Gilroy Motorcycle Accident Lawyer

Maison Law’s Gilroy personal injury lawyers stand up for the rights of those hurt in motorcycle accidents. If you or someone in your family has been injured in a motorcycle accident, contact us for a free consultation to discuss your options.

Deciding If You Need a Motorcycle Accident Lawyer

Hopefully, your collision and injuries are only minor and won’t require legal action. That said, if your accident is more like a typical motorcycle accident, with more serious injuries, you may need the protection of a lawyer.

A more serious injury means your medical bills will be higher, your time out of work will stretch on, and you’ll be away from the motorcycle rides you love longer. This all adds up to a bigger settlement check, but car insurance adjusters will do their best to escape responsibility for high-value cases.

Their tactics might involve trying to blame the motorcyclist for what happened. Or questioning all injuries, and even saying your injuries were from a past accident. A skilled and aggressive attorney can shut down these tactics by backing your case with evidence.

A lawyer also has a good chance of earning you more for your case if you’ve suffered these injuries or others:  

• A Traumatic Brain Injury, including a serious concussion
• A chest fracture, or a broken bone anywhere in the body
• A hip injury
• A knee injury
• A back or vertebral injury
• A neck injury, including a serious case of whiplash
• Facial lacerations or damaged teeth
• Road rash or a degloving injury (skin peeled back)
• An injury to a family member
• The tragic death of a family member in a highway accident

While hiring a personal injury lawyer isn’t mandatory, our team can often 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.

Taking Advantage of a Free Accident Consultation

Maison Law is an advocate for safe motorcycle rides, and we want all injured riders to get the support they need to get back on the highway after an accident.

We also want motorcyclists to be fully informed of their rights and what they could receive support for after a crash caused by a careless driver. Schedule a free case review with Maison Law of Gilroy. This meeting is 100% confidential, and it comes with no obligation.

Allow Maison Law to help you navigate through this difficult time. We’ll go over all of your legal options and help you find the best path to getting your bills paid and getting back to your normal life.

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.

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. 

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. “Damages” 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, your family can recover funeral and burial costs for your loved one.

Strengthening Your Motorcycle Injury Claim

Just having the legal right to file an injury claim after a motorcycle accident isn’t an automatic ticket to earning financial help.

Instead, you have to show the extent of your damages by putting together an effective case. This means gathering evidence, providing documentation, 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 if possible:

• 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 or CHP 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.

Motorcycle Accident Hazards in Gilroy

Plenty of riders use Gilroy highways to cruise down the coastline, or to head up to the Bay Area, or simply to ride to work or the store. It’s a great starting point for any ride, but the actions of local drivers can always provide some unwanted excitement.

Drivers on Highway 101 can veer over on motorcyclists after not taking a glance at their mirrors and blind spots. Riders might be enjoying a ride on 1^st Street only to have a motorist turn in front of them because they didn’t take long enough to see the smaller profile of a motorcycle coming directly at them.

Defenseless riders can have little time or space to avoid a devastating collision with a car, SUV, van, or truck.

It’s an issue every year in Gilroy. The city has been the scene of 47 motorcycle accidents involving injury over the past five years (2021-2025).

Of course, many Gilroy motorcyclists often hop on local highways for trips into San Jose and beyond. The danger only increases in other parts of Santa Clara County, where more traffic and more crazy drivers are the norm.

California’s Transportation Injury Mapping System (TIMS) shows that motorcycle accident incidents are on the rise across the county:

• Highway 101 through Gilroy and Santa Clara County was the scene of 52 serious motorcycle accidents in 2025.

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.

Can I ask for support if I wasn’t wearing a helmet when a driver hit me?

Yes, motorcycle accident victims struck by another driver can file a claim to get help in recovery, even if they weren’t wearing a helmet. California law requires that motorcycle riders wear helmets. But not wearing one doesn’t affect who was at fault in an accident. The driver is still liable for the harm caused to a motorcyclist. An insurance company may claim that the rider’s injuries would have been less severe if a helmet had been used. They do this to limit the support injured motorcyclists receive. However, a Maison Law attorney would work to see that the driver received 100% of the liability.

How long can I wait to file a motorcycle accident claim?

California’s “statute of limitations” is currently set at two years from the date of the motorcycle accident. Miss this deadline, and you can’t recover damages, no matter how strong your claim is.

Contact Maison Law After a Gilroy Motorcycle Accident

Martin Gasparian, the founder of Maison Law of Gilroy, never wants to see motorcycle accident victims left to wait for support. Riders should never have to struggle financially as they try to heal. Mr. Gasparian has a long track record of helping Santa Clara County victims earn full support that allows them to afford the care they need and to get back on their motorcycles.

We’re pleased to offer free consultations and case reviews to all Gilroy accident and injury victims. Tell us what happened and how your injury has affected your life. There’s no obligation for this meeting. We can answer all of your questions. And if we can’t help you earn more for your injury claim, we’ll tell you that and direct you on how to file a successful claim yourself.