San Jose Motorcycle Accident Injury Lawyers

San Jose Motorcycle Accident Statistics

According to the National Highway Transportation Safety Administration, more than 80 percent of all motorcycle crashes result in injury or death to the motorcycle rider or their passenger.

You are four times as likely to suffer injuries in a motorcycle crash and 16 times more likely to die than if you were in a car during the same type of crash.

California reported 10,597 motorcycle accidents statewide in a recent year, resulting in 8,632 injuries and 532 fatalities. That’s the second-highest number of motorcycle accident fatalities nationally. Also, 263 motorcycle riders suffered injuries or died in motorcycle accidents in the San Jose area.

What Causes Motorcycle Accidents in San Jose?

 Motorcycle accidents in San Jose occur because of:

• Distracted Driving: Drivers who are distracted by phones, navigation systems, or other distractions may fail to notice motorcyclists and collide with them.
• Failure to Yield: Motorists failing to yield the right of way to motorcycles, especially at intersections or during lane changes, can result in collisions.
• Left-Turn Accidents: Motorcycle accidents often occur when a car makes a left turn in front of an oncoming motorcycle, misjudging the speed or failing to see the motorcyclist.
• Speeding: When motorists speed, it increases the risk of accidents and the severity of injuries.
• Impaired Driving: Driving under the influence of alcohol or drugs poses a significant risk for all road users, including motorcyclists.
• Unsafe Lane Changes: Cars changing lanes without signaling or checking blind spots can collide with motorcyclists in adjacent lanes.
• Reckless or Aggressive Driving: Aggressive behaviors, such as tailgating or aggressive maneuvers, can endanger motorcyclists and lead to accidents.
• Poor Road Conditions: Motorcycles are more susceptible to uneven road surfaces, potholes, or debris, which can cause a loss of control or accidents.
• Vehicle Doors: Opening car doors without checking for approaching motorcycles, especially in urban areas, can lead to collisions.
• Mechanical Failures: Motorcycle malfunctions, such as brake failures or tire blowouts, can result in accidents.
• Visibility Issues: Motorcycles are often less visible than larger vehicles, and vehicle drivers need to remain extra vigilant to avoid colliding with motorcycles.

No matter how careful motorcyclists are while riding, no one can control the actions of others on the road. If a negligent, careless, or reckless motorist caused a motorcycle accident that injured you or someone you love in San Jose, contact an experienced motorcycle accident lawyer as soon as possible to discuss your case.

What Are Common Motorcycle Accident Injuries?

Motorcycle accidents can result in a range of injuries due to the lack of protective barriers that motorcycles provide compared to other vehicles.

Even while wearing helmets and protective gear, motorcyclists can still sustain major injuries in motorcycle accidents, including:

• Road Rash: Skin abrasions and lacerations caused by the rider sliding across the road surface after a fall or collision.
• Broken Bones: Impact with the ground or another vehicle can lead to fractures and breaks in the extremities, hips, or pelvis.
• Head Injuries: Traumatic brain injuries (TBIs) can occur when a rider’s head makes contact with the ground or another object.
• Spinal Cord Injuries: Damage to the spinal cord can result in paralysis or loss of motor function below the injury site.
• Internal Injuries: Injuries to internal organs, such as the liver, spleen, or kidneys, can occur due to the impact of a motorcycle crash.
• Soft Tissue Injuries: Sprains, strains, and contusions to muscles, ligaments, and tendons can result from the force of an accident.
• Biker’s Arm: Injuries to the arm, often affecting nerves, muscles, and joints, that occur when a rider extends their arm to brace for impact during a fall.
• Leg and Knee Injuries: Fractures, dislocations, or injuries to the knees and legs are common, especially in collisions with other vehicles.
• Facial Injuries and Eye Injuries: Injuries to the face, including fractures, lacerations, and dental injuries, can occur if the rider’s face makes contact with the ground or another object. Particles or debris from the road or a collision can cause eye injuries.
• Burn Injuries: Motorcycle accidents may result in burns if the motorcycle catches fire after a collision—or if the motorcyclist contacts hot surfaces, such as exhaust pipes and engine components.
• Amputations: Severe injuries may require surgical amputations or result in traumatic amputations at the accident scene.

Receive immediate medical attention for any injuries you sustain in a motorcycle crash, no matter how minor. Getting medical care not only ensures your health and well-being but also creates documentation that you suffered an injury, which you need for your claim.

