San Jose Motorcycle Accident Lawyer
After being hurt in a motorcycle wreck in San Jose, you deserve compensation for the resulting financial expenses and lost quality of life. Get the most for your claim by working with a Bohn & Fletcher, LLP motorcycle accident attorney.
Table of Contents
- Battling Insurance Companies after Your Motorcycle Crash?
- Overcome Bias against Bikers
- Common Causes of Motorcycle Wrecks in the Bay Area?
- Motorcycle Collision Statistics in San Jose
- What Are Common Injuries Sustained in Motorcycle Collisions?
- FAQ’s for San Jose Motorcycle Accidenst
- Get Help from a San Jose Motorcycle Crash Attorney Today
If you were recently involved in a San Jose motorcycle crash, then you have likely found that your entire life has changed as a result. For starters, it is not uncommon for the victims of motorcycle collisions to sustain severe injuries.
On top of that, trying to haggle with an insurance company to properly handle your claim can be an absolute nightmare. Insurers often try to blame the motorcyclist for an accident. Additionally, the insurance adjuster may try to improperly reduce your compensation if you were not wearing a helmet or protective gear.
Therefore, to protect your right to full compensation, you should work with a qualified attorney.
When you turn to a San Jose motorcycle accident lawyer from Bohn & Fletcher, LLP, you put yourself in the best position possible to recover the comprehensive compensation you deserve. Our lawyers have experience investigating complex accident cases, including those involving motorcycles.
We can investigate the cause of your wreck and fight to hold the liable party accountable. While you heal, we can stand up for you in negotiations and may be able to file a lawsuit on your behalf if negotiations fail.
Insurance companies will often do everything they can to minimize the payout they are responsible for after an accident. As such, they might try to trick you into saying something in a recorded statement soon after the crash.
Then, they may try to twist this statement into some sort of admission of fault—even if you obviously were not responsible for the crash. In this case, the best thing you can do is to refuse to give a statement. Instead, instruct any insurance representatives to get in touch with your lawyer for any questions they may have.
You may also find that the insurance company will, in fact, make you an offer for compensation. However, this offer likely will not include all of the compensation you deserve. Insurers are notorious for undervaluing claims so that they can save money and pad their profit margins.
Fortunately, your San Jose motorcycle accident attorney will know how to negotiate with your insurance company to help you get the full value of your damages and not just what the insurance wants to pay you.
Sadly, there is a popular stigma regarding motorcycle drivers. Many people believe that bikers are inherently reckless and that they go out of their way to be dangerous on the roads.
In most cases, this could not be further from the truth. Motorcycle riders, just like any other motorists on the road, must go through training and licensing to operate their vehicles. As such, they are just as qualified to be out on the streets as anyone else.
However, insurance companies and opposing attorneys are quick to take advantage of prejudice against motorcyclists anyway. They may use this bias to try to shift blame for the wreck onto the motorcyclist.
The insurance adjuster may also try to imply that you or the motorcyclist are somehow responsible for the injuries by choosing to ride a motorcycle, which offers less protection than a car.
When dealing with this issue, a San Jose motorcycle accident lawyer is absolutely essential. We will ensure that your claim proves who was really at fault.
Our law firm will also pull all the evidence and information available to showcase the injustices and untruths of this stereotype. We will demonstrate all of the ways in which you are a responsible rider who abides by the rules of the road, helping to break any negative stereotypes that may otherwise influence the end result of your claim.
Determining the cause of your accident depends on the conditions in which the collision took place. For example, if your crash involved another vehicle, then your San Jose motorcycle accident lawyer will make a point of investigating and proving how the other motorist was at fault.
Investigating your case is an important part of the motorcycle crash claim process. You must figure out what caused the accident so that you will know who was liable. It’s not always the other motorist who’s to blame for the accident. In many situations, an outside factor could have caused your wreck.
For instance, the driver who collided with you could have lost control of their vehicle because there was a giant pothole in the middle of the road.
If hazardous road conditions led to the accident, then the driver wouldn’t be to blame for your crash. The fault would actually rest with the government. Your attorney would need to help you file an injury claim against the government in order to get you the compensation you deserve for your injuries.
Proving your case can be difficult, so the more evidence you have, the better. One of your San Jose biker wreck lawyer’s duties is to gather evidence that will help win your case.
Your lawyer will collect evidence, such as witness statements, photo evidence, video of the accident or crash scene, physical evidence, medical evidence, and crash scene experts’ statements. All of this evidence will help prove fault and help you secure the compensation you deserve for your San Jose motorcycle accident.
