Although motorcycles only account for 3% of registered vehicles on the road, motorcyclists make up 14% of all traffic accident deaths that occur. The chances of an accident and injury are greater for riders due to the vehicle’s small size and the lack of external protection.
If you or a loved one got hurt in this kind of crash, you may have serious injuries that entitle you to compensation in California. A San Jose motorcycle accident lawyer at Greenberg Gross can help you file a claim. We provide free consultations to accident victims and families seeking legal help.
What Are My Legal Options After a Motorcycle Accident in San Jose, California?
If you suffered injuries in a collision, you have a right to recover financial compensation from the at-fault party. California uses a fault-based insurance system. As an “at-fault” state, it requires drivers to carry liability insurance in the amount of at least $15,000 for bodily injury or death for one person, $30,000 for bodily injury or death per accident, and $5,000 in property damage insurance. All drivers and motorcyclists must have this insurance in case they cause a crash.
First-Party Insurance Claim
If you have first-party insurance, such as MedPay, uninsured/underinsured motorist protection, or collision coverage, you can file a claim with your insurance provider to recover from your motorcycle accident-related losses.
Filing a Third-Party Insurance Claim
If you get into a motorcycle accident that another driver causes, you can file an insurance claim against them to recover money for your losses. This is known as compensatory damages. The insurance adjuster handling your claim will decide whether to approve your claim for the money you are demanding.
Alternatively, you could file a personal injury lawsuit against the at-fault party to recover compensation for your losses. When you file a lawsuit, you make an official complaint in court, seeking the money you feel the other party owes you. Your motorcycle accident case may settle at any point, but if your case goes to trial, a judge or jury will decide the outcome.
You can file a first-party and third-party claim against the other driver. It’s your right in California. A San Jose motorcycle accident attorney at our law firm can facilitate both types of claims. First-party insurance is limited to only certain types of recovery. Medpay will only take care of your medical expenses. UM/UIM only kicks in where the at-fault driver did not have insurance, or their insurance was inadequate. Finally, collision coverage will cover the cost of your damaged motorcycle.
Any damages outside those special categories are not included. So, if you want to recover your lost income or pain and suffering, for instance, you would have to file a third-party claim or lawsuit to collect compensation for it.
What Damages Can a San Jose Motorcycle Accident Lawyer Help Me Recover?
When one of our motorcycle accident lawyers serving San Jose takes on your case, they will assess the total potential damages you could recover. Personal injury victims can pursue compensation for their financial and non-financial losses. The former category includes any of the expenses you incurred due to the motorcycle crash, like medical bills. By contrast, the latter group includes the losses you suffered that have no inherent monetary value.
For instance, suffering from severe road rash doesn’t directly cost you money, but it does cause pain, limit your functioning capacity, and may leave you with scars. Our San Jose injury lawyers can help you recover damages for losses, such as:
- Lost income due to missed work
- Medical treatment
- Physical rehabilitation
- Motorcycle repair or replacement
- Transportation costs
- Scars or disfigurement
- Physical trauma
- Emotional distress
- Diminished quality of life
Greenberg Gross extends our deepest condolences if you’ve lost a loved one in a motorcycle accident. You can hold the at-fault party accountable through a wrongful death lawsuit. Our attorneys serving San Jose may be able to help you recover:
- Lost financial support
- Funeral and burial expenses
- Grief and other emotional distress
- Loss of services
- Loss of consortium
- Loss of protection, care, guidance, love, etc.
Filing Deadline for Motorcycle Accident Cases in San Jose, California
The statute of limitations for personal injury lawsuits in California is generally two years from the date of injury, per CCP §335.1. You must act quickly after getting hurt in a motorcycle accident. It takes time to build a strong case, work through medical treatment, investigate the crash, and retrieve supporting evidence.
We encourage you to get in contact with our San Jose motorcycle accident attorneys to start your case as soon as possible. If there is an exception to your case’s legal deadline, we can advise you after learning more about your situation.
California’s Injured Turn to Greenberg Gross for Professional Legal Representation
Greenberg Gross has a reputation for delivering results in high-stakes cases in personal injury and beyond. Our dedicated injury attorneys provide years of experience and focused client attention. We have operated in excellence under the leadership of nationally recognized, award-winning litigation attorneys.
Your motorcycle accident case is in good hands with our San Jose law firm. You can count on our legal team to take on all the duties of filing your injury case, such as:
- Investigating the cause of your motorcycle crash
- Speaking to witnesses
- Gathering documentation and evidence to prove your economic and non-economic losses
- Handling communication with the insurance company
- Helping you secure medical treatment
- Negotiating for your fair settlement
- Suing the opposing party to obtain compensation
Call Us When You Want a San Jose Motorcycle Accident Lawyer with a Strong Voice
We listen to our clients with a compassionate and empathetic ear. That allows us to connect with our clients and serve as a strong voice of advocacy for their rights and needs. Your San Jose motorcycle accident attorney is a member of an award-winning team that has secured more than $300 million for injury victims throughout California.
If you suffered an injury or lost a loved one due to a motorcycle, call Greenberg Gross for a free consultation. We take cases without any upfront or out-of-pocket charge.