San Jose Motorcycle Accident Attorney

Motorcyclists are often in much more danger than other car and truck drivers on the road, simply due to the overwhelming discrepancy in size and weight between these types of vehicles and others on the road. Inherent in the risks that most motorcycle riders face on a daily basis are problems caused by road impediments such as minor divots in the pavement, visual impediments, speed accidents, and riding skill accidents. For motorcycle riders, there is a very real risk of tipping and falling, being thrown off course by a minor road issue, wobbling from excessive speed, or being hit by a driver that did not see the smaller visual target on the road.

Injured in a motorcycle accident? Let our motorcycle accident lawyers in San Jose give you the representation you deserve!

On This Page:

• Why Contact An Attorney
• Common Causes of Motorcycle Accidents
• Typical Motorcycle Accident Settlement Amounts
• Understanding Fault In Motorcycle Accidents
• What If You Weren't Wearing a Helmet?
• Legal Challenges Motorcyclists Must Face When Seeking Damages
• Why Habbas & Associates
• Client Testimonial

Why Contact an Attorney Experienced in Handling Motorcycle Accident Claims?

An alarmingly high number of motorcycle riders are injured while out riding, most in accidents that were not caused by the rider. In fact, 2/3 of motorcycle accidents with another vehicle were the fault of the automobile driver, not the motorcycle rider.

Considering these two important facts about motorcycle riders:

• They are more than 25 times more likely to die in a car crash than someone riding in a passenger car
• Five times the amount of regular car accidents will result in injury to a motorcyclist involved in the same collision.

There is clearly a great need to involve a legal professional in matters of this nature. It is important to ensure that, as the victim of one of these accidents, you are represented by a skilled legal professional that can help you seek compensation for the damages incurred during a collision. By contacting a motorcycle accident attorney in San Jose from Habbas & Associates you can begin taking the legal steps necessary to address matters of this nature.

Common Causes of Motorcycle Accidents

A motorcycle accident refers to an incident involving a motorcycle, typically resulting in damage to the motorcycle and, in many cases, injuries to the rider or passengers. These accidents can occur for various reasons, but they often involve negligent motorists.

Some common causes of motorcycle accidents involving motor vehicles include:

• Distracted Driving: When drivers are distracted by activities such as texting, talking on the phone, eating, or adjusting the radio, they may not notice motorcycles in their vicinity.
• Failure to Yield: Motorists may fail to yield the right of way to motorcycles, especially at intersections or when merging into traffic. This can lead to collisions and accidents.
• Unsafe Lane Changes: Drivers might not check their blind spots before changing lanes, putting motorcycles at risk. The smaller size of motorcycles makes them less visible, increasing the likelihood of a collision during a lane change.
• Speeding: Excessive speed reduces the time a driver has to react to unexpected situations, increasing the risk of accidents. Speeding can be especially dangerous when it comes to motorcycles due to their vulnerability in a crash.
• Left-Turn Accidents: Many motorcycle accidents occur when a vehicle makes a left turn in front of an oncoming motorcycle. The driver may misjudge the motorcycle's speed or fail to see it altogether.
• Driving Under the Influence (DUI): Impaired driving, whether due to alcohol, drugs, or prescription medications, significantly impairs a driver's ability to operate a vehicle safely and increases the chances of a collision.
• Failure to Signal: Not using turn signals or using them incorrectly can lead to confusion on the road and increase the risk of accidents, including those involving motorcycles.
• Inexperienced Drivers: Inexperienced or poorly trained drivers may struggle to anticipate the movements of motorcycles or may not be familiar with sharing the road with them.
• Road Hazards: Potholes, debris, and uneven road surfaces can pose significant risks to motorcyclists. These hazards may cause a rider to lose control of their motorcycle and result in an accident.

What is the Average Payout for a Motorcycle Accident?

