San Jose Motorcycle Accident Lawyer
Looking for a motorcycle accident attorney in San Jose? Golden Gate Legal helps injured riders get the justice and compensation they deserve.
The aftermath of a motorcycle accident can be a grueling journey, impacting you both physically and emotionally. If you are looking for legal representation in the San Jose area, our experienced team is here to help.
Golden Gate Legal is a personal injury law firm with deep experience handling motorcycle accident cases for clients throughout San Jose. This article will provide clear direction on what to do after a crash, give an overview of the legal process, and address common questions you may have.
What to Do After a Motorcycle Accident in San Jose
If you get into a motorcycle accident in San Jose, it's important to follow the steps below:
Make Sure You're Safe
The first thing you must do is assess yourself and any passengers for injuries. If it's safe and you're not seriously hurt, move your vehicle out of the flow of traffic on the busy San Jose streets to prevent further danger.
Call 911 and Get Medical Attention
Your immediate priority is to call 911, especially if there are any injuries or significant property damage. Afterwards, it is critical to get a full medical check-up, as adrenaline can hide serious injuries that may only surface hours or days later.
Document the Accident Scene
If you're physically able, take pictures of the accident scene, including all vehicles, road hazards, and any visible injuries. It's also vital to get contact information from witnesses and exchange driver, vehicle, and insurance details with the other party involved.
Don’t Admit Fault, Post Online, or Sign Anything
In the heat of the moment, it's crucial to avoid saying anything that could imply you were at fault, even a simple apology. It is also wise to stay off social media and refuse to sign any documents or speak with an insurance adjuster before you have legal guidance.
Contact Golden Gate Legal for Help
After a motorcycle accident in San Jose, reaching out to Golden Gate Legal can lift the burden of dealing with legal complexities and insurance companies. Our dedicated attorneys will stand by your side, providing the expert guidance needed to navigate your personal injury claim and secure the compensation you deserve.
Why Choose Golden Gate Legal Law Firm
With dedicated years of experience handling motorcycle accident cases and other personal injury proceedings in San Jose, our team is ready to fight for you. Here are a few reasons why you should choose us:
- We Will Get You Max Compensation: Our duty is to guide you through the recovery process and make sure you recover all the damages you are legally entitled to.
- We Will Protect You at All Costs: Our attorneys will aggressively fight for you and stand by your side from the beginning of your case to the very end.
- No Legal Fees Upfront: You do not pay any legal fees upfront, and we only receive a fee when we win or settle your case.
- We Are Available at All Times: We understand that accidents don't happen on a 9-to-5 schedule, which is why we are available 24/7 to help.
We encourage you to check out our Client Testimonials.
Legal Process Overview
Navigating the legal system after an accident in San Jose can be overwhelming, so we manage every step of the process to let you focus on healing:
- 1. 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.
- 2. Evidence Collection & Claim Filing: Our team takes the lead on collecting crucial evidence like police reports and medical documentation, and we handle all communication and filings with the insurance companies for you.
- 3. Medical Treatment Coordination: As you concentrate on your recovery, we can assist in coordinating your medical care and will closely monitor your progress to accurately document the full extent of your injuries.
- 4. Demand Letter & Negotiation: When you have completed your medical treatment, we will compile and send a comprehensive demand package to the insurance company, then skillfully negotiate for the highest possible settlement.
- 5. Litigation (if necessary): Should the insurance company refuse to offer a fair settlement, our experienced trial attorneys are prepared to file a lawsuit and represent you in court.
- 6. You Get Paid: Once your case is successfully resolved, we manage all the final paperwork to ensure you receive your compensation check without delay.
What Types of Compensation Can You Claim After a Motorcycle Accident?
Under California law, individuals injured in a motorcycle crash can hold the at-fault driver financially responsible for the harm they've caused. Compensatory damages for motorcycle accidents in California are intended to cover a range of losses, which may include the following:
- Medical bills
- Lost income
- Vehicle repair
- Future medical care and treatment
- Pain and suffering
Keep in mind, insurance companies are businesses that prioritize their profits and will often try to undervalue your claim, which is why it's so important to have the experienced California personal injury attorneys at Golden Gate Legal handling your case.
Types of Injuries Handled
While this is not an exhaustive list, here are the types of injuries we typically handle:
Road Rash
Road rash is the painful abrasion that happens when your skin scrapes against the pavement in an accident, and it can lead to severe complications such as infection, lasting scars, and damage to your nerves.