The following are some of the different causes of motorcycle crashes in San Jose, California:
- Improper Lane Changes – Unfortunately, motorists in cars often do not pay enough attention when they are changing lanes. This becomes especially problematic when motorcycles are a part of the picture. The small size of motorbikes may give drivers the false impression that they have room to pass when they actually do not, resulting in a collision.
- Left-Hand Turns – Among the most common causes of motorcycle collisions, improper left-hand turns made by car drivers are incredibly dangerous. These usually occur when a driver attempts to make a turn after misjudging the amount of space between the car and the motorcycle. Alternatively, a negligent driver may fail to correctly judge the motorcycle’s speed.
- Rear-Ending – If a car driver was following behind a motorcycle and rear-ended it because of a short stop, then the result may be significant injuries for the motorcycle driver.
- Distracted Driving – People have gotten into the bad habit of not paying attention to the road. More and more people are being injured in accidents that never should have happened. If everyone put their phones and other distractions away and paid attention to the road, these types of accidents would never occur.
- Reckless Driving – Speeding, tailgating, and swerving in and out of traffic are some examples of reckless driving. When people make the poor decision to drive dangerously, they can harm others. You can file a claim against a reckless driver to hopefully teach them a lesson about how their actions affect others.
- Hazardous Roadways – Most of us don’t think much about the roads we drive on, but when you stop to think about it, they’re very important, aren’t they? Even a small road hazard can lead to a motorcycle collision. The government can be held liable if they fail to maintain the roads to keep them safe for bikers and other motorists.
- Faulty Motorcycle Parts – When you purchased your motorcycle, you probably expected it to work the way it was designed to. If your motorcycle’s parts are defective, this can lead to accidents and injuries for you. Filing a claim against a manufacturer that was negligent is within your rights.
If your motorcycle crash did not involve another motorist, then your attorney can determine whether another party is responsible.
For example, if your accident occurred because of a malfunction in your bike, then you may need to name the manufacturer of the motorcycle in your injury claim. Similarly, if you were involved in a crash that was due to poor road conditions, such as potholes, then the city government might be liable.
Motorcycle accident injuries are often especially severe. This is due to the lack of protection the biker has. Automobile drivers, for example, are encased in their vehicle, and they have the added protection of wearing a seat belt. Motorcycle riders, on the other hand, only have their helmet and any other protective gear they choose to wear.
Some of the more common crash injuries that a San Jose motorcycle accident lawyer from Bohn & Fletcher, LLP can assist with include:
- Head and Brain Injuries – Concussions are the most common type of injury experienced in motorcycle accidents. The damage that any traumatic brain injury can cause varies immensely from person to person. One motorcyclist might experience mild symptoms, while another may experience extreme brain trauma as a result of the crash.
- Neck and Spine Damage – Spinal injuries are also common, and in their most severe instances, they can cause partial or full paralysis.
- Biker’s Arm – This refers to the nerve damage caused to a motorcycle rider’s arm after being flung from the bike. It is a natural instinct to try and protect yourself by bracing for impact with your arm. Doing so might cause serious injuries to the arms or shoulders as a result, sometimes with permanent consequences.
- Road Rash – When a biker is ejected from a motorcycle and flung across the concrete or asphalt, there is a risk for serious damage to the skin and possibly even the nerves. Depending on the thickness of your clothing, you could end up scraping away layers of skin, which could result in nerve damage.
Do not worry if you have what seems like an endless number of questions regarding your motorcycle crash and injury compensation. The truth is that you should have questions, and the only way to get answers is to ask.
Below, the attorneys at our motorcycle accident law firm have provided a few answers to the most common questions. However, if you would like more information, then please contact our office so that you can speak with a motorcycle accident lawyer.
Will it hurt my claim if I was not wearing a helmet during my motorcycle crash?
Depending on your injuries, the fact that you were not wearing a helmet could hurt your claim. If you suffered damage to your head, brain, or face, then you might be viewed as partially responsible for not taking steps to protect yourself. This could reduce your potential financial award, but it is unlikely to completely prevent you from seeking compensation.
What do I do if I had to have a limb amputated because of a motorcycle wreck?
If someone else caused the crash, then you can seek compensation for any financial damages and non-economic losses caused by loss of a limb. This includes the cost of prosthetics, lost income, emotional distress, phantom pain, and more.
Can I seek compensation for post-traumatic stress disorder (PTSD) after a motorcycle crash?
Motorcycle accidents are often horrific and traumatizing events to live through; therefore, developing emotional disorders such as PTSD and anxiety afterward is not uncommon. These can have a very real impact on your life, and you should be compensated accordingly.
Do I have to go to court to win fair compensation for my San Jose biker crash case?
