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San Jose Motorcycle Accident Attorney

Henshaw & Henry, PC supports California’s motorcyclists. Unlike some people, we don’t view motorcycles as reckless or dangerous. We have San Jose motorcycle accident attorneys who are motorcyclists themselves, and who know that most riders are extremely prudent and aware of their surroundings when navigating San Jose’s roads.

If you’ve been in a motorcycle accident in the Bay Area, our dedicated San Jose motorcycle accident lawyers can help. We are here to help you understand your rights and potential legal actions. We can negotiate a fair settlement with an insurance company, or pursue compensation through a personal injury lawsuit on your behalf.

 

Content:

What to Know About Riding Motorcycles in California

While motorcycles are a common form of transportation in California, there are unique road hazards that threaten a motorcyclist, different from their counterparts in passenger vehicles.

Do I Need to Wear a Helmet?

The California Vehicle Code Section 27803 requires anybody operating or riding on a motorcycle to wear a helmet. In fact, the law states that a helmeted driver can receive a ticket or fine if his or her passenger is not wearing a helmet.

Helmets worn must meet the United States Department of Transportation (DOT) standards. The DOT labels helmets that meet their standards with a sticker of approval.

Are There Dangers Unique to Motorcyclists?

Motorcycle drivers are susceptible to the following dangers:

Common Motorcycle Accident Injuries

In our years practicing personal injury law, our San Jose personal injury lawyers have represented many motorcycle crash victims and recognize the most common types of personal injuries. The nature of a motorcycle accident results in certain injury types that aren’t seen as often in passenger vehicle collisions. Road rash, for example, is unique to motorcyclists. It is a serious skin abrasion that happens when the motorcyclist skids across the asphalt. Road rash can happen with or without protective clothing. Other common motorcycle accident injuries include:

Traumatic tattooing

Serious road rash can embed pieces of gravel and debris in the skin. The pigment from the road can remain in the skin even after the abrasion heals. Immediate medical care can help remove embedded debris.

Head and brain injuries

All motorcyclists in California must wear DOT-approved helmets at all times. Motorcycle helmets can decrease the risk of serious to fatal head and brain injuries. Even with a helmet, however, motorcyclists are prone to these types of life-threatening injuries.

Bone fractures

The forces exerted on the motorcyclist’s body in a collision can result in bone fractures in the arms, legs, face, and elsewhere. Broken bones are painful injuries that can lead to temporary or permanent disability.

Spine injuries

One of the most catastrophic possible injuries in a motorcycle accident is that to the spinal cord. Spine fractures and nerve damage can result in partial or complete paralysis, or loss of movement and sensation below the point of injury.

If you or a loved one suffered serious injuries or passed away in a motorcycle accident in the Bay Area, contact our team of San Jose motorcycle accident attorneys. You could be eligible for compensation to make up for your injury-related losses, such as past and future medical bills. No matter what types of injuries you suffered, give us a call to discuss your claim.

Motorcycle Accident FAQs

Dozens of questions arise after a motorcycle wreck. As a victim, you deserve to know as much as you can about your crash and your legal options. Our team of San Jose motorcycle accident lawyers is happy to offer free, no-obligation legal consultations so you can get answers to your most pressing questions. You can discuss your case with us in person or over the phone at (408) 533-1075. In the meantime, here are our personal injury lawyers‘ answers to a few frequently asked questions:

Am I partially liable for a motorcycle accident if I was lane-splitting?

The law permits motorcyclists in California to lane-split, or to ride between lanes of traffic moving in the same direction. As long as you were going a safe speed and obeying the guidelines for lane-splitting, this practice will not result in your liability, since you were within the lines of the law.

Will not wearing a helmet hurt my motorcycle accident claim?

It could, since that means you were going against the law in California. However, if the injuries you’re seeking restitution for don’t involve your head, brain, or face, lack of helmet-wearing likely will not arise as a defense, since wearing a helmet would not have prevented your injuries.

Should I agree to an insurance settlement offer?

