motorcycle accident lawyer San Jose, CA
motorcycle accident lawyer San Jose, CA

Motorcycle Accident Lawyer San Jose, CA

Motorcycle Accident Lawyer San Jose, CA

Year-round pretty weather means that motorcycles and scooters are a common sight on San Jose roads, but although riding can be fun, it’s also much riskier than driving a car or truck. In a motorcycle accident, even if it’s a single-vehicle collision because of poor road conditions, the rider often suffers serious injuries. If you’ve been involved in a motorcycle accident, you may have grounds to file a lawsuit against the person or entity responsible for the crash.

You can learn your legal options in a free consultation with an experienced San Jose, CA, motorcycle accident lawyer. The legal team at Mitchell & Danoff Law Firm, Inc. works with injured victims like you every day, focusing on helping them seek justice and heal from a nasty wreck.

What Does A San Jose Motorcycle Accident Lawyer Do?

A motorcycle accident lawyer is a personal injury attorney who handles the unique challenges of motorcycle accident claims. They help injured riders learn their options for seeking compensation from the party that caused the wreck and work with them to build a case against that at-fault party.

Personal injury claims are intended to restore the victim to the financial status they were before the wreck. If you incurred steep medical bills because of your motorcycle accident injuries and missed work because you were recovering, then you’re entitled to compensation for those losses. You can also seek compensation for your pain and suffering and emotional trauma, like developing situational anxiety you suffer because of the wreck.

Motorcycle Crash Claims Are More Complex Than Car Crash Claims – Why?

Pursuing compensation after a motorcycle crash may be trickier than if you were in a collision while driving a car. One reason is that motorcycle accidents often result in severe, life-changing injuries, which means that the claim amount is usually higher, often over six figures, to account for the extensive medical care and rehabilitation needed for the victim. Insurance companies take a closer look at high-value claims and may question each piece of evidence, from your medical records to witness statements, to avoid paying out a large claim.

Another reason these claims may be trickier is, again, because of the other party’s insurance company. They may view riding a motorcycle as riskier than driving a car and will look for any reason to blame the accident on you, including questioning whether you were following all traffic laws at the time of the wreck, wearing a proper helmet, and even whether you were wearing optional safety gear. A lawyer must work hard to prove you were the victim of another driver’s negligence.

How To Stay Safe While Riding A Motorcycle 

Motorcycle riding brings with it an undeniable sense of freedom and excitement. However, the thrill of the open road comes with its share of risks. To mitigate these risks, wearing the proper safety gear is paramount for every rider. Beyond the immediate steps taken for safety, understanding the importance of legal representation from an experienced San Jose, CA motorcycle accident lawyer following an accident is equally crucial. Here, Mitchell & Danoff Law Firm, Inc will explore both aspects to ensure you are well-prepared and protected.

Essential Safety Gear For Riders

It is important to always take precautions when riding a motorcycle, even if you are a smart rider. You never know how other people will act on the road, so always ensure you wear this equipment: 


Perhaps the most critical piece of safety equipment, a helmet can significantly reduce the risk of fatal head injuries. Choose a helmet that meets the safety standards set by the Department of Transportation. It should fit snugly and provide ample visibility and comfort.

Jackets And Pants

Riding apparel made from abrasion-resistant materials such as leather or advanced synthetic fabrics can protect against cuts, scrapes, and road rash. Many of these garments are equipped with armor in key areas for added protection.


Hands are often the first point of contact in an accident. Durable gloves safeguard your hands from abrasions and ensure a better grip on the controls, even in adverse weather conditions.


Sturdy, over-the-ankle boots protect riders’ feet and ankles from impacts and abrasions. Opt for footwear with non-slip soles, adequate ankle support, and protection.

Eye Protection

Whether part of the helmet or separate eyewear, protecting your eyes from wind, dust, debris, and insects is essential for maintaining visibility and focus on the road.

The Importance Of Legal Guidance Post-Accident

Despite all precautions, accidents can still happen, leading to potential injuries, damages, or disputes. In such stressful times, having a San Jose motorcycle accident attorney by your side is invaluable. Here’s why:

Navigating The Legal System

The aftermath of an accident can involve complex legal procedures. A skilled attorney can guide you through these complexities, ensuring that your rights are protected every step of the way.

Insurance Negotiations

Insurance companies often aim to minimize compensation. An experienced attorney knows how to negotiate with these companies to secure a fair settlement that covers medical expenses, lost wages, and other damages.

Expertise In Liability Determination

Determining fault in a motorcycle accident can be complicated. Legal professionals have the expertise to analyze evidence and establish liability, which is crucial for your case.

Access To Resources

Attorneys have access to a network of experts, including medical professionals, accident reconstruction experts, and economic loss analysts, who can strengthen your case.

Peace Of Mind

Perhaps most importantly, having an attorney allows you to focus on your recovery, knowing that your case is in capable hands.

Taking The Next Step

If you or a loved one has been involved in a motorcycle accident, it’s essential to speak with a legal professional as soon as possible. Early consultation can be crucial to the outcome of your case. Our firm is committed to providing compassionate and competent representation for our clients. We understand the challenges you face and are here to help you navigate the legal process with confidence.

To learn more about how we can assist you, please reach out to a California motorcycle accident lawyer from our firm for a consultation. Let us take the burden of legal worries off your shoulders, so you can concentrate on what’s most important: your recovery and well-being. Contact Mitchell & Danoff Law Firm, Inc today to learn more.

If You’ve Been Hurt, We Can Help. Call Today

Have you been hurt in a motorcycle collision with another vehicle or wrecked your bike because of road hazards that should have been repaired? The negligent driver or other party could be liable for your injury and financial losses. A San Jose motorcycle accident lawyer from Mitchell & Danoff Law Firm, Inc., can help you assert your rights and demand the compensation you deserve. Call us today for a free consultation.

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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.