San Jose Motorcycle Accident Lawyer
Hurt in a San Jose motorcycle crash? The attorneys at Golden Gate Legal can help you get the justice and compensation you deserve.
The aftermath of a motorcycle accident can be a difficult journey, impacting you both physically and emotionally. If you are looking for legal representation in the San Jose area, please contact us at the number below for guidance.
Golden Gate Legal is a personal injury firm with a proven track record of successfully representing clients in motorcycle accident cases in San Jose. We've created this guide to provide clear direction on what to do after an accident, offer an overview of the legal process, and address the common questions you may have.
What to Do After a Motorcycle Accident in San Jose
After a motorcycle accident in San Jose, it's very important to follow these steps to protect your health and your rights:
Make Sure You're Safe
Your immediate priority is to check yourself and any passengers for injuries. If it's safe and you're able to, move your vehicle to the side of the road, away from the flow of San Jose traffic to prevent any further incidents.
Call 911 and Get Medical Attention
If you're in a motorcycle accident, your first priority is to call 911, especially if there are any injuries. Even if you feel unhurt, it is crucial to see a doctor, as some injuries can take hours or days to become apparent and a medical report is vital for your recovery and any potential claim.
Document the Accident Scene
If you are able, use your phone to take pictures of the accident scene, including all vehicles involved, any visible injuries, and the surrounding road conditions. It's also crucial to gather contact information from any witnesses and exchange insurance, license, and vehicle details with the other driver.
Don’t Admit Fault, Post Online, or Sign Anything
Be very careful with your words at the scene, as even a simple apology can be misinterpreted as an admission of guilt. It's also wise to avoid posting about the accident online and to refrain from signing any documents or speaking with insurance adjusters before consulting with a lawyer.
Contact Golden Gate Legal for Help
If you're dealing with the aftermath of a motorcycle crash in San Jose, the team at Golden Gate Legal is here to help you navigate the confusing legal road ahead. We'll take on the fight for your rights and fair compensation, allowing you to concentrate on healing.
Why Choose Golden Gate Legal Law Firm
At Golden Gate Legal, we have dedicated years of experience handling motorcycle accident cases and other personal injury claims for clients in San Jose. Here are a few reasons why you should choose us to represent you:
- We Will Get You Max Compensation: We fight to ensure you receive every dollar you are legally entitled to for your injuries and losses.
- We Will Protect you at All Costs: Our team will aggressively defend your rights and stand by you throughout the entire legal process.
- No Legal Fees Upfront: You don't pay us anything unless we successfully win or settle your case.
- We Are Available at all times: Our team is here for you around the clock to answer your questions and provide support whenever you need it.
We encourage you to read our Client Testimonials to see what past clients have to say.
Legal Process Overview
We take care of every step of the legal process for our San Jose clients so you can focus on what matters most—your healing. Here’s how the process works:
- Free Consultation & Case Evaluation: We begin with a complimentary meeting to hear your side of the story, answer your questions, and evaluate the merits of your potential case.
- Evidence Collection & Claim Filing: Our team will take charge of gathering crucial evidence like accident reports and medical documentation, and then we will formally file your claim with the insurance companies for you.
- Medical Treatment Coordination: As you concentrate on your recovery, we can assist in arranging your medical care and will track your progress to accurately document the full extent of your injuries.
- Demand Letter & Negotiation: After you have completed your medical treatment, we will compile and send a thorough demand package to the insurance company, then skillfully negotiate to secure the highest possible settlement for you.
- Litigation (if necessary): Should the insurance company refuse to offer a fair settlement, our experienced trial attorneys are prepared to file a lawsuit and advocate for you in court.
- You Get Paid: Once your case is successfully resolved, we will manage all the final paperwork to ensure you receive your settlement funds without delay.
What Types of Compensation Can You Claim After a Motorcycle Accident?
In California, if you've been injured in a motorcycle accident caused by someone else's negligence, you have the right to seek compensation for your losses from the at-fault driver. Compensatory damages for motorcycle accidents in California may include the following:
- Medical bills
- Lost income
- Vehicle repair
- Future medical care and treatment
- Pain and suffering
Insurance companies often try to pay less than your claim is worth to protect their bottom line, which is why having an experienced California personal injury attorney from Golden Gate Legal on your side is crucial.
Types of Injuries Handled
While this is not an exhaustive list, here are the types of injuries we typically handle:
Road Rash
Commonly known as road rash, these are severe skin abrasions from sliding on the pavement that can lead to major complications like infections, permanent scarring, and nerve damage.