That depends. If you want to get the maximum recovery for your motorcycle claim, don’t accept the first settlement offer until you have talked to an experienced San Jose personal injury attorney. Insurance companies often offer less than the claimant deserves, especially if it believes the claimant is partially at-fault for the crash.

A conversation with a reliable motorcycle accident attorney in San Jose can open your eyes to all of the rules, rights, and restrictions your case may involve. Every collision is unique and deserves personal attention from a qualified motorcycle accident lawyer. Get answers to your most pressing questions right away during a free consultation at Henshaw & Henry, PC.

What To Do After a Motorcycle Accident in San Jose

Talking to a San Jose motorcycle accident attorney is one of the best moves you can make after a motorcycle accident in the Bay Area. Henshaw & Henry offer free, no-obligation initial consultations so that you can talk directly with a personal injury lawyer and receive advice free of charge. It is worthwhile to pick up the phone and make the call. You may discover that our experienced lawyers believe you could receive significant compensation. This is especially true if your accident left you permanently injured, disabled, scarred, or disfigured. If your loved one passed away in a motorcycle accident, consider a wrongful death claim.

Our law firm is here for injured motorcyclists in California. We want to help every injured motorcyclist understand his or her rights and take action against a negligent party.

No matter what the circumstances are surrounding your crash, talk to our San Jose motorcycle accident lawyers today for more information about how we can help. You have nothing to lose in a conversation with us, and potentially a lot to gain. Call (408) 533-1075 or visit us online to schedule your evaluation today.

Who Is Responsible for a Motorcycle Accident?

Local or state governments are typically responsible in cases involving motorcycle accidents caused by an unmaintained or uncleared road.

A person injured in a pothole, for example, may have a claim against whichever government agency was responsible for maintaining the road. A claim’s chances of success increase if that municipal body had been aware that the pothole existed and did not fix it in a reasonable amount of time.

Riders injured due to gravel or sand in a roadway may also be able to file a claim if the obstructions were in the road because of a construction site. Successful claims involving gravel and sand typically involve no posted warning signs or if the sand was in the road for an extended period of time.

An injured motorcyclist should contact an experienced San Jose motorcycle accident lawyer to discuss the circumstances of the accident and determine if he or she should file a personal injury claim. To speak to our team of esteemed lawyers at Henshaw & Henry, PC, contact us today.

California Motorcycle Fatalities 2013 to 2016


Filing Motorcycle Accident Claims

A motorcyclist injured in an accident should go through the following process to ensure compensation for damages:

A person injured in a motorcycle accident in San Jose should contact the trusted team of motorcycle accident lawyers at Henshaw & Henry for a free consultation as soon as possible.

How We Maximize Recovery for Injured Motorcyclists

After a motorcycle collision, you probably have personal injuries and expensive property damage. The crash may have totaled your motorcycle, and landed you in the hospital with significant costs and medical bills. You may have had to call out of work for a few days or weeks. With all of these losses, you deserve to pursue fair and just financial recovery. If a driver, vehicle part manufacturer, roadway maintenance crew, the City of San Jose, government agency, or some other person or entity caused your crash, know that you might be eligible for damage recovery.

At Henshaw & Henry, PC we take motorcycle accident claims very seriously. We have handled crashes involving motorcycle lane splitting (now a legal practice in the State of California), distracted drivers, and roadway hazards. Our San Jose motorcycle accident lawyers know the best ways to fight for each individual case. We go up against insurance companies to make sure injured motorcyclists get back every penny they deserve. If a trial is necessary to get maximum compensation, our experienced litigators are up for the challenge. We never settle for less than what we believe our client is entitled to receive. 

Contact Our Bay Area Motorcycle Accident Attorneys

Our San Jose motorcycle accident lawyers can help maximize your recovery through our experience, legal training, and negotiation skills. We have resources for cases in the San Jose area, including connections with local judges and courtrooms. We know exactly how to communicate with insurance company claims adjusters, giving them the evidence necessary to understand the extent of the accident and your damages. You don’t have to fight this battle alone: retain a qualified San Jose motorcycle accident attorney to skillfully lead you through the claims process.