San Jose Motorcycle Accident Lawyer
Motorcycle accidents are some of the most devastating incidents on the road. Due to the minimal protection that motorcycles provide, riders are far more likely to suffer severe injuries or fatalities in a collision compared to drivers of other vehicles.
If you or a loved one has been injured in a motorcycle accident in San Jose, Scher, Bassett & Hames is here to help. Our experienced attorneys, including a dedicated San Jose motorcycle lawyer, are committed to securing the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages. We understand the challenges motorcycle accident victims face, and we fight tirelessly to protect their rights.
Proven Results – Real Victories for Motorcycle Accident Victims
At Scher, Bassett & Hames, our track record speaks volumes. We have successfully represented countless motorcycle accident victims, helping them recover the compensation they need to rebuild their lives. Here are a few examples of our recent successes:
A motorcyclist suffered life-threatening injuries when a car illegally turned in front of him at an intersection. The accident resulted in multiple surgeries and a lengthy recovery. We secured $1.8 million to cover his medical expenses, lost wages, and long-term rehabilitation costs.
A young rider was struck by a distracted driver, causing him to lose control of his motorcycle. The rider sustained severe spinal cord injuries, leaving him partially paralyzed. Our firm fought to secure $1.5 million in compensation for his ongoing care, loss of future earnings, and pain and suffering.
A motorcyclist was sideswiped by a commercial truck that failed to check its blind spot. The rider suffered broken ribs, a punctured lung, and road rash. We successfully negotiated a $750,000 settlement to cover his medical treatment and lost wages.
A woman on a motorcycle was hit by a driver who ran a red light. She sustained a fractured pelvis and required surgery. Our attorneys secured a $600,000 settlement for her medical bills and future rehabilitation needs.
Why Choose Scher, Bassett & Hames for Your Motorcycle Accident Case?
Scher, Bassett & Hames has a long history of success in handling motorcycle accident cases in San Jose and throughout California. Our firm has consistently secured maximum compensation for our clients, taking on large insurance companies and negligent drivers.
Our attorneys have decades of experience with motorcycle accident claims and are experts in California motorcycle laws. We understand the unique risks motorcyclists face and work to maximize your recovery by assessing damages, gathering evidence, and advocating for your rights. Our expertise helps us secure favorable outcomes for our clients.
We recognize that every motorcycle accident case is different. Our team takes the time to listen to your story and develop a legal strategy tailored to your specific needs and goals. From the initial consultation to the final resolution of your case, we are here to support you every step of the way.
At Scher, Bassett & Hames, we work on a contingency fee basis, which means you don’t pay any legal fees unless we win your case. This allows you to focus on your recovery without worrying about the financial burden of legal costs.
We Handle All Types of Motorcycle Accident Cases in San Jose
Motorcycle accidents can result from various dangerous situations, and our team is prepared to handle all types of cases, including:
These accidents often occur when a vehicle crosses into the opposite lane or drives the wrong way, causing devastating head-on impacts. Motorcyclists involved in head-on collisions frequently suffer catastrophic injuries, including traumatic brain injuries and spinal cord damage.
Drivers making left-hand turns at intersections are a common cause of motorcycle accidents. Often, they fail to see an oncoming motorcyclist or misjudge the speed of the motorcycle, leading to serious collisions.
Lane-splitting is legal in California, but it requires both motorcyclists and drivers to exercise caution. When drivers fail to notice a motorcyclist or change lanes without signaling, the result can be a dangerous accident.
Rear-end accidents are particularly dangerous for motorcyclists. Even at low speeds, these accidents can throw the rider off their bike, leading to severe injuries like broken bones, head injuries, and internal trauma.
When a driver gets behind the wheel while impaired by alcohol or drugs, the likelihood of causing a serious motorcycle accident increases dramatically. Drunk drivers may fail to notice motorcycles or make reckless driving decisions, resulting in devastating crashes.
Texting, talking on the phone, or using in-car technology distracts drivers from paying attention to motorcyclists. Distracted driving is a leading cause of motorcycle accidents, and these accidents often result in severe injuries for riders.
In some cases, drivers flee the scene after hitting a motorcyclist. These hit-and-run accidents can make it difficult to recover compensation, but our team is experienced in tracking down the responsible parties and ensuring they are held accountable.
