Nestled in the heart of the Pacific Northwest, San Jose, California, boasts a plethora of captivating natural wonders and picturesque routes, attracting motorcycle enthusiasts from all corners of the region.
Yet, riding a motorcycle in San Jose carries inherent risks. In the unfortunate event of an accident, motorcyclists often find themselves in vulnerable positions, facing not only physical injuries but also the daunting legal battles that follow.
Confronting a motorcycle accident can shatter the life you once knew—physically, emotionally, and financially. The journey to recovery can be a challenging odyssey. It extends beyond visible wounds, encompassing the intricate web of financial consequences and the pursuit of justice against the party at fault.
Here’s where we step in. As dedicated motorcycle accident attorneys in San Jose, Wilshire Law Firm is committed to advocating for the rights of motorcycle accident victims and assisting them in seeking the compensation they are entitled to.
Our profound knowledge of California state law and unwavering commitment to our clients position us to navigate your case skillfully.
Table of contents
- Why Choose Wilshire Law Firm as Your San Jose Motorcycle Accident Attorney
- What Causes Most San Jose Motorcycle Accidents?
- Common Injuries from Motorcycle Accidents
- Negligence in San Jose Motorcycle Accident Cases
- Compensation in San Jose Motorcycle Accident Cases
- The Statute of Limitations in San Jose, California
- How Can a San Jose Motorcycle Lawyer Help?
- Our San Jose Location
Why Choose Wilshire Law Firm as Your San Jose Motorcycle Accident Attorney
Deciding on the legal representation for your motorcycle accident is a pivotal choice. We possess several distinctive qualities at Wilshire Law Firm that make us the ideal selection for your legal needs.
Comprehensive Legal Knowledge
Our in-depth knowledge of California’s motorcycle accident laws empowers us to safeguard your rights and advocate vigorously. When pitted against insurance companies and opposing parties, we approach the battle with unwavering determination. We don’t sway easily and consistently fight to uphold our clients’ rights.
Proven Track Record of Success
Our record of achievements speaks volumes. With a team of over 500 dedicated legal professionals, we have consistently earned recognition as an exceptional law firm, having recovered more than 1 billion dollars for our clients over the years.
Our pursuit of success is unwavering in every case, and our past triumphs serve as a testament to our skill and commitment to securing the maximum compensation for our clients.
Tailored Personal Attention
We hold our clients in high regard, recognizing that each case is unique. Consequently, we provide personalized care to every client, taking the time to understand their circumstances and customizing our legal strategy accordingly.
We anticipate potential challenges in a case and proactively plan to overcome any possible obstacles. We maintain transparent and honest communication with our clients throughout the legal process, ensuring they are well informed and updated at every juncture.
By choosing Wilshire Law Firm, you are trusting dedicated, experienced, and singularly focused San Jose personal injury lawyers who are focused on your best interests.
We combine our legal proficiency with a genuine, empathetic approach, acknowledging that at the core of each case is an individual who has experienced hardship and needs guidance and support.
What Causes Most San Jose Motorcycle Accidents?
Motorcycle accidents are notorious for their high level of danger. Riders are essentially exposed during a collision, making them susceptible to severe or even fatal injuries.
Putting it into stark perspective, the statistics reveal that motorcyclists face a staggering 28 times greater risk of losing their lives in a traffic accident when compared to occupants of automobiles.
A leading catalyst behind motorcycle accidents revolves around the influence of alcohol or drugs. Startlingly, data from the NHTSA illuminates how intoxicating substances played a role in almost a quarter of all fatal motorcycle crashes, eclipsing any other contributing factor.
Other common causes of motorcycle accidents include:
- Unsafe Lane Changes: Motorcycles can be vulnerable victims when other vehicles change lanes recklessly, neglecting to check their blind spots or signals adequately, resulting in potentially harmful collisions.
- Speeding: Excessively high speeds diminish a rider’s reaction time and amplify the gravity of accidents, making them more dangerous.
- Distracted Driving: Using mobile phones or other distractions by drivers can divert their attention from motorcycles sharing the road, leading to potentially hazardous situations.
