Motorcycle vs. Truck / Paraplegic
• $6.5 Million —Rear-End Collision
• $1.85 Million — Bus vs. auto collision
• $1 Million — Truck vs. Motorcycle

Check out more of our winning cases on our case results page.

Disclaimer: Past results do not guarantee future outcomes; results are based on the specific facts of past cases.

Areas We Serve

Our San Jose office caters to motorcycle accident victims in San Jose and nearby communities, including areas along popular motorcycle routes such as:

• Mount Hamilton Road
• Alum Rock Avenue
• Quimby Road
• Hicks Road
• Metcalf Road
• McKean Road
• Skyline Boulevard (Highway 35)
• Highway 9
• Santa Teresa
• Milpitas

We also have 13 other offices in different California cities to serve communities statewide, including:

• Orange County
• San Francisco
• San Diego
• San Bernardino
• Sacramento
• Ontario
• Oakland
• Los Angeles
• Long Beach
• Fresno 
• Escondido
• Brea
• Bakersfield

San Jose Local Resources

Emergency Rooms

• Good Samaritan Hospital Emergency Room – 2425 Samaritan Dr, San Jose, CA 95124
• Kaiser Permanente San Jose Medical Center – 250 Hospital Pkwy, San Jose, CA 95119
• Regional Medical Center of San Jose – 225 N Jackson Ave, San Jose, CA 95116
• Santa Clara Valley Medical Center – 751 S Bascom Ave, San Jose, CA 95128

Urgent Care Centers

• Action Urgent Care (Meridian Ave.) – 1432 W San Carlos St #10, San Jose, CA 95126
• Action Urgent Care (Brokaw) – 1038 E Brokaw Rd #30, San Jose, CA 95131
• Action Urgent Care ( Blossom Hill Rd.) – 1375 Blossom Hill Rd #49, San Jose, CA 95118
• Carbon Health Urgent & Primary Care Campbell – 1760 S Bascom Ave Ste 140, Campbell, CA 95008
• Valley Health Center Downtown – 777 E Santa Clara St, San Jose, CA 95112

Local Courthouses

• Superior Court of Santa Clara County – 191 N First St, San Jose, CA 95113
• Santa Clara County Civil Division – 191 N First St, San Jose, CA 95113
• Santa Clara County Courthouse – 1095 Homestead Rd, Santa Clara, CA 95050

Disclaimer: We do not endorse these companies or profit from listing them on our website.

Frequently Asked Questions

What if I was not wearing a helmet?

California has a universal helmet law under California Vehicle Code § 27803, which requires motorcycle riders to wear a properly fitted and fastened helmet that meets applicable safety standards while operating or riding on a motorcycle. If you’ve been in an accident and were not wearing a helmet, that does not necessarily mean you cannot pursue a claim for your injuries. However, whether helmet use affects your claim depends on the circumstances of the accident and the injuries involved.

Can I still recover compensation if I was riding a motorcycle without a valid motorcycle license?

Not having the proper motorcycle license does not automatically determine who was at fault for an accident or prevent you from making a claim. However, the circumstances surrounding your licensing status and the accident may affect how liability is evaluated. An attorney can review the facts of the crash and explain how they may affect your claim.

What if the driver who caused my motorcycle accident does not have insurance?

You may still have options for recovering compensation after a collision with an uninsured driver. Depending on the coverage available under your own insurance policy, uninsured motorist coverage may help cover certain losses resulting from the accident. An attorney can review the available insurance coverage and the circumstances of the crash to determine what options may be available.

When should I get a lawyer for a motorcycle accident?

It is generally helpful to speak with a motorcycle accident lawyer as soon as possible, especially when the accident caused serious injuries, liability is disputed, multiple parties may be responsible, or an insurance company is already contacting you. Getting legal guidance early can also give you more time to preserve evidence, understand your legal options, and meet applicable deadlines.

How long will my motorcycle accident case take?

The time it takes to resolve a motorcycle accident case depends on the severity of the injuries, the complexity of the accident, the number of parties involved, the evidence available, and whether the case can be resolved through settlement or must proceed to litigation. Some cases may resolve within months, while more complicated cases can take longer. An attorney can provide a better idea of the potential timeline after reviewing the circumstances of your case.

More answers are available on our FAQs page.

Experienced Representation for Motorcycle Accident Case

When you’ve been involved in a San Jose motorcycle accident that has disrupted your life and created uncertainty about your future due to negligence, you need legal representation who can fight for the fairest compensation available for the damages you suffered.

Jacoby & Meyers has been handling motorcycle accident cases in California for decades. Our experienced San Jose motorcycle accident attorney is ready to take on your case, protect your rights, and fight for the compensation you deserve.

Contact us by phone, live chat, or through our online form to schedule your free consultation and let us help you with your recovery.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.

Attorney Review & Office Information

Attorney Review Disclosure
This content has been reviewed by California-licensed attorneys at Jacoby & Meyers to ensure accuracy and compliance with applicable California law. Legal services are provided by attorneys licensed to practice in the State of California.

Jacoby & Meyers Accident & Injury Lawyers – San Jose

Plaza West
3031 Tisch Way #110,
San Jose, CA 95128, United States
24/7 Hotline: (408) 341-6883

Other Cases We Take On

• Personal Injury
• Car Accidents
• Truck Accidents
• Bus Accidents
• Delivery Accidents
• Uber / Lyft Accidents
• Wrongful Deaths
• Slip and Falls
• Pedestrian Accidents
• Bicycle Accidents
• Dog Bite Cases