Common Causes of Motorcycle Accidents in San Jose
Motorcycle accidents are often caused by the reckless or negligent behavior of other drivers. Some of the most common causes include:
Drivers frequently fail to yield the right of way to motorcyclists, particularly at intersections or when changing lanes. This lack of awareness or failure to follow traffic laws can lead to catastrophic collisions.
Many drivers simply do not pay enough attention to motorcycles on the road. This lack of awareness, especially when making lane changes or turning, is a leading cause of motorcycle accidents.
Speeding drivers reduce their ability to react in time to avoid hitting motorcyclists. High-speed collisions often result in more severe injuries for motorcycle riders, who lack the protection of a car’s frame.
Motorcycles are smaller than cars and trucks, which means they can easily disappear into a driver’s blind spot. When drivers fail to check their blind spots before changing lanes, the risk of a collision increases.
Some drivers engage in aggressive driving behavior, such as tailgating or cutting off motorcyclists. These reckless actions can force motorcyclists to swerve or brake suddenly, leading to accidents.
Road hazards such as potholes, uneven pavement, debris, or slick surfaces pose a greater danger to motorcyclists than to other vehicles. A minor hazard for a car can cause a motorcycle to lose control.
The Impact of Motorcycle Accidents in San Jose
Motorcycle accidents often have devastating consequences for victims and their families. The physical, emotional, and financial impact can be overwhelming:
Motorcyclists are highly vulnerable on the road, and even a minor collision can result in serious injuries. Common motorcycle accident injuries include traumatic brain injuries, spinal cord damage, fractures, road rash, and internal injuries. Many of these injuries require extensive medical treatment and long-term rehabilitation.
Motorcycle accidents can leave victims dealing with significant emotional trauma. Many experience anxiety, depression, or post-traumatic stress disorder (PTSD) following the accident. The psychological effects of the crash can last long after the physical injuries have healed.
The cost of medical treatment, rehabilitation, lost wages, and vehicle repairs can quickly add up, placing a heavy financial burden on accident victims and their families. For those with long-term disabilities, the financial impact can be devastating.
Serious injuries from a motorcycle accident can limit a person’s ability to work, drive, or care for themselves. This loss of independence can affect every aspect of their life, from their daily routine to their personal relationships.
The ripple effects of a motorcycle accident often extend to family members, who may need to take on caregiving responsibilities or adjust their lives to support their injured loved one. The emotional and financial strain on families can be immense.
Your Legal Rights After a Motorcycle Accident in San Jose
If you’ve been injured in a motorcycle accident caused by someone else’s negligence, you have the right to pursue compensation for your damages. At Scher, Bassett & Hames, we help motorcycle accident victims recover compensation for:
You may be entitled to compensation for your current and future medical bills, including hospital stays, surgeries, medications, rehabilitation, and ongoing care. This also includes the cost of medical devices and modifications to your home if necessary.
If your injuries have caused you to miss work, you can seek compensation for lost wages. If your injuries are permanent and prevent you from returning to work, you may also be entitled to compensation for loss of future earnings.
Motorcycle accidents often cause significant physical pain and emotional suffering. You can pursue compensation for the pain and suffering you’ve endured, as well as for emotional distress, anxiety, depression, and PTSD.
If your motorcycle was damaged or destroyed in the accident, you can recover the cost of repairs or replacement.
In cases where the at-fault driver’s behavior was particularly reckless, such as in cases of drunk driving or extreme negligence, you may be entitled to punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
Statute of Limitations for Motorcycle Accident Claims in California
In California, the statute of limitations for motorcycle accident claims is two years from the date of the accident. This means that if you fail to file a lawsuit within this timeframe, the court will likely dismiss your case, and you will lose the right to seek compensation.
There are some exceptions to the statute of limitations, such as cases involving minors or wrongful death, which may have different deadlines. Given the complexities of these exceptions, it is essential to consult with a motorcycle accident lawyer in San Jose to ensure that your rights are protected and that you file your claim within the appropriate timeframe.
Acting promptly after a motorcycle accident not only helps preserve crucial evidence but also ensures that you meet all legal deadlines, maximizing your chances of a successful claim.
What To Do After a Motorcycle Accident in San Jose
Taking the right steps after a motorcycle accident can significantly impact your ability to recover compensation. Here’s what you should do:
Even if you feel fine after the accident, it’s crucial to see a doctor as soon as possible. Some injuries, such as internal bleeding or traumatic brain injuries, may not be immediately apparent. Prompt medical care also establishes a record of your injuries, which will be important for your claim.
