Gilroy Motorcycle Accident Lawyer

Maison Law’s Gilroy personal injury lawyers stand up for the rights of those hurt in motorcycle accidents. Riding your motorcycle in Gilroy is often exciting, thanks to the great conditions. But accidents can, and often do, happen. If you or someone you know has been injured in a motorcycle accident, contact us for a free consultation to discuss your options.

Do You Need a Lawyer?

A motorcycle accident is often more serious than other accidents you could find yourself in. It’s not surprising to see why: the great speeds they’re designed to reach, coupled with virtually no protection in the event of an accident often results in serious injuries and other damage.

But whether or not you need a lawyer depends on your situation. Hopefully, your accident and injuries are only minor and won’t require legal action. That said, if your accident is more in-line with a typical motorcycle accident, it’s likely that you’ll need legal help from our team. Here’s what we can do for you:

• Experience – We’re well-versed in California’s personal injury laws, adept at gathering evidence, and building a strong case for you.
  
  
• Evaluation – We’ll assess all impacts, including medical bills, lost wages, and future expenses, making sure you get a fair offer.
  
  
• Negotiation – Dealing with insurance companies can be tough, but our negotiation skills prioritize your interests.
  
  
• Representation – If your case goes to court, we’ll handle all filings and represent you effectively.
  
  

While hiring a personal injury lawyer isn’t mandatory, our team can significantly improve your chances of a better result. We’ll navigate the legal process, protect your rights, and make the process easier for you and your family.

Who’s Liable When There’s a Motorcycle Accident?

In California, motorcycle riders have the same rights as any other motor vehicle accident victims. If you’ve been injured in a motorcycle accident that wasn’t your fault, you can file a claim for damages against the responsible party.

Before filing a claim, it’s crucial to understand the process. Take advantage of our free consultations to learn about your legal options and what to expect.

The first step is identifying who is legally responsible for the accident. Liability, or legal responsibility, determines who will cover your injuries and damages, which can be substantial in motorcycle accidents. Establishing liability involves proving negligence, which means showing that the responsible party failed to exercise their duty of care. This can include:

• Car or truck drivers – Negligence may involve failing to see or yield to a motorcyclist, changing lanes without signaling, or driving distracted.
  
  
• Poor road conditions – Potholes, uneven surfaces, or inadequate signage can contribute to accidents. Government authorities are responsible for road maintenance.
  
  
• Motorcycle defects – Accidents can result from poor manufacturing or maintenance of the motorcycle.
  
  
• Impaired driving – Accidents often occur due to drivers impaired by alcohol, drugs, or medication.
  
  

• Pedestrian negligence – Pedestrians not following traffic rules can cause accidents, especially at intersections.
  
  

There’s also “comparative negligence,” which frequently comes into play in a motorcycle accident. This means that even if you’re partly at fault, you can still get damages, but they will be reduced based on your level of fault. 

The specific details and evidence of the accident will be carefully reviewed to determine liability and fault. Certain actions while riding can make you partially responsible, like lane splitting or riding too fast.

Understanding these factors is crucial, as they affect how fault is determined and the amount of financial support you can receive. That said, it’s vital to look at what you can get in a claim.

What Damages Can You Get in a Motorcycle Accident Claim?

Once you’re able to figure out who’s responsible, you can start thinking about actually filing your injury claim. The overall goal of the legal claims process is to recover “damages” from the person or party that’s responsible for causing your accident and injuries. This is just the legal term for your losses.

Whether you decide to file an insurance claim out of court or a personal injury lawsuit inside the court system, a successful claim can help you recover things like:

• Medical expenses – These damages cover all costs for your initial and ongoing medical care after the accident. It also includes expenses for long-term treatments, rehabilitation, and any necessary medical equipment.
  
  
• Lost wages or earning potential – These provide financial considerations for the income you’ve lost while recovering and any future earnings you might miss if you can’t return to work.
  
  
• Repair/replacement costs for your property – These damages pay for fixing or replacing damaged items, such as your motorcycle and any other damaged property or clothing.
  
  
• Pain and suffering – These damages cover the physical pain and mental anguish caused by the accident. You can get separate damages for the emotional distress that you go through.
  
  
• Damages for loss of enjoyment of life or companionship – These cover the negative impact on your quality of life and personal relationships.
  
  
• Wrongful death expenses – If the motorcycle accident is fatal, you can recover funeral and burial costs for your loved one.
  
  

Even with these damages available, you still have to meet certain deadlines when filing your claim. The biggest hurdle is filing within California’s “statute of limitations”, which is currently set at two years from the date of the accident. Miss this deadline and you can’t recover damages–no matter how strong your claim is.

Can You Strengthen Your Motorcycle Accident Claim?

Just having the legal right to file an injury claim after a motorcycle accident isn’t an automatic ticket to your damages. Instead, you have to show the extent of your damages by putting together an effective case. This means gathering evidence, doing the right things, and following the process. We can help you in this regard, but in terms of what you can do to strengthen your claim, here’s what you need to do after you’re in a motorcycle accident:

• Call 911 – Call 911 for an ambulance if you’re hurt. Get checked by EMTs at the scene and see a doctor even if you don’t feel injured, as some injuries may not be immediately apparent.
  
  

• Tell the Gilroy police about the accident – Report the accident to the Gilroy police. They will handle the situation and file a report.
  
  

• Share your information – Exchange details with the other party involved, including names, phone numbers, insurance, and vehicle information. Also, get contact information from any witnesses.
  
  

• Document the accident scene – Take photos or videos of the accident scene, including vehicles and any injuries. This visual evidence is going to be critical for your claim.
  
  

• Tell your insurance company – Inform your insurance company about the accident as soon as possible. Provide them with the necessary details to start your claim.
  
  

• Preserve your evidence and records – Save all related documents, such as medical bills, repair receipts, and correspondence with your insurance. Don’t repair your motorcycle or other damaged property until it’s documented.
  
  

• Watch what you say – Limit communication with the other party’s insurance. If you do talk, keep it brief and avoid posting about the accident on social media.
  
  

• Follow doctor’s orders – Follow your doctor’s advice and attend all medical appointments to ensure proper recovery.
  
  

Keep in mind, these steps are for your benefit. Even with legal support, you must demonstrate how the accident has impacted you. We can assist you, but you still have to deal with an insurance company trying to devalue your claim any way they can. That’s why it’s important to do the right things.

Frequently Asked Questions

Can I file a claim if there’s no car involved in my motorcycle accident?

Yes, if the accident was caused by a pothole or some other defect. This amounts to negligence, and gives you the right to file an injury claim.

Will a helmet keep me from getting hurt in a motorcycle accident?

Not completely, but wearing a helmet greatly increases your protection in a motorcycle accident. It’s also helpful to wear other safety gear.

How many motorcycle accidents were there in Gilroy last year?

According to 2023 from the California Highway Patrol’s Statewide Integrated Traffic Record System (SWITRS), there were 12 motorcycle accidents in the city.

Contact Maison Law After a Gilroy Motorcycle Accident

If you’re in a motorcycle accident in Gilroy, you likely have serious injuries and losses. At Maison Law, we’re here to guide you through the legal process. Rely on our experience to help you recover. Contact us today for a free consultation if you or a loved one have been injured in one of these accidents.