A motorcycle is one of the most eco-friendly ways to travel in San Jose and enjoy the city’s Mediterranean-type climate. Motorbikes consume less fuel, generate fewer pollutants, navigate traffic jams easily, and don’t need much parking space. That said, motorbike riders face unique challenges on the roads, including wet pavement, uneven surfaces, small objects, less visibility to motorists, and lack of seatbelts and airbags.
These risks lead to a lot of accidents. National Highway Traffic Safety Administration stats for 2020 show that around 83,000 motorbike riders suffered injuries in traffic crashes, and another 5000+ riders suffered fatalities. Over 9% of these fatalities were in California.
Determining who to hold accountable for your injuries can be tough if you are involved in a motorcycle accident. It could be the rider, a vehicle driver, or both. It’s hard to say how a motorbike accident claim will go, but some factors are usually significant. If you are a resident of San Jose and have been in a motorcycle accident, working with a qualified and experienced attorney is always the best thing to do in such a situation. A San Jose motorcycle accident attorney will gladly examine your case.
They have plenty of experience handling various motorbike accident cases and will be willing to offer you a free consultation and a contingency contract. Here’s a look at the legal considerations for motorcycle accidents and personal injury claims.
Follow the right steps after the accident.
The success of a motorcycle accident claim depends on what you do after the incident. Taking the right steps can set your claim for success. You should make sure you and any other involved parties are safe. You should check for injuries and call emergency responders if need be. They will provide emergency medical services and document your injuries.
Take photos, talk to witnesses, and get details if you are in the right state of mind. Talk to the responding officers to see if they’ll be making a report so you can get a copy once they are done. If you feel uneasy, visit the hospital immediately.
You may have internal bleeding even if you don’t feel pain. Ensure you get checked and treated so the insurance guys don’t downplay your injuries by saying you delayed seeking medical help because you weren’t hurt badly.
Understand statutes of limitations.
San Diego motorcycle accident victims have two years from the incident to file a lawsuit. In cases involving death, the deceased’s family can file a wrongful death suit within two years of the passing.
Cases involving government entities have shorter statutes of limitations, usually six months after the accident. In all situations, minors have until two years after their 18th birthday to file their claim. But it’s essential to file your claim early when you still recall the facts and can make a strong case. You may lose your right to compensation if you don’t file your claim within the specified period.
Understand the concept of negligence.
Negligence is an integral part of civil litigation. You and your lawyer must bring evidence that the defendant acted in a way a responsible person wouldn’t have in the same situation. You must also show that the negligence/inaction caused the accident that led to your injuries.
The insurance investigators/jury will look at the evidence and may determine that the defendant(s) are solely to blame or that you were also partially responsible for the accident.
Don’t worry, though. San Diego follows a pre-comparative negligence jurisdiction, meaning you can still claim compensation even if you are 99% to blame for the accident.
Understand the hidden cost of your motorcycle accident.
Motorcycle accident expenses don’t end after discharge from the hospital; there may still be further doctor appointments you will need to travel to and pay for therapies, the cost of medical implants, long-term care, etc.
And even if you didn’t have any medical bills, you may still have expenses such as motorbike towing and repair charges, renting a car or another bike while yours is still in repair. Personal injury cases allow victims to claim both subjective and economic damages. Research these expenses before going in to speak with a lawyer.
Hire a good lawyer
Of course, you could handle your motorcycle accident yourself, but you will likely get lowballed by insurers. These aren’t your friends. They may use several tactics to get you to accept a big part of the blame or admit that your injuries aren’t serious. Plus, being objective and negotiating well when in pain is hard. Let a lawyer deal with these people.
Lawyers bring negotiation skills, objectivity, and knowledge of torts laws. They also work with experts to reconstruct scenes, determine rightful settlement, and argue a strong case, whether in negotiations or court. However, most motorcycle accident claims rarely head to court if experienced attorneys handle them. Insurers usually negotiate in good faith when dealing with attorneys.
Getting a settlement is better than dragging the defendant to court because litigation takes time and money. So, contact a reliable and experienced law firm if you want to hire an experienced motorcycle accident lawyer. They’ll be happy to help.
This article was provided by Jenny Patel
