Motorcycles, more than any other vehicle, have a defined dual purpose as both a mode of transportation and a recreational vehicle. For some riders, owning a motorcycle is a part of their identity and a pastime that satisfies like no other. Unfortunately, motorcycles are also vehicles that, when involved in an accident, tend to leave their riders with significant and life-altering injuries. The severity of these injuries can leave a victim with physical and financial ailments which can be challenging to overcome.
The San Jose personal injury attorneys of OnderLaw knows just how devastating a motorcycle accident can be. We also know that sometimes motorcycles riders are unfairly judged by insurance adjusters. Old biases and a “bad boy” reputation, no matter your gender, may mean that your settlement offer from the insurance company is not what it should be. A claim needs to be based on the facts surrounding the incident and the severity of your injuries, not someone’s preconceptions.
If you are injured in a motorcycle accident, and a negligent driver is to blame, contact the team at OnderLaw for a fair assessment of your claim. We can review the facts surrounding the accident and estimate the value of your motorcycle accident claim. Before you settle for anything the insurance company offers, give us a call. We can schedule a free case review to help get you started.
If you want to make sure that you are getting a full and fair estimate of the value of your motorcycle accident claim, you need to speak with an experienced San Jose motorcycle accident attorney. Although not true in all cases, there can still be some bias against those who choose a motorcycle as their means of recreation or transportation.
Riders tend to be singled out for blame when it comes to being involved in an accident, and that bias can significantly impact the amount of compensation they may be able to receive. This unfair judgment may also color an individual’s interactions with an insurance adjuster, and their own words may be twisted and used against them as a result.
When you contact an experienced San Jose attorney to represent you, you are giving yourself the best chance possible at obtaining a favorable outcome for your situation. An attorney can protect your legal rights while they gather evidence and investigate the cause of the accident. With facts in hand, an attorney can estimate the full and fair value of your claim. Then they can then build a compelling case establishing liability and why you deserve maximum compensation.
At OnderLaw, not only do we have a track record of success, but we also are committed to transparently handling your case. We will communicate with you through every step of the process, letting you know what to expect as we work through your case.
Handling a motorcycle claim on your own can be a challenging and daunting process. Get all the support you need by calling a knowledgeable San Jose motorcycle accident attorney today.
Lighted signs on the interstate and catchy motorcycle ad campaigns on television: these are just two of several ways that California tries to impart motorcycle safety awareness to the public. Many motorcycle accidents on San Jose streets could be avoided if only drivers exercised a little extra caution and were more aware of their surroundings.
These are some of the most common causes of negligent motorcycle accidents on the roads today:
Even with a helmet or other protective gear, when you are riding a motorcycle, there is virtually nothing between you and the pavement. Motorcycle injuries tend to be some of the most traumatic and severe, especially if they occur at high speeds or when a large vehicle or truck is involved. The overwhelming force of an impact can shatter bones and trigger critical and life-altering injuries.
While no two motorcycle accidents are ever the same, there are similar patterns of injuries that are common in these types of crashes. Some of the most common injuries suffered in serious motorcycle crashes tend to be:
There is no magic formula that can calculate the value of a motorcycle accident claim. Each claim is unique and must be evaluated based on its own individual circumstances and merits. Often, the severity of the injuries involved and who is at fault for the accident will contribute to the total amount of compensation that an injured victim may be entitled to.
In general, a victim may be able to recover money for the following:
In addition, California follows a model known as the “pure comparative negligence” system. This is a system that is used to divide the blame for a crash and distribute compensation accordingly. If a case goes to court and the motorcycle accident victim is found to have played even a ten percent role in causing the accident, their share of the compensation will be decreased by that same ten percent. Even the at-fault driver is entitled to receive compensation, but again, if they are 90 percent responsible for causing the accident, they are only due the total amount of compensation assigned to them, minus 90 percent. They are also still on the hook for covering the other driver’s expenses.
The pure comparative negligence rule binds the court system, but it also strongly influences how an insurance adjuster will value compensation for a claim, as well. This is why it is important to have an attorney on your side, advocating for you.
A statute of limitations is a time limit on how long an individual has to file a lawsuit. When it comes to vehicle accident claims, which fall under the personal injury category, an individual has two years from the date of the crash to file legal action. For those wanting to only recover the cost of damage to the motorcycle and not medical expenses, the law allows them three years to file a legal claim.
According to statistics from the National Highway Transportation Safety Administration, in 2019, there were 5,014 motorcyclists killed in collisions. This number accounts for 14 percent of all traffic fatalities for the year. In California that same year, there were 451 recorded motorcycle fatalities, 123 of those fatalities had a BAC of at least .08 at the time of their death.
The Insurance Information Institute found that in 2019, motorcyclists were 29 times more likely than those traveling in passenger cars to die in a traffic crash.
These statistics may seem high, but the San Jose area has seen a rise in traffic fatalities. The increases are so extreme that the city is working on plans to significantly reduce the number of traffic-related fatalities.
Motorcycle accidents are singularly traumatic life experiences. In a matter of seconds, a person’s entire way of life can change, and they may be saddled with physical injuries and financial debt that can last a lifetime.
If you are involved in a serious motorcycle accident, take steps to protect yourself now and call an experienced San Jose motorcycle accident attorney. At OnderLaw, we will work tirelessly to represent you and go after all the compensation that you deserve. Contact our office today and let’s set up your free initial consultation.