Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Jose has a mild Mediterranean climate that seems perfectly suited to riding a motorcycle. Unfortunately, with motorcycle riding comes motorcycle accidents. If you’ve been involved in an accident, you might need some guidance on where to turn.
Lucky for you, we’ve put together a list of the best motorcycle accident lawyers in San Jose. We also review some important motorcycle laws in California and share some tips on how to find the right attorney for you.
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Best Motorcycle Accident Attorneys in San Jose
Compare Our Top Attorneys
Other Motorcycle Accident Lawyers
Filing a Motorcycle Accident Lawsuit in California
If you’ve been injured in a motorcycle accident and are considering filing a lawsuit, the steps are fairly straightforward. All you have to do is file a document with the right court stating your claim and what you’re trying to get.
Of course, you have to know exactly who you’re filing it against. Is it the at-fault driver? Is it their insurance company?
And knowing where to file it may not be as straightforward as it seems. The court where you file may depend on how much money you’re trying to get. And you may need to file in the county where the accident happened or where the defendant lives, which may not be where you live.
And of course you only have a limited time to file a claim after your accident. The best way to handle a motorcycle accident claim is by finding a great San Jose motorcycle accident lawyer.
California Statute of Limitations
A statute of limitations is a time limit within which legal action must be initiated. It serves as a deadline for filing a lawsuit or making a claim related to a specific event, such as an injury. Each state has its own statutes of limitations, which can vary depending on the type of case.
In general, California law sets a statute of limitations of two years for motorcycle accident injury cases, including those arising from motorcycle accidents. This means that from the date of the accident, you typically have two years to file a lawsuit seeking compensation for your injuries. It’s important to note that if you miss this deadline, you may lose your right to pursue legal action and seek the compensation you deserve.
Motorcycle-Specific Laws in California
As in all states, motorcycle riders in California must follow all state laws for motor vehicles. California also has many laws that apply only to motorcycles.
- Lane Splitting. California doesn’t ban lane splitting—riding motorcycles between lanes of traffic. In many states, lane splitting is illegal, but California allows it as long as the rider is not driving recklessly.
- Helmets. All drivers and passengers on motorcycles must wear approved helmets. Passengers wearing helmets can receive tickets if the driver isn’t wearing a helmet.
- Age Restrictions. In California, motorcycle drivers under 18 years old must have written parental permission to ride a motorcycle. In addition, all drivers under 21 must complete the California Highway Patrol Motorcyclist Training Course.
- Safety Features. California laws require all handlebars no more than six inches above the rider’s shoulders. Other laws require that all motorcycles made after 1973 have working turn signals and that all motorcycles made after 1978 use headlights at all times.
Identifying Fault for a Motorcycle Crash
California is a fault-based or “tort” state for auto insurance. In a fault-based state, the at-fault driver is responsible for covering the damages caused in an accident. All drivers are required to carry liability insurance, which helps compensate for the losses of the other party involved if the insured driver is deemed responsible for the accident.
This system focuses on determining fault and assigns financial responsibility accordingly. If you’re involved in a motorcycle accident in a fault-based state, the insurance companies will investigate the circumstances to determine who was at fault, and the at-fault driver’s insurance will typically be responsible for covering the damages and injuries resulting from the accident.
California is one of a minority of states that follows pure comparative negligence to determine how parties can recover after an accident.
Most states follow a modified version of comparative negligence that only allows someone to sue if they are less than 51% responsible for the accident. California allows anyone to seek recovery for their damages, but that recovery will be limited by how responsible they were for the overall accident.
For example, a rider with $50,000 in damages who is found to be 10% at fault would recover $45,000 under either type of comparative negligence. If that same rider was found to be 70% at fault, they couldn’t recover in a modified comparative negligence jurisdiction, but in California, they could recover $15,000.
How Can an Attorney Help You?
A motorcycle accident attorney in San Jose can help in various ways after an accident. They can ensure that your rights are protected and that you don’t make a mistake in negotiating or settling with any party involved. You may not be an expert on insurance or California injury law, but having an attorney working with you means you don’t have to be.
An attorney can also take the burden of dealing with other parties off your shoulders. They can handle any correspondence and negotiation as well as the paperwork that goes along with it.
Perhaps most importantly, an attorney can assess your injuries and property loss and evaluate how much your case is worth. They can tell you when a company is trying to take advantage of you, and they can tell you when an offer is fair and worth considering.
Finally, an attorney can gather evidence and build a case to support your position in negotiations and, if necessary, take your claim to court.
How to Find the Best Motorcycle Accident Lawyer in San Jose, California
Here are a few things to keep in mind while you’re looking for a motorcycle accident lawyer in San Jose:
- Seek recommendations: Start by asking friends, family or colleagues if they have any personal recommendations for motorcycle accident lawyers. Personal referrals can provide valuable insights and help you narrow down your options.
- Check credentials and experience: Look for lawyers who specialize in personal injury law and have significant experience in handling motorcycle accident cases. Verify their credentials, education and any certifications or awards they may have received. A lawyer with a proven track record in successfully resolving motorcycle accident cases indicates their competence.
- Schedule consultations: Reach out to the lawyers you are considering and schedule initial consultations. This is an opportunity to discuss your case, ask relevant questions and assess their responsiveness and communication style. Pay attention to how comfortable you feel interacting with them and whether they provide clear and comprehensive answers.
- Evaluate fees and payment structure: Inquire about the attorney’s fee structure during the initial consultation. Some lawyers work on a contingency fee basis, where they only get paid if they win your case and receive a percentage of the settlement or award. Ensure you fully understand their fees and any additional costs involved.
- Trust your instincts: When selecting a motorcycle accident lawyer, trust your instincts. Choose someone who instills confidence, demonstrates genuine care for your situation, and has the necessary expertise to handle your case effectively.
Methodology
To come up with the Best Motorcycle Accident Lawyers in San Jose in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What are most motorcycle lawyer fees for an accident?
Most motorcycle accident lawyers will work on a contingency basis. This means you will pay nothing upfront and will have no out-of-pocket costs for their representation. The attorney will keep a percentage as their fee when the case is settled or reaches a verdict. Most contingent fees are between 25% and 35%.
Some attorneys offer sliding contingent fees based on how far the case progresses. For example, your lawyer might take 25% of the settlement if the settlement is reached without having to file a lawsuit. If your case goes to trial, your lawyer might take 30% or more.
It is vitally important that you understand the fee structure you consent to when you agree to be represented by a lawyer.
What types of compensation can I seek after a motorcycle accident in California?
After a motorcycle accident in California, you may be eligible to seek various types of compensation, including medical expenses, lost wages, property damage, pain and suffering and rehabilitation costs. Consulting with a motorcycle accident lawyer in San Jose can help you understand the specific damages you may be entitled to pursue based on the circumstances of your case.
What should I bring to the initial consultation with a motorcycle lawyer?
You should bring any documentation related to the accident, such as accident reports, medical records, photographs and correspondence with insurance companies. It’s also a good idea to bring a list of questions or concerns you may have, and be prepared to provide a detailed account of the accident and your injuries.
