Why Choose Venardi Zurada After a Motorcycle Accident in San Jose?
At Venardi Zurada, our decades of experience make all the difference. We know how to build strong cases, push back against insurance companies, and get significant results for clients like you because we’ve done it before. We’ve recovered over $100 million in total compensation, including millions secured for motorcycle accident victims.
Our attorneys live and work across the Bay Area and are committed to serving their friends and neighbors. As the Official Sponsor of the San Francisco 49ers, we’re proud of our roots and care deeply about our communities. Our hometown lawyers know what you’ll go up against after a motorcycle crash and understand how to navigate local laws and courts.
We offer free, confidential consultations and provide services beyond legal representation, such as helping you find medical treatment if you’re dealing with serious injuries. If you don’t win a recovery, you won’t pay us any fees.
Our Notable Wins in Motorcycle Accident Cases
Our San Jose motorcycle accident lawyers know how to get results. Here are some of the significant recoveries we’ve secured for motorcycle crash clients:
- $3 million for a motorcyclist who needed surgery for a fractured hip and forearm after a construction employee cut across his lane and hit him.
- $800,000 for the family of a father killed in a motorcycle crash with another vehicle.
- $200,000 settlements in separate cases where motorcyclists were seriously injured after being hit by careless drivers.
What Are Common Causes of Motorcycle Accidents in San Jose?
Many different factors can contribute to motorcycle accidents, but they’re most frequently caused by the unsafe or careless behavior of other drivers. Common causes of motorcycle crashes include:
- Distracted driving
- Speeding
- Driving under the influence
- Changing lanes without checking for motorcycles
- Opening car doors into the path of a motorcycle, known as “dooring”
- Tailgating or following behind riders too closely
- Failure to yield, including unsafe left turns
- Poorly maintained roads
- Unsafe weather conditions
What California Laws Can Affect Your Motorcycle Accident Case?
California’s traffic and insurance laws can directly shape who is held responsible after a motorcycle crash and how much compensation you can recover. Understanding the rules below can help you protect your claim from the start.
Comparative Negligence
Thanks to California’s comparative negligence rules, you can still recover compensation if you share partial responsibility for a motorcycle accident. However, your available damages will be reduced by your percentage of liability, and insurance companies often try to pin as much blame as possible on motorcyclists. An experienced attorney can help push back against unfair narratives and minimize your liability.
Lane Splitting in California
“Lane splitting,” or riding between lanes of traffic, is legal under California law. However, many drivers don’t know lane splitting is permitted and may engage in behaviors that make it dangerous for motorcyclists, such as “dooring” or blocking the space between lanes during stoppages.
Like other motorcycle accidents, crashes that occur while lane splitting still require an investigation to determine who was at fault. It’s important to ride carefully when lane splitting, as you may share some liability for a preventable accident.
Helmet Requirements
California law requires all motorcyclists and passengers to wear a helmet that meets federal safety standards while on the road. If you are hurt in a motorcycle accident without a helmet, insurance companies will argue that you share liability for failing to keep yourself safe and mitigate your injuries.
However, you can still pursue a motorcycle accident claim even if you weren’t wearing a helmet. Our attorneys can review your circumstances and explain your legal options.
Who Can Be Liable for a Motorcycle Accident in San Jose?
While other drivers are usually responsible for motorcycle crashes, other parties can also share liability depending on the circumstances of the accident:
- Companies that own or operate commercial vehicles, if one of their trucks was involved
- Vehicle or parts manufacturers, if a defective product contributed to the accident
- Government entities or maintenance contractors, if unsafe road conditions caused the crash
What Evidence Is Used to Determine Fault?
Determining who is liable for a motorcycle accident requires a thorough investigation of what happened before, during, and after the crash. Your lawyer will review a variety of evidence to understand what happened, including:
- The police report detailing the incident
- Accounts from witnesses
- Photos and surveillance footage of the scene
- Vehicle damage reports
- Medical records showing the impact of your injuries
- Testimony from accident reconstruction experts
Each of these types of evidence can help an attorney uncover what led to the crash and establish that it caused the victim’s injuries. Strong evidence is especially important in situations where the responsible party or its insurance company disputes liability for the accident.
What Compensation Can You Recover After a Motorcycle Accident?
You can recover compensation for the value of the financial and personal losses you’ve suffered because of your motorcycle accident, which are generally categorized as economic and non-economic damages.
Economic damages include monetary expenses and losses, such as medical bills, lost wages, property damage, reduced earning capacity, and future care costs. Non-economic damages compensate for harm done to your well-being, including emotional distress, pain and suffering, disfigurement, loss of consortium, and more.
The exact value of the damages you’re entitled to will depend on the severity of your injuries, who is liable and to what extent, the availability of insurance coverage, and other factors. An experienced San Jose motorcycle accident attorney can help estimate what your claim is worth.
How Do Insurance Companies Handle Motorcycle Accident Claims?
When insurance companies learn that one of their policyholders may be liable for a motorcycle accident, they usually assign investigators to determine who is at fault, assess the severity of the victim’s injuries, and determine the value of the company’s potential liability. Insurers want to pay injury victims as little as possible, and they may work to undermine your claim if they see an opportunity.
It’s important not to speak with insurance adjusters before talking to a motorcycle accident attorney, as insurers can and will twist your words to push more liability onto you or minimize your injuries. You should also refuse to accept any early settlement offers, as they are likely attempts to resolve your claim quickly for much less than it’s actually worth.
How Long Do You Have to File a Motorcycle Accident Claim in California?
California has a two-year statute of limitations for most personal injury claims, including motorcycle accident cases. However, some exceptions apply in certain circumstances, such as when the victim is a minor or legally incapacitated. If a government entity is liable for your motorcycle crash, your claim may follow a different set of requirements and deadlines.
It’s important to take action quickly after a motorcycle accident, as waiting could weaken your claim or even prevent you from pursuing compensation. Talk to a San Jose motorcycle crash attorney as soon as possible to get the legal advice you need.
How Can a San Jose Motorcycle Accident Lawyer Help With Your Case?
A trusted motorcycle accident attorney can take on all the complicated, stressful aspects of pursuing compensation for your injuries, giving you the time and energy to focus on healing instead. Your lawyer can help with your case by:
- Investigating the scene of the accident
- Gathering and reviewing evidence to determine liability
- Estimating the value of your losses to pursue all the damages you’re entitled to
- Assessing available insurance coverage and negotiating with insurers to reach a settlement
- Filing a lawsuit and representing you in court, if necessary
Hear It From Our Satisfied Clients
"Communication That Builds Trust"
To judge any firm, it is always important to review the support staff, who usually are the face of any company. My assessment of one of Venardi Zurada’s case managers is why I give this firm 5 stars. She is professional in how she communicates, listens, and keeps in touch with her clients. She creates a relationship of trust and security, which are instrumental in any law firm.
Nancy S.
To judge any firm it is always important to review the support staff, which usually are the face of any company. My assessment of one of Venardi Zurada’s case managers is why I give this firm 5 stars. She is professional in how she communicates, listens and keeps in touch with her clients. She creates a relationship of trust and security which are instrumental in any law firm.
Fatima R.
Talk to Our San Jose Motorcycle Accident Lawyers Today
We’re ready to help you when you need us most. If you’ve been hurt in a motorcycle accident in San Jose, contact us online or call 833-893-6763 today to schedule a free, confidential consultation with the Venardi Zurada team.
