San Jose Motorcycle Accident Lawyer

Compensation Available for A Motorcycle Accident in San Jose

We understand the physical, emotional, and financial challenges that follow a motorcycle accident. Our team is committed to working diligently to recover damages for your pain, injuries, and financial hardships, which may include:

• Medical Expenses:  Covering hospital stays, surgeries, medications, and ongoing treatment.
• Lost Wages:  Compensating for income lost due to your inability to work during recovery.
• Rehabilitation Costs:  Funding for physical therapy and long-term care needs.
• Property Damage:  Repairing or replacing your motorcycle and any other damaged property.

With extensive experience and a deep understanding of San Jose’s motorcycle laws, including helmet regulations, traffic laws, manufacturer recalls, and accident-related statutes, we are equipped to protect your rights and pursue the best possible outcome for your case.

Contact our lawyers now for a FREE CONSULTATION.

Call Our San Jose Motorcycle Accident Lawyers Today

At Thompson Law, we are dedicated to aggressively and efficiently securing a monetary settlement that ensures you receive the medical treatment and rehabilitation services you need while compensating for the financial and personal impact on your life. Our San Jose motorcycle accident lawyers are here to help you recover compensation for medical expenses, lost wages, and other related costs.

Remember, there’s the statute of limitations constraining the time you have to file a personal injury claim. Call our motorcycle accident lawyers in San Jose today for a FREE CASE REVIEW.

Does Not Wearing a Helmet Impact a Motorcycle Accident Injury Claim?

Wearing a helmet is not only a crucial safety measure but also a legal requirement in San Jose. Statistics indicate that 53% of riders fatally injured in crashes were not wearing helmets. Under California law, all motorcycle riders and passengers are required to wear a Department of Transportation (DOT)-compliant helmet.

If you suffer a head injury in a motorcycle accident and were not wearing a helmet, it could affect the amount of compensation you receive. For injuries unrelated to the head, helmet usage typically does not influence the outcome of your case.

Regardless of helmet use, if you were injured in a motorcycle accident caused by someone else’s negligence, it’s essential to consult with our San Jose motorcycle accident attorneys. We offer a FREE CONSULTATION to evaluate your case and guide you through the legal process.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Jose motorcycle accident lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

San Jose Motorcycle Helmet Laws

San Jose enforces strict motorcycle helmet laws to enhance rider safety. Under California Vehicle Code Section 27803, all motorcycle operators and passengers must wear a safety helmet, regardless of age or experience.

Helmet Requirements

The law requires the use of helmets that meet U.S. Department of Transportation (DOT) standards. DOT-compliant helmets are designed to provide complete protection in the case of a crash, reducing the chances of severe head injuries or fatalities. Features of compliant helmets include:

• Inner Liner:  A firm polystyrene foam liner at least one inch thick.
• Chin Strap:  A sturdy strap with solid rivets to secure the helmet.
• Weight:  A minimum weight of approximately three pounds.
• Design:  No protrusions exceeding two-tenths of an inch from the helmet’s surface.

Penalties for Non-Compliance

Failure to wear a helmet can result in:

• A traffic citation with fines that range between $10 to $250 or more, depending on the circumstances.
• Points added to your driving record, which could have an impact on your insurance rates.
• Increased liability in an accident, as not using a helmet could affect your ability to recover damages for head injuries.

How Helmet Use Affects Accident Claims

Wearing a helmet can significantly strengthen your injury claim following a motorcycle accident. If you weren’t wearing a helmet and sustained a head injury, insurance companies might argue that your injuries were exacerbated by your failure to comply with helmet laws, potentially reducing your compensation.

However, if your injuries don’t involve the head, such as broken bones or spinal injuries, lack of helmet use may not impact your claim. An experienced motorcycle accident attorney can help you to advocate for fair compensation.

San Jose Motorcycle Accident Statistics

Being aware of the landscape of motorcycle accidents in San Jose can highlight the importance of safety measures and legal recourse. Here are some statistics regarding motorcycle accidents in San Jose.

