San Jose Motorcycle Accident Attorney

Let Us Help You Secure Compensation

Motorcyclists face an increased risk of serious injury on the roads. In addition to dangerous roadways, motorcyclists face extra hazards. Motorcycles are relatively small and easy to overlook by other drivers. While metal framing and seatbelts protect other motorists, motorcyclists remain much more exposed.

Our firm represents victims of motorcycle accidents throughout San Jose and the Bay Area. If you have been injured in a serious accident, we can help you understand your potential legal options. During a free, confidential consultation, we can answer your legal questions and determine how we may be able to help you.

After a motorcycle accident, you need an experienced attorney on your side to help you get the compensation you need for recovery. A San Jose motorcycle accident attorney from our firm is ready to discuss your potential case with you. Call (408) 716-1668 today!

What Are Common Causes of Motorcycle Accidents?

Like all motorists, motorcyclists face the usual roadway dangers. This includes dangerous road conditions, inclement weather and other drivers. Motorcyclists face other, more specific hazards too.

The most common causes of motorcycle accidents involve:

• Negligence of other drivers. Motorcycles are much smaller than other vehicles on the road. They are easy to lose in a blind spot or to overlook altogether. Motorcycle accidents often result from other drivers failing to keep track of where a motorcyclist is on the road. Drivers who change lanes without signaling or make left turns without looking for oncoming traffic also threaten motorcyclists.
• Lane splitting. Motorcyclists can legally drive between two lanes of traffic, or lane split in California. A motorcycle safety tip for drivers is to understand California lane splitting laws. If a driver swerves or attempts to change lanes while a motorcyclist is between two cars, an accident may occur.
• Defective motorcycle parts. In some cases, a faulty motorcycle part may cause an accident. A common reason for this involves repair shop error or negligence. A defective part or an insufficient repair service are extremely dangerous to motorcyclists.
• Poor roadways. Roadway debris and potholes are much more dangerous to motorcyclists than other motorists. Hitting an oil spill, a pothole or a large piece of debris can send a motorcycle flying.

What Are Common Injuries Caused by Motorcycle Accidents?

Motorcyclists face extra risk of injury on the road. What amounts to a fender-bender in the case of a two-car collision often translates to a serious accident for motorcyclists. In fact, 80% of all reported motorcycle accidents result in injuries or death.

This increased risk is because motorcyclists’ bodies are much more exposed than other motorists’. In a vehicle, drivers and passengers are protected by the body of the car, seatbelts and airbags. What separates a motorcyclist from the pavement, however, is a helmet and his or her clothing.

As a result, our San Jose motorcycle accident attorneys often see the following injuries:

• Traumatic brain injury. Wearing a helmet is one of California’s motorcycle laws. It can mean the difference between life and death. However, the impact of a collision can still affect the brain. Motorcyclists can sustain internal swelling, bleeding and traumatic brain injury (TBI).
• Broken bones and fractures. With minimal safety gear and added exposure, motorcyclists often come away from crashes with broken bones and fractures.
• Road rash. When motorcyclists make contact with the road, the force and speed at which they are traveling can cause the road to burn through their clothes. Any exposed skin which meets the ground will get seriously burned and scraped. Dirt and debris may also embed into the skin.
• Spinal cord injury. Spinal cord injuries are common when motorcyclists get thrown from their bikes. This type of injury may cause permanent paralysis and chronic pain.

What Should You Do After a Motorcycle Accident?

After experiencing a motorcycle accident, it's crucial to navigate the aftermath with a clear mind and a focus on your well-being and legal rights. Here are some steps to take after a motorcycle accident:

• Immediate Safety Measures: Ensure safety by moving to a safe location if possible. Check for injuries and seek medical attention for yourself and others involved.
• Contact Emergency Services: Call 911 to report the accident and request medical assistance and police presence. Law enforcement officers will document the scene, which is vital for insurance claims and legal proceedings.
• Exchange Information: Exchange contact, insurance, and vehicle details with other parties involved in the accident. Gather names, addresses, phone numbers, license plate numbers, and insurance policy numbers. Additionally, collect contact information from any witnesses present.
• Document the Scene: Take photographs of the accident scene, including vehicle positions, damages, road conditions, and any relevant traffic signs or signals. Document injuries and property damage sustained in the accident.
• Seek Medical Attention: Even if you feel uninjured, it's essential to undergo a medical evaluation promptly. Some injuries, such as concussions or internal trauma, may not manifest symptoms immediately. Follow through with recommended medical treatment and keep records of all medical expenses and diagnoses.
• Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide accurate details but avoid admitting fault or making statements that could be used against you later.
• Consult with a Motorcycle Accident Lawyer: Contact a reputable San Jose motorcycle accident lawyer to understand your legal rights and options. An experienced attorney can provide guidance, handle communications with insurance companies, and represent your interests in negotiations or court proceedings.
• Preserving Evidence: Preserve evidence related to the accident, including medical records, repair estimates, correspondence with insurance companies, and any documentation provided by law enforcement.
• Stay Off Social Media: Refrain from discussing the accident or your injuries on social media platforms. Anything you post online could potentially be used against you during legal proceedings.