- Inexperienced Riders: Novice motorcyclists may find themselves ill-equipped to navigate diverse traffic scenarios, lacking the necessary skills and experience.
- Alcohol and Drug Use: Riding under the influence severely impairs judgment and coordination, affecting not only the motorcyclist but also increasing the risk of accidents involving other drivers on the road.
- Poor Road Conditions: Hazards like potholes, debris, or slippery surfaces can harm motorcycles, jeopardizing their stability.
- Left-Turning Vehicles: Collisions frequently arise when a car executes a left turn in front of an oncoming motorcycle, resulting in precarious situations.
- Rear-End Collisions: Larger vehicles may rear-end motorcycles if they abruptly decelerate or halt, underscoring the importance of maintaining safe following distances.
- Running Red Lights and Stop Signs: Ignoring traffic signals heightens the risk of intersection collisions, endangering motorcyclists and other road users.
- Weather: Adverse weather conditions, such as rain, snow, or ice, can erode traction and visibility, escalating the hazards riders face.
- Mechanical Defects: Mechanical malfunctions or defective parts can contribute to accidents, necessitating vigilant maintenance.
- Animals on the Road: Unexpected encounters with animals, such as deer, can disrupt a rider’s control over their motorcycle, potentially leading to accidents.
- Reckless Riding: Risky maneuvers, like weaving through traffic, can precipitate accidents, emphasizing the importance of responsible riding.
- Fatigue: Riding while drowsy diminishes concentration and reaction times, amplifying the chances of accidents.
- Lack of Protective Gear: Neglecting to don essential protective gear, including helmets, gloves, jackets, and appropriate clothing, heightens injury vulnerability for motorcyclists.
Motorcycle accidents typically arise due to various elements, and safety precautions such as defensive riding, adequate training, and protective gear can effectively reduce these potential hazards.
Common Injuries from Motorcycle Accidents
Bikers don’t have as much protection between them and the road as others, making accidents more dangerous.
Here’s a rundown of the most common injuries bikers face in San Jose:
- Fractures: Motorcycle accidents can result in fractures, typically to the extremities, such as arms, legs, and wrists, when riders contact the ground or other objects, often due to the force of the collision.
- Road Rash: Road rash occurs when a rider’s unprotected skin comes into contact with the road surface during a slide or skid. It can range from minor abrasions to more severe skin injuries, sometimes requiring skin grafts.
- Head Injuries: Head injuries are a significant concern, primarily when riders don’t wear helmets or don’t wear them correctly. Head impacts can lead to traumatic brain injuries, concussions, and skull fractures.
- Soft Tissue Injuries: These injuries include sprains, strains, and contusions, and they result from the abrupt movements and impacts that occur during accidents. Riders may suffer muscle and ligament damage in various parts of the body.
- Spinal Cord Injuries: High-impact crashes or falls can lead to spinal cord injuries, which can have long-lasting or permanent effects, affecting mobility and sensation.
- Internal Injuries: Internal injuries can occur when a motorcyclist collides with parts of the motorcycle or the road. These may involve damage to organs such as the liver, spleen, or lungs and can be life-threatening.
These injuries are prevalent in motorcycle accidents due to the vulnerability of riders, who lack the protective enclosures that cars provide.
Negligence in San Jose Motorcycle Accident Cases
A significant number of motorcycle accidents in San Jose result from negligence, which occurs when an individual fails to demonstrate the “reasonable care” required by the law, consequently harming another party.
California law outlines that such negligent behavior is a breach of responsibility, making the defendant liable for any consequences.
In motorcycle accidents, negligence can manifest in diverse forms, such as inadequate visibility (for example, when a driver neglects to check their blind spot before changing lanes), colliding with a motorcyclist, or a city’s neglect of road conditions, resulting in a motorcycle collision.
Proving negligence in a motorcycle accident involves four factors:
- The defendant owed you a duty of care.
- The defendant breached this duty of care.
- The breach was the cause of your accident and the injuries you sustained.
