If you were recently in a San Jose motorcycle crash, you have likely found that your entire life has changed. For starters, motorcycle collisions can cause the most severe injuries.
Trying to haggle with an insurance company to properly handle your claim can be an absolute nightmare. Insurers will blame the motorcyclist for the crash. Additionally, the insurance adjuster will also try to reduce the value of your claim if you were not wearing a helmet or certain 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 crash lawyer from Golden State Lawyers, APC, you put yourself in the best position possible to recover the comprehensive compensation you deserve. Our lawyers have experience investigating complex motor vehicle collision cases including those involving motorcycles.
We can investigate the cause of your crash and fight to hold the liable party accountable. While you heal, we can stand up for you in negotiations and file a lawsuit on your behalf if negotiations fail.
How We Assist Injured Clients
At Golden State Lawyers, we fight for full compensation for all of our injured clients including those injured in motorcycle crashes. While insurance companies might make quick offers, these settlement offers are usually far too low to cover your losses. It’s a common tactic for insurers to try to buy off your claims quickly and cheaply. As soon as you have legal representation, insurers know that they cannot trick you into accepting an inadequate amount, and our attorneys will skillfully negotiate for an amount that covers your past and future losses.
While past case results are never a guarantee of future outcomes, they are an example of the dedication of our legal team and our ability and reputation to take your case to trial if necessary when so many others won’t.
Some past case results include:
- $2,000,000 for a family in a wrongful death claim after an adult child died in a motorcycle accident;
- $45,000,000 for a client who suffered brain and spinal injuries in a truck collision;
- $8,100,000 for a pedestrian who suffered brain injuries after a car hit them;
- $2,400,000 for a client who sustained multiple injuries in a traffic crash.
These are only some of the many successful settlements and verdicts we achieved for past clients. Please reach out to discuss how we might help you following your motorcycle crash.
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 twist this statement into an admission of fault—even if you didn't cause the crash. In this case, the best thing you can do is 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 offer you compensation. However, this offer likely will not include all of the compensation you deserve. Insurers are notorious for undervaluing claims to save money and pad their profit margins.
Our San Jose personal injury attorneys 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 go out of their way to drive dangerously.
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 shift blame for the wreck onto the motorcyclist.
The insurance adjuster may also 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, you need our San Jose motorcycle accident lawyers. 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 how you are a responsible rider who abides by the rules of the road, helping to break any negative stereotypes that may otherwise influence the 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 San Jose 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 of a giant pothole.
If hazardous road conditions led to the accident, the driver didn't cause your crash. The fault would actually rest with the government. Your attorney would need to help you file an injury claim against the government 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, car drivers often do not pay enough attention when 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 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 turn after misjudging the 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 were 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 them, they’re very important, aren’t they? Even a small road hazard can lead to a motorcycle collision. You can hold the government liable if it failed to maintain the roads and keep them safe for bikers and other motorists.
- Faulty Motorcycle Parts - When you purchased your motorcycle, you probably expected it to work as it was designed. If defective parts led to your motorcycle accidents and injuries, you can file a claim against a negligent manufacturer.
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, you may need to name the motorcycle manufacturer in your injury claim. Similarly, if you were in a crash due to poor road conditions, such as potholes, then you may hold the city government might.
Motorcycle accident injuries are often especially severe. This is due to the lack of protection the biker has. Automobile drivers, for example, are in vehicles, so they have the protection of seat belts and airbags. Motorcycle riders, on the other hand, only have their helmet and any other protective gear they wore.
Some of the more common crash injuries that a San Jose motorcycle accident lawyer from Golden State Lawyers, APC can assist with include:
- Head and Brain Injuries - Concussions are the most common motorcycle accident injury. 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 from the crash.
- Neck and Spine Damage - Spinal injuries are also common, and in their most severe instances, they can cause partial or full paralysis. Even an incomplete spinal injury can require extended hospitalization and keep someone out of work for a long time.
- Biker’s Arm - This refers to nerve damage to a motorcycle rider’s arm after the accident flings them from the bike. You may instinctively try to 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 an accident ejects a biker from a motorcycle and flings them across the concrete or asphalt, they can sustain serious skin and nerve damage. Depending on the thickness of your clothing, you could end up scraping away layers of skin, which could result in nerve damage.
Fractures - Motorcyclists can fracture arms, legs, pelvis, jaw, facial bones, hips, collarbone, and other areas that require surgery to repair.
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 want more information, please contact our office to speak with a motorcycle accident lawyer.
Will it hurt my claim if I was not wearing a helmet during my San Jose motorcycle crash?
Depending on your injuries, not wearing a helmet could hurt your claim. If you suffered damage to your head, brain, or face, a court may find you partially responsible for not protecting yourself. This could reduce your potential financial award, but you can probably still seek compensation.
What do I do doctors needed to amputate a limb because of a San Jose motorcycle wreck?
If someone else caused the crash, then you can seek compensation for any financial damages and non-economic losses caused by the 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 San Jose 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 deserve compensation for them.
PTSD can cause many debilitating symptoms, including fear of ever riding a motorcycle again or even being in traffic. Needless to say, this can alter your life and the activities you enjoy. Often, people require extended psychological treatment to overcome the effects of PTSD.
Do I have to go to court to win fair compensation for my San Jose biker crash case?
In most cases, you won't need 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, 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 obtain full compensation for all of your losses as quickly as possible.
Should I speak with the insurance companies?
You may feel tempted to speak to the negligent party’s insurance adjuster assigned to your claim, but divert 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 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 you file a claim with the insurance carrier of the other party involved in the motorcycle accident, you may receive a call from the insurance adjuster 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 accident scene and the damage to the vehicles involved, interviewing you and the other parties involved in the accident, reading the filed police report, and reviewing any medical documentation you submitted after the accident. 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. Your lawyer will calculate 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, commissions, 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 incurred due to a motorcycle accident, consider general damages as well. These are often called non-monetary or non-economic damages because they account for the additional impacts of an accident that typically do 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. They 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 after your motorcycle accident.
I haven’t been able to work due to my San Jose 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 compensation for such losses.
Lost income refers to the money that you would have made but for the accident, and often includes lost benefits, retirement, commissions, and bonuses. 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 increases 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.
Get Help From a Local San Jose Motorcycle Crash Attorney Today
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 Golden State Lawyers, APC can help you get the full compensation you deserve. Give us a call at 408-279-4222 or fill out an online contact form for your free consultation.