Motorcycle Accident Lawyer in San Jose, CA
A motorcycle does not provide the same level of safety and protection that is provided by a car or truck. While motorcyclists wear helmets and body armor, there are still no airbags or steel frames to protect the rider. No matter how many years of experience a motorcyclist has riding or how safely he or she drives, a serious accident can still occur.
If you or a loved one has been involved in a motorcycle accident and has sustained severe injuries, Dash Injury Law Firm is here to help. Our legal team understands California traffic laws and we have the experience needed to pursue a San Jose, CA motorcycle accident lawsuit.
Motorcycle Accidents in San Jose, CA
Many San Jose residents use motorcycles as their main method of transportation for commuting. Motorcyclists are able to beat traffic jams by lane splitting and finding parking for their motorcycles is much easier than a car. However, San Jose has seen its fair share of motorcycle accidents over the years. In March 2020, a motorcyclist was killed after being hit by a Jeep at Monterey Road and Valleyhaven Way. There have also been incidents where large trucks have collided with motorcycles. In June 2014, one trucker made a u-turn crossing over the fast lane and did not see a motorcyclist in this lane. The two vehicles collided and the motorcyclist was pronounced dead at the scene.
As shown by the two accidents above, motorcycle accidents often result in fatal accidents. An experienced San Jose attorney will be needed to help the family of the deceased file a wrongful death lawsuit.
California Motorcycle Laws
Below are some important California motorcycle laws that motorcyclists should know:
- All motorcyclists must wear a safety helmet at all times. This is required of all ages and both the riders and passengers.
- There is no age restriction for motorcycle passengers.
- Lane splitting in California is legal, however, this method of passing traffic is extremely dangerous and riders are advised to use caution.
- Motorcyclists are allowed to wear earplugs as long as he or she is able to hear horns and sirens.
- Motorcyclists are not required to wear eye protection.
- Motorcycles are required to have at least one rearview mirror.
- Motorcycles manufactured after 1978 must use headlights during the day.
Motorcyclists in San Jose, CA must follow these laws because:
- The laws are in place for the rider’s safety and the safety of other vehicles on the road.
- The laws allow motorcycle accident victims to have a stronger case. For example, if the plaintiff was not wearing a helmet during the accident, they can still pursue legal action against the at-fault driver. However, the defendant’s attorney can make the claim that the plaintiff’s failure to wear a helmet contributed to the plaintiff’s injuries, thus reducing your compensation by a certain percentage.
A San Jose, CA motorcycle accident lawyer will take into account all applicable California laws to help victims build a strong case to win the maximum settlement amount.
Get Help From a San Jose, CA Motorcycle Accident Lawyer
Filing a motorcycle accident lawsuit can prove to be difficult without legal representation. An experienced motorcycle accident lawyer in San Jose, CA will be needed to discover evidence, analyze the accident, conduct witness questioning, and much more.
When speaking with insurance companies, it is highly recommended that plaintiffs have an experienced lawyer by their side to help negotiate a fair settlement for damages from the accident. If the insurance company does not offer you fair compensation, the lawyer will pursue a lawsuit in court against the negligent parties,
Accident victims and their families are advised to find a lawyer as soon as possible if legal action needs to be taken. The motorcycle accident lawyer in San Jose, CA will be the legal representative for the plaintiff throughout the entire process.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.