A motorcycle is a wonderful form of transportation and is a great way to take in the scenery of California’s coast in the communities around San Jose. However, not all drivers share the road responsibly, which can lead to accidents and injuries.
When you have been injured in a motorcycle crash, you deserve to focus on recovering. A San Jose motorcycle accident lawyer from our firm can assist you by negotiating with the insurance company and other lawyers, calculating damages, and, if necessary, protecting your rights in a courtroom. Contact the Valero Law Group today to begin reviewing the details of your situation with an experienced personal injury attorney.
Common Injuries After a Motorcycle Wreck
Injuries sustained while riding a motorcycle can be relatively more severe than in other vehicles due to the motorcycle’s smaller weight and the lack of restraints and protection for the rider, such as seat belts, airbags, and roll cages. The types of injuries will vary depending on the context of the collision, but the harm that bikers commonly experience after a crash often includes:
- Road rash
- Broken bones
- Lacerations
- Burns
- Traumatic brain injuries
- Internal injuries
- Spinal cord injuries
- Paralysis
When another driver is at fault, the amount of compensation that a biker receives will be tied to the losses they sustain. This may consist of items such as past and future medical expenses, costs of rehabilitative devices, pain and suffering, disfigurement, and any loss of income due to an inability to perform the same work as before the accident. The dollar amounts of some of these items can be difficult to determine, but an experienced motorcycle wreck attorney in San Jose can help an injured person calculate and seek an appropriate level of damages that will fairly and fully compensate them for the losses they incurred.
Common Causes of Motorcycle Accidents
Accidents can happen on any roadway. Motorcyclists are especially vulnerable to wrecks due to the size of vehicles around them and the potential for hazards. Several factors can increase the likelihood of a hazardous collision between other vehicles and motorcycles. Some factors include:
- Excessive speeding
- Unsafe lane changes
- Failure to follow traffic signals or stop at intersections
- Failure to check blind spots
- Careless driving
- Reckless driving
- Driving while under the influence of alcohol or drugs
- Distracted driving
- Road defects and hazards on the road
- Road construction
- Poor weather conditions
If another driver takes their attention off the road due to carelessness, intoxication, or any other reason, the results can be catastrophic for motorcyclists in nearby lanes. In these situations, lawyers will seek to prove negligence on the part of the at-fault driver. Once negligence and liability have been proven, the next step is to evaluate damages for the injured victim.
Challenges with Insurance Companies
Insurance companies will often attempt to assign fault to accident victims when the cause of the accident is unclear. If the accident victim shared responsibility for the accident’s cause in any way, insurance companies will use that to try to minimize or even deny claims. This is why, after an accident, it is important not to take blame or admit any percentage of fault for the accident and to work with a skilled San Jose motorcycle accident attorney as soon as possible.
What Damages Can I Seek in a Motorcycle Accident Claim?
Generally, motorcycle accident victims can claim two different types of damages: economic and non-economic. Economic damages are the actual financial costs of an accident, including medical bills, lost pay due to injury, travel expenses, and other costs required due to someone else’s negligence. Economic damages can be proven through documents such as invoices, receipts, and pay stubs.
Non-economic damages include emotional distress, pain and suffering, and other “unseen” costs of an accident. Often, these damages can be much higher than the actual monetary losses a person suffers. When a devastating motorcycle accident impacts a person’s health, livelihood, career, and mental well-being, an experienced injury lawyer will pursue non-economic damages to the fullest extent possible.
Even when liability is easy to prove in a motorcycle accident case, damages can be the hardest part of the battle. Accident victims need to be compensated not only for the losses they suffered at the time of settlement, but for future losses and ongoing consequences as well. Experienced San Jose motorcycle accident attorneys know how to look out for their clients in this regard.
Motorcycle Regulations
California has several rules and regulations in place that impact how motorcyclists should ride. A San Jose attorney with experience handling motorcycle wrecks can help an injured person understand laws relevant to their situation and the impact the laws might have on their case; however, some of the laws it is good for all riders to be aware of include:
- California Vehicle Code § 27801 provides that the handlebars on a motorcycle cannot be positioned such that the grips are over six inches above the rider’s shoulder, and that the motorcycle’s seat must be low enough that the rider can reach the ground with their feet while sitting
- California Vehicle Code § 27803 requires that all people riding a motorcycle, regardless of age, whether the driver or passenger, must wear a helmet meeting the safety requirements established by law
- California Vehicle Code §21658.1 unlike most other states, California allows motorcyclists to drive between two lanes of traffic; however, they must still be careful to do so in a manner that does not degrade the safety of either the cyclist or the people in the surrounding cars or vehicles
It is important that all cyclists be aware of and comply with these rules because they are intended to promote the safety of the rider and their passengers. Additionally, compliance with these rules can lessen the chances that the motorcycle rider is found to be at fault for an accident, which in turn will increase the rider’s likelihood of securing a sufficient recovery for their injuries.
Should I Hire an Attorney After a Motorcycle Accident?
Motorcycle accidents can involve complex facts and detailed evidence to establish how the accident occurred and determine who was at fault. Accident victims are not required to hire a lawyer to file an accident claim with an insurance company or to file a lawsuit in court. However, an experienced motorcycle accident attorney in San Jose will be familiar with the issues that can arise in a motorcycle accident case and know how to address them effectively.
Knowledgeable lawyers can take some of the following steps for their clients:
- Investigating all facts and evidence related to the crash
- Determining liability and identifying the at-fault driver
- Building a strong legal theory of the case to prove liability and collect damages
- Hiring experts to prove how the accident happened and who was at fault
- Analyze the economic and non-economic damages an accident victim should rightfully be entitled to in their claim
- Dealing with stubborn insurance companies and difficult attorneys on the opposing side
- Filing a lawsuit and handling all phases of the case, all the way to trial when necessary, to seek justice.
Proven motorcycle accident lawyers know how painful, stressful, and confusing the time after an accident can be. An attorney will also know what financial compensation could be available for their clients based on the facts of an accident.
Contact a Motorcycle Crash Attorney in San Jose
Motorcycle wrecks can result in serious injuries. When you are involved in an accident while riding, you deserve an attorney who cares about getting you the help you need and will do their best to help you protect your legal and financial right to recover for your losses so you can focus on healing.
Call a San Jose motorcycle accident lawyer today to find out what they can do in your situation. Our team is always available, can arrange for transportation for you, or can even come directly to you if you are unable to easily get around.
