San Jose Motorcycle Accident Lawyer

Were You Injured in a San Jose Motorcycle Accident?

The joy of riding through downtown San Jose or Highway 101 on a motorcycle can come to a screeching halt when an accident occurs. Maybe it was a car making a left turn or a truck changing lanes that caused your accident. Whatever the cause may be, The Law Offices of Daniel Kim can help you recover, both financially and physically. We are a plaintiff’s law firm that only represents injured victims in accidents caused by a negligent driver. We are proud to serve the city of San Jose and can help you after a devastating accident.

Daniel Kim is a top-rated San Jose personal injury lawyer dedicated to serving clients in nearby neighborhoods in San Jose and surrounding cities of Santa Clara County including Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Palo Alto, Gilroy, Morgan Hill, Los Gatos, Campbell, Saratoga, Los Altos, Los Altos Hills, Monte Sereno, Willow Glen, Rose Garden, Almaden Valley, Evergreen, Cambrian Park, Blossom Valley, Downtown San Jose, Japantown, West San Jose, and Berryessa.

No Win. No Fee. Guaranteed.

Our firm works on a contingency-fee basis, which means you don’t pay lawyer fees until we win your case. We are available to discuss your personal injury case during a free, comprehensive consultation. Call us at (408) 882-1681 or fill out a quick online form to speak with a San Jose motorcycle accident attorney today.

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Why Hire Daniel Kim as Your San Jose Motorcycle Accident Lawyer?

The Law Offices of Daniel Kim is an award-winning California personal injury law firm dedicated to helping motorcycle accident victims regain their strength and peace of mind. From the beginning, we have always had our clients’ best interests in mind – not the insurance company.

Daniel Kim, Esq. is a highly rated motorcycle accident lawyer who has grown his practice over the years to offer the best possible service to injured motorcycle victims. Named a “Top 40 Under 40” Lawyer from the National Trial Lawyers, he has recovered over $250 million in compensation for clients. Additionally, Daniel holds the prestigious AV Preeminent Rating, the highest rating for an attorney, and he has earned the Platinum Client Champion Award from Martindale-Hubbell.

The firm is proud to maintain a 99% success rate among motorcycle accident cases. Our friendly and attentive legal team is ready to discuss your San Jose motorcycle accident in a free case evaluation. In addition to our English-speaking staff, we have Spanish and Korean-speaking team members available.

Do You Need a Motorcycle Accident Lawyer?

Every motorcycle crash is different. However, one thing that remains constant is the need for legal representation. When a rider suffers injuries, the recovery process can be lengthy, and above all, very costly. Medical costs, including doctor visits, treatment, and medication, can far exceed your insurance policy, leaving you with a stack of bills. An experienced lawyer can help you recover financial losses like medical expenses so you can return to life as normal before your accident.

As an added bonus, working with a lawyer gives you the best possible chance at winning maximum compensation for your case. If you file a claim on your own, you might settle for a lowball offer from the insurance company. Our firm knows how the big companies operate, applying deceitful  tactics to get out of a fair settlement – and we never fall for it. We will work hard everyday to win your case and recover the compensation you deserve.

If you are considering when to hire a lawyer, do not wait too long. Under California’s statute of limitations, accident victims have two years from the accident date to file a personal injury claim. Reach out to a San Jose motorcycle accident lawyer as soon as you can to start your claim.

How Much Are Motorcycle Accident Claims Worth?

Generally speaking, the more severe the injuries, the higher the settlement. Your motorcycle accident claim is unique to you, and therefore requires close examination by our team. We will take a look at all of the evidence pertaining to your case to determine the value of your claim. Here are some examples of damages, or losses, that can be part of a motorcycle injury claim:

• Current and future medical bills, including hospital bills and medication 
• Long-term medical care or physical therapy
• Motorcycle damage
• Lost wages
• Lost earning capacity
• Pain and suffering, including emotional trauma
• Loss of consortium (companionship)

If a loved one was killed in a San Jose motorcycle accident, you may be able to file a wrongful death claim. Under California law, a family member or spouse can sue for damages associated with the loss, including funeral and burial expenses and lost earnings.

What Are Common Causes of Motorcycle Accidents?

In California, there are over 800,000 registered motorcycles, and that number continues to grow. Steep gas prices and congested highways are two of the main motivators for drivers to switch from a passenger vehicle to a motorbike. However, every rider likely has his or her own unique reasons for getting around on two wheels.

Unfortunately, more motorcycles on the road equates to higher chances of accidents. Motorcycle accidents are often far more serious than car accidents, given that riders do not have the protection of an airbag or seatbelt. Common causes of motorcycle crashes include:

• Unsafe lane changes
• Left-turn accidents
• Distracted driving
• Lane splitting
• Tailgating 
• Driverless technology
• Reckless driving, including speeding and road rage
• Poor road conditions

Not all motorcycle crashes are caused by a careless or speeding driver. Sometimes, a mechanical or design defect can cause an accident. In the case of a design or construction defect, victims can file a product liability lawsuit against the bike manufacturer. Speak with an experienced lawyer today to discuss your motorcycle accident claim.

Who Is At Fault in Most Motorcycle Accidents?