In most cases it will not be necessary for you to go to court to receive full compensation for your accident and injuries. Your San Jose motorcycle wreck lawyer will do everything possible to reach a settlement agreement with the insurance company. If they refuse to give you the compensation you deserve, then your lawyer could choose to go to court.
How soon should I contact an attorney after the accident?
After a motorcycle accident, reach out to our experienced San Jose motorcycle accident attorneys as soon as possible. A motorcycle accident can cause frustration and fear, but our skilled attorneys will help you through the entire process, allowing you to focus on recovering from your injuries. Our goal is to maximize the value of your claim and to obtain full compensation for all of your losses as quickly as possible.
Should I speak with the insurance companies?
Although it can be tempting to speak to the negligent party’s insurance adjuster who has been assigned to your claim, it is advisable to defer these conversations to your motorcycle accident attorney. One of the insurance adjuster’s objectives is to obtain evidence or statements that can reduce the value of your case
While it might seem completely harmless to have a conversation with the insurance adjuster and to provide your account of what happened during the accident, it is best to let your motorcycle accident attorney handle all communications with the insurance companies. When speaking to a representative from the insurance company, it is possible to accidentally say something that hurts the value of your claim or can unnecessarily complicate things.
Our attorneys have experience communicating with insurance adjusters on our clients’ behalf and we understand the common mistakes to avoid.
What does an insurance adjuster do?
After a claim is filed with the insurance carrier of the other party involved in the motorcycle accident, it is common to receive a call from the insurance adjuster who has been assigned to your claim.
In theory, the insurance adjuster is supposed to be evaluating whether their insured was at fault and the total compensation due for the damages related to your accident. To calculate this figure the insurance adjuster will consider many things. They will claim to perform extensive research that might include inspecting the scene of the accident and the damage caused to the vehicles involved, interviewing you and the other parties who were involved in the accident, reading the filed police report, and reviewing any medical documentation that you submitted after the accident. However in reality, they often disregard important aspects of your case or refuse to fairly evaluate the damages.
If the insurance company fails to fairly investigate and evaluate your claim, we can help.
What type of compensation can I expect to receive after a motorcycle accident in San Jose?
After an accident, you may wonder how much compensation you will receive, especially as costly medical and lost income accumulate. One of the steps that your lawyer will take is to determine the damages resulting from the motorcycle accident. The damages will vary, depending on your situation and the financial impact of the accident.
Some of the monetary damages that you could receive compensation for after a San Jose motorcycle accident include, but are not limited, to:
- Loss of past wages
- Loss of future earnings (for example salary, commission or bonuses)
- Past medical expenses
- Cost of future medical treatment
- Out of pocket economic losses (such as household services)
- Damage to your motorcycle or other property
- Cost of modifications to your living space due to the injury
In addition to these economic or special damages that compensate the injured victim for the expenses that have been incurred due to a motorcycle accident, there are general damages to consider as well. These damages are often referred to as non-monetary or noneconomic damages because they account for the additional impact of an accident that typically does not have a specific dollar value attached.
Common examples of general damages include:
- Pain and suffering
- Physical disfigurement
- Loss of companionship and consortium
- Emotional distress
- Loss of enjoyment of life
Your attorney can evaluate the damages from the accident while reviewing both special and general damages. He or she will use this information to work with the insurance agencies when putting together the total value of your claim. This information will help to fight for the settlement that you deserve in the event of a motorcycle accident in which another liable party caused you harm.
I haven’t been able to work due to my motorcycle accident. Will the insurance company compensate me for my lost income?
If you are injured in a car or motorcycle accident and miss time from work as a result, you might wonder if there is a way to recover the money you would have received if the accident had never happened. Fortunately, the law allows you to recover for such losses.
Lost income refers to the money that you would have made if you had not been injured in an accident, and often includes lost benefits, retirement, commissions, and bonuses as well. Our firm is dedicated to helping our clients who have suffered injuries in a motorcycle accident due to another party’s negligence. We understand that the financial stress of lost wages is made even worse when facing mounting medical expenses. We will work tirelessly to recover the compensation that you deserve.
If you were in a motorcycle accident and believe that the other party involved is liable for your injuries, speak with our experienced San Jose motorcycle accident attorneys.
If you were recently hurt in a motorcycle wreck and are trying to recover, then you do not have to handle your claim alone. You should focus on getting over your injuries and allow a crash attorney to handle your San Jose claim. We can investigate the wreck, gather evidence of fault, file claim paperwork, and handle the insurer on your behalf.
A San Jose motorcycle accident lawyer from Bohn & Fletcher, LLP can help you get the full compensation you deserve. Give us a call at 408-279-4222 or fill out an online contact form to schedule your free consultation.
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