Broken Bones & Fractures
In a motorcycle crash, riders frequently sustain broken bones, which can necessitate surgery and a cast for proper healing, often resulting in a long recovery period and the risk of lasting pain or restricted movement.
Spinal Cord Injuries
The intense force from a motorcycle collision can injure the spinal cord, leading to partial or complete paralysis and profoundly altering a person's mobility, independence, and overall well-being.
Traumatic Brain Injuries
A traumatic brain injury from a motorcycle accident can lead to lasting consequences, such as memory problems, confusion, difficulty concentrating, and significant personality changes.
Foot and Leg Injuries
A rider's legs and feet often take the hardest hit in an accident, resulting in common injuries like broken bones, dislocated joints, or severe gashes.
PTSD & Emotional Trauma
The emotional trauma from a crash can lead to conditions like post-traumatic stress disorder (PTSD), debilitating anxiety, and recurring nightmares, often making professional therapy a necessary part of recovery.
Common Causes of Car Accidents
CAUSE SECTION DESCRIPTION
Speeding or Reckless Driving
When drivers speed or behave recklessly, they have less time to prevent an accident, making severe, forceful collisions much more likely—especially when navigating bustling city traffic.
Driving Under the Influence
Operating a vehicle under the influence of alcohol or drugs can cloud your judgment, slow your reaction time, and greatly elevate the risk of a catastrophic collision.
Running Red Lights
Running a red light is a common cause of severe intersection crashes and often results in serious injuries to pedestrians.
Rear-End Collisions
Often the result of inattentive driving or following another vehicle too closely, these impacts can lead to debilitating conditions like whiplash and other serious spinal injuries.
Unsafe Lane Changes
When a driver changes lanes without warning or misjudges the space available, it can trigger sideswipe accidents or cause other motorists to brake hard to avoid a crash.
Lane Splitting
Lane splitting, where a motorcyclist travels between two lanes of slow or stopped cars, can be particularly hazardous and result in collisions when drivers don't anticipate the bike or neglect to check their blind spots before moving over.
Frequently Asked Questions
How much will a Personal Injury Attorney Cost?
At Golden Gate Legal, we handle personal injury cases for our San Jose clients with no upfront costs. We work on a contingency fee basis, so we only get paid if we successfully win or settle your case. For you, this means there is no financial risk.
How do I prove the other driver was at fault?
Proving the other driver was at fault for an accident takes several steps and often requires a detailed investigation into the unique details of your case. If you believe the other driver caused the crash, our team at Golden Gate Legal can help you demonstrate their negligence.
It's important to know that if you are found to be partly responsible, the amount of compensation you receive could be lowered based on your percentage of fault. Understanding this is crucial for accurately evaluating what your claim might be worth, especially in a busy city like San Jose where complex traffic situations can make determining fault more challenging.
How long do I have to take legal action after my accident?
In California, you generally have two years from the day your accident occurred to file a lawsuit for your injuries. If you fail to act within this timeframe, you will likely lose your right to seek compensation for your damages.
In California, how long does an insurance company have to settle a claim?
In California, insurance companies must follow a strict timeline when handling your claim. After you notify them of your accident, they have 15 days to acknowledge your claim and start their investigation. From the day they receive all your necessary paperwork, the clock starts ticking again: they have 40 days to decide whether to accept or deny your claim.
Once your claim is approved, the insurer is required to issue payment within 30 days. This means that, according to the state's Fair Claims Settlement Practices Regulations, the whole process should take no more than 85 days from the time you submit your completed proof of claim. These deadlines are in place to protect you and ensure your claim is handled in a timely manner.
How long does a motorcycle accident stay on your record in California?
If you're in a motorcycle accident in San Jose, the incident will typically remain on your California driving record for three years starting from the day of the crash. There's a notable exception, though: if the accident involved hazardous materials or a commercial vehicle, it will stay on your record for a much longer period of ten years.
How will Golden Gate Legal actually help me?
Here at Golden Gate Legal, we begin by getting to know you and the details of your accident in San Jose. Our first step is to listen and make sure you feel heard. We also evaluate the extent of your injuries, and if necessary, we can help you find the right doctors to ensure you get the best care.
Your main job is to get better; let us worry about the rest. Our team will manage all the legal complexities, building a strong case to win the financial compensation you need. This covers everything from your medical expenses to the personal impact the injury has had on your life.
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.
