Motorcyclists have a lot of scenic and challenging routes to choose from in the area, including Highway 9 into the mountains and over Alum Rock Road. Some riders may simply take their motorcycles to work every day.
No matter how they chose to get their rides in, motorcyclists in Santa Clara County deserve a safe ride and to come home safe and sound. That isn’t always the case when San Jose drivers allow themselves to become distracted and reckless around riders.
The San Jose Motorcycle Accident Lawyers at Maison Law take great pride in safeguarding riders who are injured by careless drivers. We fight to get injured patients all of the support they need to heal and get back on their bikes again.
Schedule a Free Case Review with a San Jose Motorcycle Accident Lawyer
After a motorcycle crash injures you or a loved one, you may not know where to turn for help. You’ll likely know what’s needed to pay your hospital bills, but you may not realize how much support you’ll require to rebuild your life and get back on your bike.
That’s why it’s so important to schedule a free case consultation with a skilled San Jose Motorcycle Accident Lawyer. It’s a no-risk opportunity to learn about the support that’s possible through a motorcycle accident injury claim.
Motorcycle Accident Dangers in San Jose
San Jose is already a dangerous place for all motorists, but motorcyclists in particular have to be cautious around local drivers. Drivers in a rush on the Almaden Expressway or on Story Road can fail to check mirrors and blind spots before they swoop into another lane. This quick action might force them to miss the smaller profile of the motorcyclist beside them.
Drivers making a left turn can also fail to spot the motorcyclists coming straight at them. They can start their long, wide turn right in front of a rider who has little hope of slowing down and no room to steer clear of a devastating collision. Drivers also commonly ram motorcyclists from behind when they are staring into a cell phone instead of at the slowed traffic in front of them.
According to California’s Transportation Injury Mapping System (TIMS), San Jose recorded at least 88 motorcycle accidents in 2021 that resulted in serious injuries. Tragically, six fatalities resulted from those crashes.
What To Do After a San Jose Motorcycle Accident
Motorcyclists travel without the protection of seat belts, airbags, and metal walls. In any collision, the chances of a traumatic motorcycle injury are great. Broken bones, traumatic brain injuries, and worse are all possible.
That’s why it’s so important to make sure riders earn enough in compensation to pay for care now and perhaps months down the road. A motorcycle accident lawyer investigates every accident and constructs a strong case so that insurance companies can’t try to shift blame to a motorcyclist. They like to do this by playing on stereotypes about reckless motorcycle riders. It’s ridiculous and a skilled attorney won’t let them get away with it.
Your lawyer will be gathering all documents, medical records, and witness testimony available to build your case, but some of the best evidence will be found on the scene of your crash. If you are left strong enough, you should try to gather certain details at the site, once it’s secure.
Make sure to collect these details and others after a motorcycle collision:
- Dial 911 and inform San Jose Police or the CHP about everything you observed before the accident. Let them know if you saw the driver holding a cell phone or behaving aggressively. Officers will be writing up a collision report that provides evidence for your case.
- Get every injury checked out by EMTs and go to the hospital if necessary. If you must leave the scene, ask someone with you or a helpful witness to take some photos for you.
- Get cell phone images at the scene. Show the car that hit you, the damage to your motorcycle, and any visible injuries. Take photos of any traffic signs and lane markings that are related to what happened. Show yourself with a helmet if you were wearing one. Take pictures of any visible injuries.
- Get contact information from witnesses. Your San Jose Motorcycle Accident Lawyer will be calling on them to provide important testimony.
- Exchange information with everyone involved if officers don’t provide this information to you. Be careful what you say around the driver. You may say “I’m fine” and “my bad.” Insurance companies can twist these statements to try to use as evidence that you weren’t hurt at all and that you were fully at fault.
- Get checked out by your own physician. Follow recommendations the doctor makes including going to physical therapy and visiting specialists.
- Hang on to your damaged motorcycle. Keep any damaged clothing and personal items, including your helmet. Don’t wash bloody clothing. Preserve it.
Getting the Most Out of Your San Jose Motorcycle Accident Injury Claim
To maximize the compensation you receive, your attorney will secure proof of every financial damage you’ve suffered since the accident. Your non-financial damages will also earn additional money in a motorcycle accident settlement.
The amount on your settlement check will be determined by these factors and more:
- Totals on medical bills and physical therapy expenses.
- Estimated costs for a lifetime of care and support for a permanent physical disability.
- Wrongful death benefits. Families can earn support after losing a loved one in a tragic motorcycle accident. The support can cover the cost of burial and any remaining ambulance and hospital bills. Families should also earn support to cover the loss of the income the deceased would have contributed in the years to come.
- Compensation for the physical pain endured in recovery and perhaps bouts of chronic pain in the future.
- Emotional trauma. Depression and anxiety can affect victims who may suffer a loss of enjoyment of life in recovery while unable to get back on a motorcycle. Crash victims can also suffer PTSD symptoms stemming from the moment of impact.
- Past and future lost earnings and benefits while victims are forced to miss work hours.
- Money for a new motorcycle.
Frequently Asked Questions
How Long Do I Have to File a Motorcycle Injury Claim in San Jose?
Two years. California sets the statute of limitations on a personal injury case at 24 months. If you wait beyond two years, you usually won’t be allowed to seek compensation for your hardships.
Can I ask for injury support if I wasn’t wearing a helmet in a motorcycle accident?
Yes. You may not have been wearing a helmet, but that doesn’t get an at-fault driver off the hook for all liability. You can still ask for help with your recovery costs.
Will I have to go to court to earn compensation for my motorcycle accident?
Not usually. Insurance companies try to avoid going to court because it’s expensive. They may be more willing to offer you a fair settlement rather than face a judge. If they don’t treat you fair, your lawyer will be ready with a lawsuit.
Contact a San Jose Motorcycle Accident Lawyer
Take advantage of a free case consultation from Martin Gasparian, the founder of Maison Law. This accident case evaluation comes with no obligation to you or your family. Make sure you are treated fairly and receive the support you need to fully recover and get back on your motorcycle again.
And if you decide you’d like a skilled San Jose Motorcycle Accident Attorney to handle your accident claim, you won’t need any money now. The attorneys at Maison Law are paid out of your motorcycle accident settlement award only after they win your case for you.
