We know that at-fault parties and insurers won’t just hand you your compensation for injuries, or property damage without a fight. Yet you could suffer with agonizing pain, have mounting medical debt, or cannot work.
If a San Jose motorcycle accident injured you, Our San Jose Motorcycle Accident lawyers Galine, Frye, Fitting & Frangos are here to help. Our 150 years of combined experience has covered motorcycle accident claims ranging from road rage to wrongful death, with over $1 billion in compensation collected. This makes us an ideal choice to maximize recovery to and after your San Jose motorcycle accident. Contact us today for your free case evaluation—the first session is on us.
We go above and beyond to advocate for the compensation you deserve because we understand the hardship you face and how crucial a financial recovery may be. Contact us today to schedule a consultation with our San Jose personal injury attorneys to get started.
San Jose Motorcycle Accident Statistics
San Jose, CA, has some of the top legendary scenic highways perfect for motorcyclists. Unfortunately, California’s notorious traffic levels affect motorcyclists and drivers by creating a safety hazard.
In recent years, motorcycle accident injuries increased from 82,000 to 84,000 victims. Generally, California is ranked as one of the most dangerous states to ride motorcycles in.
The absence of airbags and seatbelts exposes motorcycle riders to road safety hazards. According to U.S. National Highway Traffic Safety Administration (NHTSA) statistics, fatal accidents are 35 times more likely to occur to motorcycle riders. In addition, riders are at a 16 times higher risk of getting an injury.
5 Causes Motorcycle Accidents in San Jose?
Motorcycle accidents are increasing in California as more people buy motorcycles. The causes of motorcycle accidents in San Jose vary across incidents. At Galine, Frye, Fitting & Frangos, our San Jose motorcycle accident lawyers treat every accident uniquely, especially since the details of each accident vary.
Each motorcycle accident can vary depending on the cause of the accident. Below are the common causes of motorcycle accidents in San Jose, California.
1. Collisions With Large, Commercial Trucks
Large trucks are hard to maneuver. They also have large blind spots and take up plenty of road space. Riding behind or approaching a truck can cause a motorcycle accident if the trucker isn’t aware of the immediate surrounding.
2. Distracted Drivers
Motorists can be distracted in several ways, such as by using phones or eating while driving. This leaves a small window to effectively control a pending car-motorcycle collision, especially since drivers admit they never expected to see a motorcycle on the road.
As a biker, you have just as much right of way, and drivers owe you a duty of care. Therefore, you have a legal standing if you can prove in court that the motorist causing the accident denied you the right of way, possibly due to being distracted.
3. Driverless Technology
Though not a prevailing cause of motorcycle accidents, driverless technology can still cause motorcycle accidents. Road usage requires users to have proper motor skills and the ability to make good judgment calls. Since autonomous vehicles—which are still largely in production—can’t always make such calls, motorcycle accidents can happen. A San Jose motorcycle accident lawyer can help you sue the at-fault party and file a claim for compensation in case of injury or property damage.
4. Reckless Driving
Reckless driving exists in many forms, such as over speeding, running a red light, or ignoring road signs. This puts other road users, such as motorcyclists, at huge risk of road accidents. If you’ve lost a loved one due to a reckless, over speeding driver, our San Jose motorcycle accident attorney can help you sue for wrongful death and help you get justice and compensation.
5. Mechanical Defects
Sometimes the cause of a motorcycle accident has nothing to do with drivers, road conditions, or the weather. In some cases, a mechanical defect present in the motorcycle can be the leading cause of the motorcycle accident.
If injuries result from motorcycle accidents caused by mechanical defects, a victim has the right to file for rightful compensation. Most of these mechanical defects can be detected and should be fixed by the motorcycle lawyer.
However, if the mechanical failure results from a construction or design defect, a victim can file a product liability lawsuit against the bike manufacturer for compensation. An experienced San Jose motorcycle accident lawyer from Galine, Frye, Fitting & Frangos can help you file your suit successfully and claim rightful compensation.
Other causes of motorcycle accidents include:
- Lane switching
- Lane splitting
- Left turn accidents
At Galine, Frye, Fitting & Frangos, our motorcycle accident lawyers in San Jose can handle all types of motorcycle accident claims.
Common San Jose Motorcycle Accident Injuries
Unfortunately, motorcycles lack protective structures like cars and trucks. As such, riders are more likely to sustain severe injuries from accidents than motorists.
At Galine, Frye, Fitting & Frangos, our San Jose motorcycle accident attorneys have handled cases involving:
- Spine and head injuries
- Broken bones
- Internal organ injury
- Lower extremity injuries, etc.
Our San Jose motorcycle accident lawyers understand the severe and life-changing nature of motorcycle accidents. As such, we fight for motorcycle accident victims to help them get the compensation they deserve.
Damages to Recover in a San Jose Motorcycle Accident
Our experience handling multiple motorcycle accident claims has successfully helped previous clients get fair compensation and damages.
Here are the damages we can help motorcycle accident victims to recover:
- Lost future earnings
- Property damage
- Pain and suffering
- Lost wages
- Medical costs
- Permanent disfigurement
- Motorcycle repairs and replacements.
How a San Jose Motorcycle Accident Lawyers Can Help
Have you been involved in a motorcycle accident? Our San Jose motorcycle accident lawyers can help you through every step of the way as you focus on recovering from sustained injuries and trauma.
Here is what to expect from an experienced motorcycle accident lawyer in San Jose:
Explain your rights
It can be challenging to know who to turn to first in case of a motorcycle accident, and you will likely have many questions. A San Jose motorcycle accident lawyer can guide you by helping you understand your legal rights and every critical detail of your case.