What Types of Damages Can I Recover from a San Jose Motorcycle Accident Claim?

The types of damages that you can potentially recover from a motorcycle accident claim in San Jose depend on the nature of the accident, the severity of your injuries, and other factors.

Common damages recoverable in a motorcycle accident claim include:

• Medical expenses, including future medical expenses
• Lost income from work you missed due to your injuries
• Loss of future earnings if your injuries result in a permanent disability
• Property damage costs to repair or replace your motorcycle and other personal property the accident damaged or destroyed
• Non-economic damages for the physical pain and suffering you’ve endured as a result of the motorcycle accident.
• Compensation for emotional distress, anxiety, depression, or PTSD directly linked to the motorcycle accident.
• Loss of consortium to compensate for the negative impact the injuries have on your relationships with family members, including the loss of companionship, support, and intimacy.
• Compensation for any permanent disfigurement and scarring resulting from the motorcycle accident.
• Loss of enjoyment of life for the diminished ability to participate in and enjoy daily activities, hobbies, and life experiences.

In cases where a motorcycle accident results in a fatality, surviving family members may seek compensation for funeral expenses, loss of financial support, and the emotional impact of losing a loved one through a wrongful death claim or lawsuit.

In rare instances where the at-fault party’s actions were particularly egregious or intentional, the court may award punitive damages to punish the at-fault party and deter similar behavior.

To maximize your chances of recovering fair compensation, it is crucial to consult with an experienced personal injury attorney in San Jose. An attorney from Alexander Law Group, LLP, can help you assess the full extent of your damages and gather evidence to support your claim.

We can also advocate strongly for you to protect your rights and increase your chances of getting maximum compensation.

Will I Have to Take My Motorcycle Accident Case to Court in San Jose? 

Whether or not you’ll have to take your motorcycle accident case to court depends on various factors, including the nature of the case, the parties involved, and the outcome of negotiations.

Many motorcycle accident claims resolve through settlement negotiations before reaching the courtroom.

However, there are instances where litigation becomes necessary. If the insurance company won’t negotiate a fair settlement, your attorney may recommend filing a lawsuit against them. Also, if the insurance company acts in bad faith regarding your claim, denies your valid claim unjustly, or disputes liability with no resolve, you may have no other recourse than to take them to court.

Although time-consuming and expensive, going to court provides an opportunity for a neutral third party (judge or jury) to determine fault and assess damages. In some cases, this may be your best option, but you should follow your attorney’s recommendations.

How Long Do I Have to File a Motorcycle Accident Lawsuit in San Jose?

According to California’s statute of limitations, you generally have two years from the motorcycle accident to file a personal injury lawsuit in civil court.

Statutes of limitations can be subject to change, and exceptions may apply in certain circumstances. To ensure that you have accurate and up-to-date information regarding the statutes of limitations for your specific case, consult a personal injury attorney in San Jose. A motorcycle accident attorney from Alexander Law Group, LLP, can provide guidance based on the latest laws and regulations, assess the facts of your case, and help you initiate legal proceedings within the appropriate timeframe.

Should I Accept the First Settlement Offer from an Insurance Company for My San Jose Motorcycle Accident Injuries?

In most cases, insurance companies offer a low settlement in the hopes the claimant will accept the money and move on. This can be a major mistake. It’s important to have a clear understanding of the full extent of your losses before accepting any offer since some injuries may not become apparent until later.

Once you accept a settlement, you will have to sign a waiver promising not to pursue additional compensation in the future. If you accept an offer before you know the full extent of your injuries, you may not receive adequate compensation, and you’ll have no legal recourse to get the money you need.

Always consult a personal injury attorney before accepting any settlement offer. When you hire the Alexander Law Group, LLP, to represent you in your motorcycle accident claim, the insurance companies know we mean business and we will not settle for anything less than the amount you deserve. We will review any settlement offer you receive and negotiate for the maximum amount.

Contact Our Experienced San Jose Motorcycle Accident Lawyers Today

If you sustained injuries or lost a loved one in a San Jose motorcycle crash, don’t try to navigate the complexities of insurance claims and legal proceedings alone. Contact our dedicated legal team at Alexander Law Group, LLP, today for a free consultation.

Our experienced San Jose personal injury lawyers are here to fight for your rights and ensure you receive the compensation you deserve. Call 408noswap-289-1776 or write us through our website to request a no-cost claim evaluation. Let us be your advocates in seeking fair compensation for your motorcycle accident injuries.

---