• Fatal Motorcycle Crashes:  In 2021, San Jose experienced a record high of nine motorcycle fatalities.
• Serious Injury Crashes:  Factors such as unsafe speed, improper turning, and violations of right-of-way are leading causes of serious injury crashes involving motorcyclists.
• Crash Locations:  A significant number of fatal crashes occur in urban areas, with major roads and intersections being common sites for these incidents.
• Peak Times:  Fatal crashes are most frequent on weekends, particularly on Saturday afternoons between 12 p.m. and 3 p.m.

Common Causes of Motorcycle Accidents in San Jose

Motorcycle accidents in San Jose have been a significant concern, with 2021 marking one of the deadliest years in recent history. As of November 30, 2021, the city reported at least 55 traffic-related fatalities, including nine motorcyclists, making it a record high for motorcycle deaths in the past decade.

Several factors have been identified as leading causes of motorcycle accidents in San Jose:

• Speeding:  Excessive speed reduces a driver’s ability to react to unexpected situations, increasing the likelihood of collisions. In 2021, speeding was a significant contributor to traffic fatalities in the city.
• Unsafe Lane Changes:  Drivers failing to check blind spots or signal intentions can inadvertently collide with motorcyclists. The smaller profile of motorcycles makes them less visible, especially during lane changes.
• Left-Turn Accidents:  Vehicles making left turns at intersections may misjudge the speed or distance of an oncoming motorcycle, leading to severe collisions. These incidents are common and often result from drivers not noticing approaching motorcyclists.
• Driving Under the Influence:  Operating a vehicle while impaired by alcohol or drugs significantly impairs judgment and reaction times, posing a substantial risk to all road users, including motorcyclists.
• Distracted Driving:  Engaging in activities that divert attention from driving, such as using mobile devices, can lead to drivers overlooking motorcyclists, resulting in accidents.

If you or a loved one has been involved in a motorcycle accident in San Jose, you may be entitled to compensation. Call our San Jose motorcycle accident lawyers for a FREE CONSULTATION to protect your rights.

What Should I Do After a Motorcycle Accident in San Jose?

Experiencing a motorcycle accident in San Jose can be overwhelming. Knowing the right steps to take immediately afterward can protect your health and strengthen any potential claims. Here’s what you should do:

1. Call 911:  Ensure that emergency medical services and police are dispatched to the scene promptly.
2. Seek Medical Attention:  Even if injuries seem minor, it’s crucial to get evaluated by a healthcare professional. Some injuries may not be immediately apparent.
3. Document the Scene:  If you can, take photographs of the accident scene, including vehicle positions, damages, and any visible injuries.
4. Gather Information:  Collect contact and insurance details from all parties involved, as well as contact information for any witnesses.
5. Avoid Discussing Fault:  Refrain from admitting fault or making statements about the accident to others at the scene.
6. Consult a Motorcycle Accident Attorney:  An experienced attorney can guide you through the legal process, handle communications with insurance companies, and advocate for your rights.

If you’ve been injured in a motorcycle crash due to someone else’s negligence, call our San Jose motorcycle accident lawyers today for a FREE CONSULTATION.

FAQs About Motorcycle Accidents in San Jose

What should I do if the insurance company denies my motorcycle accident claim?

If your claim is denied, it’s essential to understand the reason behind the denial. Review the denial letter carefully and gather supporting documents like medical records and police reports. Consulting with a skilled motorcycle accident attorney can help you appeal the denial and work towards securing the compensation you deserve.

How can I prove liability in a motorcycle accident case?

Proving liability involves demonstrating that another party’s negligence caused the accident. Key evidence includes police reports, eyewitness statements, photographs of the scene, and any available video footage. An attorney may also work with accident reconstruction experts to establish fault.

Can motorcycle modifications affect my accident claim?

Yes, certain modifications can impact your claim. While safety enhancements are generally favorable, alterations that affect performance or safety compliance might be scrutinized. It’s important to document all modifications and ensure they adhere to California state laws.

Why are expert witnesses important in motorcycle accident cases?

Expert witnesses provide specialized insights that can strengthen your case. For instance, accident reconstruction experts can illustrate how the crash occurred, while medical professionals can detail the extent of your injuries and necessary treatments.

What are the legal rights of passengers injured in motorcycle accidents?

Passengers have the right to seek compensation for injuries sustained in a motorcycle accident. Claims can be filed against the at-fault party, whether it’s another motorist or the motorcycle operator. Compensation may cover medical expenses, lost wages, and other related costs.