Build your motorcycle accident case
You will need to gather the evidence before filing your motorcycle accident claim with the at-fault driver’s insurer.
More importantly, the evidence must prove:
- The motorcycle accident happened and resulted in injury and/or damage
- The at-fault driver’s negligence caused the accident
- You suffered injuries from the accident.
Our San Jose motorcycle accident attorneys understand such requirements and can help you collect evidence to support your motorcycle accident case. As such, the motorcycle accident lawyer will collect video and photo evidence of the accident scene.
They will also:
- Get copies of police reports
- Take eyewitness statements
- Obtain medical records and receipts.
Your motorcycle accident lawyer from Galine, Frye, Fitting & Frangos will then use all the available information and resources to build and file a strong case against the at-fault driver and possibly their insurers.
Negotiate for a Fair Settlement
The insurance company will review and respond to your insurance claim. You need an experienced motorcycle accident lawyer to help you counter the insurance company’s counter offer, which is usually a lowball amount that may not cover all your damages and injuries. A San Jose personal injury lawyer can help negotiate a settlement amount fairly based on your covering your damages.
Represent You in Court
A motorcycle accident case can end in a settlement, especially if an experienced San Jose motorcycle lawyer is involved. Unfortunately, in some cases, the insurance companies may not agree to a settlement that is good enough. In such cases, your lawyer will advise filing a lawsuit.
A San Jose motorcycle accident lawyer will represent you through each step of the lawsuit. The lawyer can also attempt to negotiate a settlement along the way on your behalf.
What is the Statute of Limitation for Filing A Motorcycle Accident Claim in San Jose?
A motorcycle accident victim has exactly two years from the accident date to file a personal injury claim in San Jose, California. An experienced and resourceful San Jose motorcycle accident lawyer can help you file a claim, gather evidence, and negotiate settlements in a reasonably short time to avoid getting locked out by the statute of limitations.
Can You Sue for Wrongful Death in a San Jose Motorcycle Accident?
Fatal motorcycle accidents caused by a different party can qualify the deceased’s surviving family member to file for a wrongful death lawsuit in San Jose, California. In case you lose a loved one due to negligent and reckless driving from another motorist, you can sue for wrongful death in a San Jose motorcycle accident claim.
A San Jose motorcycle accident lawyer from Galine, Frye, Fitting & Frangos can help you determine whether you have a claim and can file a suit.
How Wrongful Death Claims from Motorcycle Accidents Work in San Jose, CA
The claim usually arises when the deceased victim would have had a valid personal injury claim had they survived the motorcycle crash/ accident.
Who Qualifies to File a Wrongful Death Claim in San Jose, CA?
Only select persons are entitled to file a wrongful death lawsuit in California. The California Code of Civil Procedure (CCP) §377.60 lists parties that bring a wrongful death claim in California.
- The deceased’s domestic partner
- The deceased’s surviving spouse
- The deceased’s children
- Anyone entitled to the deceased’s estate by intestate succession.
Regardless, if you’re a relative of a deceased person due to a motorcycle accident, our San Jose motorcycle accident lawyers can help you determine whether you qualify to file a wrongful death claim and seek to recover damages.
What Compensation Can You Claim from A San Jose Motorcycle Accident?
The financial burden of the death of a loved one can be massive. In case the deceased was the main breadwinner, the family could face unexpected financial hardship besides the grief. Fortunately, these victims can sue for wrongful death in a motorcycle accident claim.
In case another driver’s reckless driving resulted in the death of your loved one, you could sue for:
- Funeral and burial costs
- Lost income and lost
- Loss of parental guidance
- Loss of love and companionship
- Medical expenses incurred before the victim’s demise.
A San Jose motorcycle accident lawyer can advise you on the compensation types you can seek in your wrongful death claim.
How Much Compensation Can You Claim from A Motorcycle Accident?
The amount you can claim from a motorcycle accident will depend on the circumstances of the case. However, the law is supposed to repay you to cover all your losses resulting from the accident. As a claimant, you receive the amount you can prove you suffered from the motorcycle crash.
You can show things like lost wages and medical bills. Intangible injuries can be challenging to prove. A San Jose motorcycle accident lawyer can help you get the maximum compensation for your motorcycle accident claim.
What Should You Do After a Motorcycle Accident?
Your safety should be your top priority after a San Jose motorcycle accident. The first and most important step is to get out of harm’s way to avoid additional injuries.
Once you’re in safety, call the police while ensuring you don’t change key details of the accident scene. While waiting for authorities, you can take photos or video evidence of the accident scene. Document everything, including the road and weather conditions. Ask drivers and witnesses for their contact and insurance information. You can also request a copy of the police report.
Alternatively, you can contact a San Jose motorcycle lawyer from Galine, Frye, Fitting & Frangos to help you deal with the bulk of the processes. Our motorcycle accident lawyers in San Jose can help you deal with the aftermath of a motorcycle accident.
Contact a San Jose Motorcycle Accident Attorney
Are you seeking legal representation or advice after a motorcycle accident in San Jose, CA? Galine, Frye, Fitting & Frangos is a top law firm with decades of combined experience in personal injury cases. We can help you file accident lawsuits, seek compensation, and negotiate settlements.
If you’ve been a motorcycle accident victim, our lawyers can help you sue the at-fault drivers, seek compensation, and negotiate possible settlements with the insurance companies. Contact Galine, Frye, Fitting & Frangos online at (650) 345-8484 for your consultation with an experienced San Jose motorcycle accident lawyer.