If you are able, take photos of the accident scene, your motorcycle, the other vehicles involved, and any visible injuries. This visual evidence can be invaluable in proving fault and the extent of your damages.
The police report will contain important details about the accident, including who the officer believes was at fault. Be sure to obtain a copy of the report, as it will be essential to building your case.
If there were witnesses to the accident, get their names and contact information. Their testimony can be critical in supporting your claim and establishing fault.
Before speaking with insurance companies or accepting any settlement offers, consult with an experienced motorcycle accident attorney. A lawyer can help you understand your rights, protect you from lowball settlement offers, and guide you through the legal process.
Insurance adjusters may try to get you to make statements that could harm your case or push you to settle for less than you deserve. Let your attorney handle all communications with the insurance company to protect your rights.
Understanding California Motorcycle Accident Laws
Navigating motorcycle accident claims in California can be complicated, but knowing key laws can help ensure you’re prepared. Here are some critical aspects to understand:
California follows a “pure comparative negligence” rule, meaning you can recover compensation even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. If you fail to file within this timeframe, you may lose your right to recover compensation. However, if the claim involves a government entity, such as if the accident was caused by a government vehicle, you may have only six months to file a claim.
Lane-splitting, or riding between lanes of traffic, is legal in California, but it must be done safely. If a motorcyclist is injured while lane-splitting, liability will depend on whether the motorcyclist was acting responsibly and whether the other driver was negligent.
California law requires all motorcyclists and their passengers to wear a DOT-approved helmet. Failing to wear a helmet can impact your ability to recover damages if you are injured in an accident, as the defense may argue that your injuries were worse because you were not wearing a helmet.
Unfortunately, many drivers in California either don’t have insurance or have insufficient coverage. If you are hit by an uninsured or underinsured driver, your own uninsured/underinsured motorist coverage may provide compensation for your injuries and damages.
In cases where the at-fault driver’s behavior was especially reckless or egregious—such as driving under the influence or fleeing the scene—you may be entitled to punitive damages. These damages are meant to punish the wrongdoer and deter similar conduct in the future.
Don’t Face the Insurance Companies Alone
Insurance companies are in the business of protecting their bottom line, not paying out fair settlements. After a motorcycle accident, insurance adjusters may offer you a quick, low settlement that doesn’t cover all of your expenses or account for future medical costs, lost income, and other long-term damages. At Scher, Bassett & Hames, we know the tactics insurance companies use, and we’re here to fight for the full compensation you deserve.
Our attorneys handle all communications and negotiations with the insurance company on your behalf, ensuring your rights are protected every step of the way. If the insurance company refuses to offer a fair settlement, we are prepared to take your case to trial and advocate for you in court.
Let us handle the legal complexities while you focus on your recovery.
How We Can Help You Maximize Your Compensation
At Scher, Bassett & Hames, we are committed to helping motorcycle accident victims recover the full compensation they are entitled to. Our approach includes:
We conduct a comprehensive investigation into the accident, gathering all available evidence to support your claim. This includes police reports, witness statements, traffic camera footage, medical records, and expert testimony. We also work with accident reconstruction specialists to determine exactly how the accident occurred.
We assess the full extent of your damages, including medical expenses, lost wages, future medical costs, rehabilitation, and pain and suffering. Our goal is to ensure you receive compensation that reflects the true impact of the accident on your life, both now and in the future.
Our attorneys are experienced negotiators who know how to handle insurance companies. We fight for the maximum settlement possible, leveraging our legal knowledge and negotiation skills to advocate for your best interests.
If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to court. Our attorneys have extensive experience litigating motorcycle accident cases in San Jose, and we are not afraid to go to trial to secure justice for our clients.
We understand that motorcycle accidents can be life-changing events. Our attorneys provide compassionate support throughout the legal process, keeping you informed every step of the way and ensuring that you feel empowered as your case progresses.
Types of Motorcycle Accident Injuries
Motorcycle accident injuries can be severe and catastrophic, often resulting in long-term damage or disability. The lack of protection for motorcycle riders means that even minor accidents can lead to significant injuries. Common types of motorcycle accident injuries include:
These can range from mild concussions to severe brain damage, often requiring extensive medical treatment and rehabilitation.
