San Jose Motorcycle Accident Attorney
Let Us Help You Pursue Compensation After a Motorcycle Accident in San Jose
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.
Needham Kepner & Fish LLP represents victims of motorcycle accidents throughout San Jose and the Bay Area. If you have been injured in a serious accident, our motorcycle accident lawyer in San Jose 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. Our San Jose motorcycle accident attorney from our firm can 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 smaller than other vehicles on the road and are easy to lose in a blind spot or to overlook altogether. Drivers who change lanes without signaling or make left turns without looking for oncoming traffic also threaten motorcyclists.
- Lane splitting. Motorcyclists can legally 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 to 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 an extra risk of injury on the road. What amounts to a fender-bender in 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 according to the National Safety Council.
This increased risk exists because motorcyclists’ bodies are much more exposed than those of 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 that meets the ground can be seriously burned and scraped. Dirt and debris may also embed into the skin.
- Spinal cord injury. Spinal cord injuries are common when motorcyclists are 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.
To protect your health and rights, follow these important steps after a motorcycle accident:
- Immediate safety measures: Move 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. 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, promptly undergo a medical evaluation. Some injuries, such as concussions or internal trauma, may not show symptoms immediately. Follow through with all recommended medical treatment and keep records of 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: Reach out to a reputable San Jose motorcycle accident lawyer to understand your legal rights and options. They can provide guidance, handle communications with insurance companies, and represent your interests in negotiations or court proceedings.
- Preserve evidence: Keep 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: Avoid 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?
Working with a motorcycle accident attorney in San Jose can make a crucial difference after a serious crash. Our approach to building a strong case includes compiling evidence and gathering statements about the incident. Next, we determine what you are legally entitled to based on our findings. We negotiate with the insurance company in an attempt to secure the compensation you deserve. In some cases, we pursue a lawsuit.
You may be able to receive compensation for the following damages:
- Lost wages: If your injuries prevent you from returning to work, you may recover lost earnings. Proving that the other driver was at fault for the accident can be key to this recovery.
- Medical bills: Motorcycle accidents almost always result in injuries, whether minor or severe. This often leads to significant medical expenses for treatment and rehabilitation.
- Pain and suffering: Many personal injury cases involve compensation for physical pain and discomfort. Securing compensation for mental or emotional anguish may also be possible.
As a motorcycle accident attorney San Jose riders can rely on, our team understands the unique legal and insurance challenges you may face after an accident. By working with us, clients receive guidance tailored to the realities of local roadways and traffic patterns, such as those near Interstate 280 and Highway 10. This local knowledge helps us build the strongest case possible focused on your specific circumstances.
Navigating Medical Treatment & Recovery After a Motorcycle Accident
Seeking prompt and appropriate medical care after a motorcycle accident is one of the most important steps you can take for both your health and your claim. Many riders may not realize that certain injuries can take hours or even days to fully manifest, especially those involving the head, back, or internal organs. Early intervention not only improves outcomes but also creates essential medical documentation that supports your personal injury case.
After an accident, consider these important aspects of your recovery process:
- Follow all recommended treatments. Follow all directions from your doctors, including physical therapy or specialist referrals, to show diligent efforts to heal.
- Keep detailed records. Keep track of all appointments, prescriptions, and expenses associated with your treatment so nothing is missed when a claim is filed.
- Communicate any ongoing symptoms. Talk to your provider about continuing or new issues to ensure proper care and complete documentation for your case.
Staying proactive about medical care contributes to a stronger claim, helping your San Jose motorcycle accident attorney present a clear, evidence-based picture of your injuries and ongoing needs. Your recovery is at the center of your well-being and your legal case.
Understanding Motorcycle Accident Laws in California
Navigating the legal landscape after a motorcycle accident can be daunting, especially if you are unfamiliar with California laws. It is vital to know your rights and obligations to help maximize your compensation and avoid potential pitfalls. California operates under a “fault” system, meaning the party responsible for the accident is liable for the resulting damages.
Here are other key points about California motorcycle accident laws:
- Comparative negligence: California follows a pure comparative negligence standard, so 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 only to motorcycle riders, such as helmet laws and lane splitting rules.
- Insurance requirements: California requires certain minimum coverage amounts, and understanding these requirements 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 interests.
Why Choose Needham Kepner & Fish for Your Motorcycle Accident Case in San Jose?
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 effective legal 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 represent you effectively.
- Proven track record: We have successfully secured substantial compensation 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 won't 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 will not 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. Let our motorcycle accident attorney in San Jose can assist you.
Get the Help You Need From a Trusted Motorcycle Accident Lawyer in San Jose
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.