How a San Jose Motorcycle Accident Attorney From Our Firm Can Help You Secure Compensation

A motorcycle accident lawyer in San Jose will know how to investigate your claim. Our approach to building a strong case includes compiling evidence and statements about the incident.

Then, we determine what you are legally entitled to based on our findings. Next, we negotiate with the insurance company in an attempt to secure the compensation you deserve. In some cases, we pursue a lawsuit.

Your San Jose motorcycle accident attorney will decide how best to pursue your claim. Making this decision involves determining what the accident cost you.

You may be able to receive compensation for the following:

• Lost wages. After an accident, you may not be able to return to work. Unfortunately, this means lost wages for you. Proving that the other driver was at fault for the accident may mean recovering these lost wages.
• Medical bills. Motorcycle accidents almost always result in injuries, whether minor or severe. This means that a motorcyclist is likely to end up with a lot of medical bills.
• Pain and suffering. Sometimes personal injury cases will involve compensation for physical pain and discomfort. Securing compensation for mental or emotional anguish is also a possibility.

Understanding Motorcycle Accident Laws in California

Navigating the legal landscape after a motorcycle accident can be daunting, especially for those unfamiliar with California laws. It is vital to understand your rights and obligations to maximize your compensation and avoid potential pitfalls. California operates under a “fault” system, which means that the party responsible for the accident is liable for any damages. However, the laws also incorporate comparative negligence, which can impact your settlement based on the percentage of fault assigned to each party.

In addition to understanding fault, California has strict deadlines for filing personal injury claims—generally within two years from the date of the accident. Delaying could result in losing your right to compensation. Our experienced attorneys at Needham Kepner & Fish are well-versed in the intricacies of motorcycle accident laws and can guide you through the entire process, ensuring that your rights are protected every step of the way.

Here are some key points about California motorcycle accident laws:

• Comparative Negligence: California follows a pure comparative negligence standard, meaning your compensation may be reduced based on your share of fault in the accident.
• Statute of Limitations: You must file your claim within two years; failing to do so may bar you from obtaining compensation.
• Motorcycle-Specific Laws: Certain regulations apply exclusively to motorcycle riders, such as helmet laws and lane splitting rules.
• Insurance Requirements: California mandates certain minimum coverage amounts, and understanding these can help you select the right policy.

Let us clarify these laws for you and provide the strategic legal advice you need to pursue your case effectively. It’s essential to have a knowledgeable San Jose motorcycle accident attorney at your side to advocate for your best interests.

Why Choose Needham Kepner & Fish for Your Motorcycle Accident Case?

When navigating the aftermath of a motorcycle accident, having a reliable legal team on your side can make all the difference. At Needham Kepner & Fish, we understand the unique challenges motorcyclists face and are committed to providing our clients with personalized attention and expert guidance.

Here are several reasons to trust us with your motorcycle accident case:

• Experienced Legal Team: Our attorneys have years of experience specifically in motorcycle accident law, giving us the knowledge and skills needed to effectively represent you.
• Proven Track Record: We have successfully secured substantial compensations for our clients, reflecting our commitment to achieving the best possible outcomes.
• Comprehensive Case Evaluation: We offer a thorough assessment of your case, identifying all sources of compensation you may be entitled to, including medical expenses, lost wages, and pain and suffering.
• Hands-On Approach: You'll never feel like just another case with us. We take the time to understand your specific needs and keep you informed every step of the way.
• Contingency Fee Basis: You won’t pay any legal fees unless we win your case, ensuring that you can seek justice without financial strain.

Your well-being is our priority, and we are dedicated to fighting for the compensation you deserve to help you recover and move forward after your accident. Reach out to us today to schedule a free consultation!

Get the Help You Need From a Trusted San Jose Motorcycle Accident Lawyer

At Needham Kepner & Fish LLP, we understand the difficulties motorcycle accident victims face. That is why we offer free consultations for victims who are looking for answers and help. Further, you can work with a San Jose motorcycle accident lawyer from our firm on a contingency fee basis. This means you pay us nothing unless we secure your compensation.

If you want to learn more about our services, contact our experienced motorcycle accident lawyers in San Jose at (408) 716-1668 or send us a message online.