Broken Bones & Fractures
Broken bones are a frequent outcome of motorcycle crashes, often leading to surgery, casts, and a long healing process that can sometimes leave riders with permanent movement issues or persistent pain.
Spinal Cord Injuries
A serious motorcycle accident can inflict devastating damage on the spinal cord, often causing a loss of function and sensation that dramatically impacts a person's mobility, independence, and future.
Traumatic Brain Injuries
Traumatic brain injuries from a motorcycle crash can lead to lasting problems such as difficulty concentrating, shifts in personality, memory issues, and general disorientation.
Foot and Leg Injuries
Your legs and feet are particularly at risk in a crash, often resulting in injuries such as broken bones, dislocated joints, or severe cuts.
PTSD & Emotional Trauma
The emotional trauma following a motorcycle crash can surface as severe anxiety, haunting flashbacks, and deep depression, often making professional therapy a crucial step toward healing.
Common Causes of Car Accidents
While every crash is unique, many motorcycle accidents in San Jose stem from a few common causes:
Speeding or Reckless Driving
Ignoring the speed limit or driving recklessly leaves very little margin for error, turning a simple mistake into a high-impact collision with devastating consequences.
Driving Under the Influence
Driving under the influence of alcohol or drugs results in slower response times, poor judgment, and a significantly increased chance of causing a fatal collision.
Running Red Lights
When a driver runs a red light, they put everyone at risk, often causing severe intersection crashes or striking people trying to cross the street.
Rear-End Collisions
Commonly caused by distracted driving or following another vehicle too closely, these collisions can result in painful neck and back trauma, including whiplash.
Unsafe Lane Changes
When drivers switch lanes without signaling or looking, they can cut off other vehicles and cause serious accidents.
Lane Splitting
Riding a motorcycle between lanes of slow-moving or stopped traffic is a risky practice that can easily lead to a crash if other drivers aren't expecting it and don't check their mirrors before changing lanes.
Frequently Asked Questions
How much will a Personal Injury Attorney Cost?
For our clients in San Jose, there are no upfront fees to hire a personal injury lawyer at Golden Gate Legal. We only collect our fee if we win your case, so you have nothing to lose by seeking our help.
How do I prove the other driver was at fault?
Proving the other driver was at fault for an accident takes a few key steps and often needs a detailed investigation into the unique details of your crash. If you believe the other driver caused the collision, our team can help you establish their negligence.
It's important to know, however, that if you are found to share some of the blame, your final compensation could be reduced by your percentage of fault. Grasping how this works is vital for understanding the potential value of your claim, especially when navigating the busy and often complicated traffic in a city like San Jose.
How long do I have to take legal action after my accident?
In California, if you're hurt in an accident, you generally have a two-year window from the date of the incident to file a legal claim. If you miss this important deadline, you will likely lose your right to pursue compensation for your injuries.
In California, how long does an insurance company have to settle a claim?
In California, the clock starts ticking for an insurance company as soon as you file a claim. They are given 15 days to acknowledge your claim and begin their investigation. After you have provided all the necessary proof and documentation, the insurer has 40 days from that point to make a decision on whether to accept or deny your claim.
If your claim is approved, the company must issue payment within 30 days of that decision. This means that, according to California's Fair Claims Settlement Practices Regulations, the entire process from your initial filing to receiving payment should typically be completed within 85 days.
How long does a motorcycle accident stay on your record in California?
If you're in a motorcycle accident in San Jose, it will typically remain on your California driving record for three years from the date of the incident. More serious accidents, such as those involving commercial trucks or hazardous substances, can stay on your record for up to ten years.
How will Golden Gate Legal actually help me?
At Golden Gate Legal, our first step is to listen to your story and understand what you're going through. For our clients in San Jose, we want to make sure you feel heard and supported from day one. We'll help you document the extent of your harm and can connect you with the right medical professionals to ensure you get the care you need.
Your main job is to focus on getting better. While you do that, our team takes on the legal heavy lifting. We will manage every aspect of your case to fight for the financial recovery you are entitled to, covering everything from your medical bills and lost income to the pain and suffering you've endured.
Contact Golden Gate Legal for legal support
Golden Gate Legal has helped countless personal injury victims get back on their feet. Let’s do the same for you.
Call us now at (310) 445-3425 or click below for your free consultation.
Protecting your rights when you need it most
We believe in doing what’s right: you focus on your recovery, and we’ll handle the legal process from start to finish.
Fighting for your full compensation
We are available at all times
No legal fees paid upfront
We will protect you at all costs
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When dealing with the aftermath of an accident, you need strong support by your side to help you make the right decisions.