- You suffered quantifiable damages as a result.
Proving all these aspects of negligence might feel confusing and scary, especially after a harrowing accident. But it’s crucial to get the compensation you deserve.
At Wilshire Law Firm, our lawyers handle this complicated job well. We know all about negligence laws for motorcycle accidents and build a strong case to prove the other party’s negligence and ensure you get your rightful compensation.
Compensation in San Jose Motorcycle Accident Cases
If you’ve experienced a motorcycle accident, you must have a comprehensive grasp of your entitlements to protect your rights.
A motorcycle accident lawsuit can result in substantial compensation, encompassing financial and non-financial losses.
- Medical Expenses: This category encompasses current and future expenses arising from the accident’s impact on your health. You can pursue compensation for these costs, whether it pertains to immediate medical care, ongoing therapy or rehabilitation, or anticipated medical requirements.
- Lost Income: In cases where your injuries lead to missed work or an enduring impact on your earning potential, you can seek reparation for lost wages, income, and future earning capacity.
- Property Damage: Compensation can be pursued for any damage sustained by your motorcycle or personal belongings due to the accident.
- Pain and Suffering: These damages extend beyond economic losses and aim to redress the physical pain and emotional distress resulting from your injuries. They also encompass the loss of enjoyment in life due to physical limitations stemming from the accident.
- Wrongful Death: In the unfortunate event that a motorcycle accident leads to a fatality, surviving family members may be eligible for compensation to cover medical and funeral expenses, the loss of companionship, and the absence of financial support.
Getting comprehensive compensation demands a strong understanding of the law and a robust representation of your case.
At Wilshire Law Firm, we ensure that your claim covers all possible avenues of compensation. We get you the maximum possible amount to help you regain control of your post-accident life.
The Statute of Limitations in San Jose, California
Every state has a designated timeline to file an accident claim, known as the Statute of Limitations.
California mandates a two-year window within which you must initiate a personal injury claim starting from the accident date.
Failure to adhere to this deadline results in the dismissal of your case and the forfeiture of your entitlement to compensation.
How Can a San Jose Motorcycle Lawyer Help?
A lawyer can help after a motorcycle wreck in San Jose through:
- Legal Know-how: A motorcycle accident attorney understands the complex laws and regulations specific to San Jose and can provide you with adept guidance.
- Investigation: They can investigate the accident, collect evidence and witness statements, and reconstruct the events to determine liability.
- Negotiation: Lawyers negotiate with insurance companies to ensure you receive fair compensation for medical expenses, property damage, lost wages, and pain and suffering.
- Court Representation: If you can’t reach a fair settlement, your lawyer can represent you in court, presenting your case to a judge and jury and advocating for your rights.
- Medical Referrals: Attorneys have a network of medical professionals who gauge your injuries and provide credible testimony to support your claim.
- Understanding of Local Laws: San Jose has unique traffic laws and regulations. A local lawyer will be well-versed in these laws and how they apply to your case.
- Maximizing Compensation: Lawyers ensure you receive the maximum compensation available, counting immediate and future medical costs, lost income, and the pain and suffering you endured.
- Meeting Filing Deadlines: They’ll ensure you meet all the necessary deadlines for filing claims and lawsuits, preventing your case from being dismissed due to missed time limits.
Hiring a lawyer after a motorcycle crash in San Jose can significantly improve your chances of a successful outcome and help you navigate the legal process more effectively.
Let Wilshire Law Firm Help You
When you choose Wilshire Law Firm, you get a team devoted to your cause, providing customized legal support tailored to your specific circumstances.
Our track record of over $1 billion in favorable results for our clients speaks to our dedication and experience. We work tirelessly to ensure that you obtain the compensation you’re entitled to for the challenges you’ve endured.
If you’ve been in an accident, don’t hesitate. Reach out to Wilshire Law Firm today for a complimentary consultation.
Our San Jose Location
Wilshire Law Firm
4340 Stevens Creek Blvd UNIT 287
San Jose, CA 95129
Tel: (415) 704-9912