Motorcycle Accident FAQs

San Jose Personal Injury Attorneys

If you’re the victim of a motorcycle accident, you might have some questions. At Caputo & Van Der Walde LLP, our San Jose personal injury lawyers have the answers. We offer free consultations in order to better understand your motorcycle accident, explain your rights, and discuss your options. If you have a question not answered here, please call our staff for help with your case.

Call (800) 900-0863 today


Q: What should I do if I am involved in an accident on my motorcycle?

If you’re hurt, the first thing you should do is seek medical attention. If you’re able to stick around, take photos or videos of your injuries and damage to your motorcycle. Collect basic information from the other driver, such as their driver’s license number and insurance policy, and keep copies of any medical records or bills related to the accident. Also, never admit fault.

Q: Should I get the police involved?

An incident report is a critical document and proof of the accident, as well as the circumstances, to insurance companies. Not involving law enforcement could risk losing this important information.

Q: What if my injuries aren’t serious?

You should still seek medical attention. The full extent of your injuries cannot always be immediately determined and may require more tests. In addition, this creates a paper trial of your injuries in case you are accused of lying or exaggerating.

Q: What are the most common injuries sustained during a motorcycle accident?

Traumatic brain injuries, road rash, muscle damage, biker’s arm, leg injuries, spinal cord damage, broken bones and neck and back pain.

Q: I forgot my helmet. Does that affect my lawsuit?

No. The responsible party can still be held accountable for the damages caused.

Q: Should I talk to the insurance company’s representative?

No. It is wise to wait and allow your lawyer to speak with the insurer on your behalf. This prevents the insurance company from taking advantage of your rights. Insurance companies tend to send lowball offers, which may not be enough to cover medical expenses and property damage.

Q: Is it difficult to prove a motorcycle accident was someone else's fault with the reputation of motorcyclists being reckless?

It can be difficult if you do not have the proper evidence. You have a stronger chance if you can prove a multitude of factors - something an attorney can help you with.

Q: How long do I have to file my case?

The time limit, known as the statute of limitations, to file a motorcycle accident lawsuit in California is 2 years, starting from the day of the accident. If you want to file a lawsuit over damage to your motorcycle, you have 3 years. If these deadlines pass and you try to file a lawsuit, the court will almost certainly refuse to consider your case.

Q: Should I get an attorney after a motorcycle accident?

An attorney can ensure you are treated fairly by the insurance company, take responsibility for a complete investigation of the crash and document your injuries so you are adequately compensated.

San Jose Motorcycle Accident Attorneys

Our San Jose motorcycle attorneys at Caputo & Van Der Walde LLP offer a free consultation to discuss the aspects of your case and to address any questions you may have about a personal injury lawsuit. Call our firm at (800) 900-0863 today to schedule a consultation.

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