Despite common belief, most motorcycle accidents do not occur on highways at 90 miles per hour, but rather at low speeds and on roads and intersections. The truth is that most motorcycle accidents happen because of driver negligence — distracted driving, speeding, and driving under the influence. Identifying and proving fault is a crucial step in any personal injury claim. In order to prove the other driver was at fault, you must identify four elements:

1. The driver had a duty of care to drive safely and abide by traffic laws.
2. The driver breached his or her duty of care.
3. The driver’s breach caused the accident and injuries.
4. The accident caused damages to the victim.

While there are cases where the driver is found 100% at-fault, many times both parties have some responsibility for the accident. California is a comparative negligence (partial liability) state, meaning that even if a motorcycle rider had some fault in the accident, he or she can still file a claim. A thorough investigation determines fault in an accident, but insurance companies can disregard evidence  in order to avoid liability. However, motorcycle accident lawyers who understand how insurers operate can greatly affect the outcome of your case for the better.

What Should You Do After a Motorcycle Accident?

After any kind of motor vehicle accident, you should always move out of harm’s way, call 911, and remain at the accident scene. After the police have taken down your statement, it’s very important that you seek medical attention, no matter how minor your injuries might seem. Here are other necessary steps you must take after a motorcycle accident:

1. Gather information at the scene: Exchange information with the other driver, including contact information and insurance company details. Also, make sure to request a copy of the police report.
2. Get witness statements: If there are witnesses, get their contact information and contact them as soon as you’re able to.
3. Take photos or videos: In a motorcycle accident, your bike is likely to be damaged. Take photos of the damage, your injuries, road conditions, and traffic signs where the accident occurred.
4. Be careful about what you say: The question of who is at fault will likely come up minutes after an accident, but be careful about what you say. It is best to leave discussions of fault to your attorney who can handle communication with the insurance company and other parties.
5. Contact motorcycle accident attorneys: An experienced San Jose motorcycle accident attorney can guide you on how to file a motorcycle accident claim.

What Should You Do After a Motorcycle Hit-and-Run?

Any accident where the at-fault driver flees the scene without leaving identifying information to the other involved parties or police is considered a hit-and-run. In California, it is required by law to stop and exchange information — no matter how minor the accident may be. If you have been a victim of a motorcycle hit-and-run, it’s important to follow the aforementioned steps of what to do after an accident. In addition, take notes about the collision, detailing the make, model, and color of the vehicle, the driver’s appearance, and what direction they were headed.

If the driver is identified, you can file a claim against their insurance, just as you would in a regular accident. However, if you are unable to track down the driver, you can file a claim through your uninsured motorist coverage. If you do not have this coverage, your collision coverage may cover some of the costs.

Hit-and-run accidents are scary and unsettling. Having the support from an experienced hit-and-run attorney can help you maximize your insurance coverage when the at-fault driver is not found or does not have insurance.

What Are the Most Common Injuries of a Motorcycle Accident?

More often than not, motorcycle accidents result in severe injuries or death. Data from the National Highway Traffic Safety Administration (NHTSA) shows that motorcycle riders are 26 times more likely to die in a crash than someone riding in a standard passenger car, and are 5 times more likely to be injured.

Our San Jose motorcycle lawyer has been successful in recovering expenses for the following common motorcycle accident injuries:

• Head and traumatic brain injuries
• Spinal cord injuries, including paralysis
• Broken bones
• Biker’s arm (nerve damage)
• Internal injuries
• Road rash
• Lower extremity injuries
• Neck injuries
• Amputations

We understand how serious injuries can change your life, and we care deeply about your well-being. Our team will work diligently to get you fair compensation for your injuries and medical treatment.

San Jose Motorcycle Crash Statistics

Sadly, fatal traffic accidents have been on a steady rise in San Jose. According to several local news outlets, 2022 was one of the deadliest years for traffic fatalities with over 60 lives lost. While San Jose lawmakers have taken steps to reduce traffic fatalities with the Vision Zero plan, accidents involving motorcycles, pedestrians, and bicyclists are increasing at a rapid rate.

Dangerous Roads and Intersections

San Jose is the third-largest city in California and the capital of Silicon Valley. As a major tech and economical hub, it’s no surprise that San Jose’s streets, intersections, and highways are often packed with vehicles. Below are some of the most dangerous roads and intersections that motorcycle riders should be aware of:

• Mclaughlin Ave. and Story Rd.
• Almaden Expwy and Blossom Hill Rd.
• 6th St. and Taylor St.
• Monterey Rd.
• White Rd.
• Tully Rd.
• Interstate 280 from Meridian Ave. to Wilshire Blvd.
• Capitol Expwy
• US Hwy 101
• SR 17

Contact Our Motorcycle Accident Attorney Near You

If you or a loved one suffered injuries in a San Jose motorcycle accident, you may be entitled to compensation. Our dedicated legal team can help you file a claim against the at-fault party and get the justice you deserve. We are available 24/7 for a free consultation, either by phone or in-person.

Experienced attorney, Daniel Kim, is proud to serve clients in nearby neighborhoods and towns in the San Jose and San Francisco Bay area. Don’t wait a day longer to call us — we are confident we can help you win your case.

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Directions to our San Jose Office

Car Accident Lawyer Daniel Kim — San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681