If the insurance company contacts you and offers you a settlement, it can be tempting to accept their first offer and assume that's all your case is worth. However, when deciding whether or not you have been offered a fair settlement, it's important to consider the following expenses that the settlement will need to cover:

• Medical bills
• Lost income through missed work
• Ongoing treatment or therapy
• Lost future earning capacity
• Pain and suffering

Unsure whether the amount you have been offered is a fair settlement? Reach out to our San Jose motorcycle accident lawyers to discuss your case in a free consultation.

Who Is At Fault In Most Motorcycle Accidents?

In spite of what most insurance companies would have you believe, motorcyclists are not usually the ones at fault for accidents. Many insurance companies like to promote the idea that bikers are reckless and this recklessness leads to accidents. While this is true in some situations, it is not true for the majority of motorcycle vs. car accidents. If the insurance company tries to pin the blame on you for your accident, you don't have to just take their word for it. By hiring a lawyer you can ensure that your best interests are kept in mind and that your rights as a biker are protected.

What If You Weren't Wearing a Helmet?

If you weren't wearing a motorcycle helmet at the time of your accident, that doesn't mean you will automatically be denied compensation. In most cases, if you were not at fault for the accident, you can still recover compensation for your injuries even if you weren't wearing proper safety gear at the time. However, the insurance company may argue that if you had been wearing proper safety gear your injuries might not have been as severe. This may lead to your settlement amount being reduced. If you're worried that you may not be able to recover compensation because you weren't wearing a helmet during your accident, reach out to our team today for help.

Legal Challenges Motorcyclists Must Face When Seeking Damages

Motorcyclists seeking compensation after a motorcycle accident may encounter various legal challenges, similar to those faced by individuals involved in other types of accidents. Some of the specific challenges for motorcyclists seeking compensation include:

• Bias and Stereotypes: There can be biases and stereotypes against motorcyclists, which may influence the perception of fault in an accident. Some people may assume that motorcyclists are reckless or at fault by default, making it harder for them to establish a fair case.
• Limited Insurance Coverage: Motorcycle insurance policies may have lower coverage limits compared to those for other vehicles. In cases of severe injuries or significant property damage, the available insurance coverage may not be sufficient to fully compensate the motorcyclist.
• Severity of Injuries: Motorcycle accidents often result in more severe injuries compared to car accidents due to the lack of protection for riders. The severity of injuries can lead to higher medical bills and long-term rehabilitation costs, making it challenging to obtain adequate compensation.
• Difficulty Proving Liability: Establishing liability can be challenging in motorcycle accidents, especially when there are no independent witnesses. Motorcycles are often smaller and less visible than other vehicles, making it harder to prove who was at fault. Gathering evidence, such as witness statements, accident reconstruction, and surveillance footage, becomes crucial.
• Pre-existing Bias in Legal System: Some legal systems may have pre-existing biases against motorcyclists, which could affect the outcome of a case. Judges, juries, or insurance adjusters may have certain assumptions about motorcyclists that can impact the determination of fault and compensation.
• Split Liability: In some cases, liability may be shared between the motorcyclist and another party involved in the accident. This can complicate the claims process, and the motorcyclist may receive reduced compensation if they are found partially at fault.
• Uninsured or Underinsured Motorists: If the at-fault party in the accident is uninsured or underinsured, the motorcyclist may face challenges in obtaining compensation. In such cases, the injured party may need to rely on their own uninsured/underinsured motorist coverage, if available.
• Delayed Injuries: Motorcycle accident injuries may not always be immediately apparent. Some injuries may have delayed symptoms, and this can create challenges when filing a claim, especially if there is a gap in time between the accident and the appearance of symptoms.

To navigate these challenges effectively, motorcyclists involved in accidents should seek legal representation from an experienced personal injury attorney. A skilled attorney can help gather evidence, assess liability, negotiate with insurance companies, and pursue compensation through legal avenues, such as personal injury lawsuits if necessary. Additionally, having proper documentation, such as medical records and accident reports, can strengthen the motorcyclist's case and improve the chances of a successful claim.