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Victim of a Motorcycle Accident?

San Jose Motorcycle Accident Attorneys

Get 85+ Years of Experience on Your Side

A motorcycle accident can happen in the blink of an eye, but the consequences can last a lifetime. As the victim of a motorcycle accident caused by another party, you may have the right to pursue financial compensation for all resulting damages.

You may be entitled to compensation for:

  • Medical costs
  • Property damage
  • Lost wages
  • Pain & suffering

Our San Jose motorcycle accident lawyers at Caputo & Van Der Walde can help guide you through the process of presenting your claim. We offer free consultations in order to better understand your accident, explain your rights, and discuss your options.

Why should you call Caputo & Van Der Walde?

  • We'll start your case with a free case review
  • We have more than eight decades of experience
  • We have won tens of millions of dollars for our clients
  • You don't pay any fees unless we win your case

Past recoveries for motorcycle accident victims:

  • $1,000,000: Motorcycle accident resulting in multi-level lumbar fusion
  • $493,000: Motorcycle vs. auto collision resulting in major shoulder injury
  • $475,000: Motorcycle collision on the freeway resulting in knee injury

Seeking Compensation for Your Injuries

Due to a lack of protection from outside forces, motorcycle accidents will often result in catastrophic or even fatal injuries for motorcyclists. If you were hurt, our firm will fight to ensure you are treated fairly by the insurance company, complete a thorough investigation, and document your injuries so you are adequately compensated.

When it comes to recovering damages, filing a claim is only the beginning. The claims process can be difficult and drawn out, especially if the opposing insurance company refuses to pay a fair settlement. Our legal team has resolved countless insurance disputes, and best of all, we can handle your legal affairs while you focus on recovery.

Common motorcycle accident injuries include:

If you are injured, it is imperative that you seek medical attention immediately. Many symptoms may not be obvious right away, so even if your injuries don't appear to be serious, you should still seek medical attention. This will also create a paper trail and documentation of your injuries in case you are accused of lying or exaggerating.

How Long Do I Have to File a Claim?

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

Should I Talk to the Insurance Company?

It is wise to wait and allow your motorcycle accident lawyer to speak with the other party's insurer on your behalf. This prevents the insurance company from taking advantage of your rights. Insurance companies will usually offer the bare minimum, which may not be enough to cover your medical expenses and property damage.

Common Causes of Motorcycle Accidents

Unfortunately, motorcyclists are more likely to suffer serious injuries in an accident than other motorists. This is due to the fact that they lack the protections passenger vehicles provide; motorcyclists have no windshield, seat belt, cushion, or other barrier, which exposes the rider to the environment and its many hazards in an accident.

Some of the most common causes of motorcycle accidents include:

  • Left-turn collisions: Intersections with left-hand turns present what is possibly the most dangerous situation for motorcyclists. Drivers may not see motorcyclists in their path when making left turns, which can lead to T-bone accidents.
  • Rear-end collisions: While rear-end collisions are relatively minor when two motor vehicles are involved, they can be devastating to motorcyclists. Even a low speed collision can cause the motorcyclist to be launched off of their bike.
  • Dangerous road conditions: Debris, grooves, railroad tracks, gravel, potholes, uneven pavement, and other road hazards can cause a motorcyclist to lose control of his or her bike and get into an accident.
  • Broadside collisions: The majority of broadside collisions occur during daytime and at intersections without signals. In these cases, the liable party plows through a stop sign and straight into the motorcyclist who has the right of way.
  • Merging without looking: Many motorcycle accidents occur when people get cut off, either because a driver doesn’t look or signal his or her attention to merge lanes. There are also situations when motorcyclists can be in a driver’s blind spot, and the vehicle merging can sideswipe the motorcycle rider.
  • Car doors opening: When an individual is in a parked car with their door closest to the road, they must look to ensure no vehicles are approaching. When they open their car door into an oncoming rider, there can be disastrous results.
  • Drivers speeding: Speeding is one of the most common causes of all types of accidents, including those involving motorcycles. It’s easy to lose control or fail to stop in time when traveling at a high rate of speed near other motorists.

Call Caputo & Van Der Walde for a Free Review

California is a comparative liability state, meaning the at-fault party may make counterclaims against you to reduce your award. Our firm is prepared to draw upon our extensive resources and knowledge to dismantle arguments from the other side.

Our motorcycle accident lawyers in San Jose and Campbell can help you investigate the cause of your crash and identify all liable parties so you can get the compensation you need for recovery. Contact Caputo & Van Der Walde LLP to discuss your case.

Don't wait to get started on your case. Contact our firm at (800) 900-0863 to schedule your free consultation.

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A Law Firm You Can Trust

We Can Make the Difference in Your Case
  • Over 85 Years of Legal Experience
  • Tens of Millions of Dollars Recovered
  • Legal Services Available in Spanish
  • All Initial Case Reviews Are Free of Charge
  • You Do Not Pay Unless We Win Your Case
  • Perfect 10/10 Superb Rating on Avvo
  • Included in Multi-Million Dollar Advocates Forum