These injuries can result in partial or complete paralysis, drastically altering the victim’s quality of life.
Damage to internal organs can be life-threatening and may require emergency surgery.
Common in motorcycle accidents, these injuries can lead to long-term pain and mobility issues.
This occurs when a rider instinctively uses their arm to break a fall, leading to nerve damage.
These devastating injuries often result in amputation or permanent disability.
Severe skin abrasions that can lead to infections and require skin grafts.
These can cause chronic pain and mobility issues, impacting daily life.
These injuries can have a significant impact on a person’s quality of life, causing pain, suffering, and financial hardship. It is crucial for motorcycle accident victims to seek legal assistance to ensure they receive the compensation needed to cover medical expenses and other related costs.
San Jose Motorcycle Accident Statistics
San Jose, California, has a notably high rate of motorcycle accidents, with 263 motorcycle riders suffering injuries or fatalities in a recent year. These alarming numbers highlight the inherent risks that motorcycle riders face on the road. Factors such as driver distraction, speeding, failure to yield, reckless driving, poor road conditions, and vehicle malfunctions frequently contribute to these accidents.
The city’s scenic highways and roads, while beautiful, can be particularly hazardous for motorcycle riders, especially during peak traffic hours. According to the National Highway Transportation Safety Administration, more than 80 percent of all motorcycle crashes result in injury or death to the motorcycle rider or their passenger. This statistic underscores the critical need for motorcycle riders to have experienced legal representation to navigate the aftermath of a crash.
Wrongful Death Claims and Motorcycle Accidents
When a motorcycle accident results in the tragic death of a loved one, the surviving family members may be entitled to file a wrongful death claim. These claims can be complex and require the expertise of a motorcycle accident lawyer in San Jose to navigate the legal process effectively.
A skilled lawyer can help the family of the deceased understand their rights and ensure they receive the compensation they deserve. Wrongful death claims can provide financial support to the family, covering medical expenses, lost wages, and pain and suffering. This compensation can be crucial in helping the family cope with the financial and emotional challenges following the loss of a loved one.
At Scher, Bassett & Hames, we are committed to providing compassionate and dedicated legal support to families dealing with the aftermath of a fatal motorcycle accident. Our goal is to help you secure the justice and compensation you need to move forward.
Contact Scher, Bassett & Hames Today
If you or a loved one has been injured in a motorcycle accident in San Jose, don’t hesitate to seek legal help. Contact us as soon as possible so we can start building a strong case for you. We offer free consultations to discuss your case, answer questions, and explain your legal options.
At Scher, Bassett & Hames, we are committed to securing the best outcome for each client. We understand the challenges you face after a motorcycle accident, and we’re here to help you pursue the compensation you deserve.
Let Scher, Bassett & Hames be your trusted advocate. Contact us today for your free consultation and take the first step toward justice.
Your San Jose Motorcycle Accident Questions Answered
How long do I have to file a motorcycle accident claim in California?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. However, if the claim involves a government entity, the deadline may be shorter. It’s important to consult with an attorney as soon as possible to ensure you don’t miss any critical filing deadlines.
What types of compensation can I recover for a motorcycle accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related costs. In some cases, you may also be eligible for punitive damages if the at-fault driver’s behavior was especially reckless or egregious.
Can I still recover damages if I was partially at fault for the accident?
Yes, under California’s comparative negligence law, you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.
What should I do if the insurance company offers me a settlement?
Before accepting any settlement offer, it’s crucial to consult with an attorney who can evaluate whether the offer is fair and reflects the true value of your claim. Insurance companies often try to settle quickly for less than what your case is worth. An experienced lawyer can negotiate on your behalf to ensure you receive full compensation for your injuries.
How much does it cost to hire a motorcycle accident lawyer?
Most motorcycle accident lawyers, including Scher, Bassett & Hames, work on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue your claim without worrying about upfront legal costs. Our fee is typically a percentage of the settlement or verdict, and we will discuss this with you during your free consultation.
What should I bring to my initial consultation with a motorcycle accident lawyer?
For your initial consultation, it’s helpful to bring any documentation related to your case, such as medical records, accident reports, photographs of the accident scene and your injuries, insurance information, and any correspondence with the insurance company. This information will help your attorney assess the strength of your case and provide you with the best possible advice.