San Jose Motorcycle Accident Lawyer

The San Jose area has some of the most scenic motorcycle trails in the Golden State. Whether you spend the day touring 100 miles on the popular Mount Hamilton Loop or enjoy a shorter ride navigating the winding roads around the Bay Area, riding in and around San Jose can be a fun and relaxing escape for motorcycle enthusiasts.

Whenever and wherever you ride your motorcycle, the most enjoyable rides are the safest rides. Being safe on a motorcycle means more than just knowing how and where to ride. Safe motorcycle riding includes:

• Knowing the motorcycle laws in California;
• Being properly licensed to ride a motorcycle;
• Riding a motorcycle that has proper equipment;
• Wearing proper motorcycle safety gear; and
• Riding responsibly to avoid a motorcycle accident.

It is also crucial for motorcyclists to stay alert to the actions of every automobile driver on the road, as distracted or inattentive automobile drivers are a leading cause of motorcycle accidents. Protect yourself against negligent automobile drivers by ensuring you have adequate insurance coverage.

Continue reading to learn more about safe motorcycling in the San Jose area and the California laws that help keep you safe when you ride.

Motorcycle accidents in San Jose can change lives in an instant, often resulting in severe injuries, overwhelming medical bills, and, in the most tragic cases, wrongful death. As a motorcycle rider, you face unique risks on the road—risks that are heightened by factors such as distracted driving, excessive speed, and lane splitting. When a motorcycle accident occurs, the consequences can be devastating, leaving victims and their families struggling to recover physically, emotionally, and financially.

If you or a loved one has been involved in a San Jose motorcycle accident, it is crucial to understand your rights and options. Seeking compensation from the liable party is essential to cover medical expenses, lost wages, and other damages resulting from the accident. Navigating a motorcycle accident claim can be complex, especially when dealing with insurance companies that may try to minimize your recovery. This is where an experienced San Jose motorcycle accident lawyer becomes invaluable.

A skilled attorney can guide you through the entire process, from investigating the accident scene and gathering witness statements to negotiating with insurance adjusters and, if necessary, taking your case to trial. Motorcycle accident cases often involve significant injuries such as road rash, traumatic brain injuries, spinal injuries, and internal injuries. In addition to physical harm, many motorcycle accident victims experience post-traumatic stress disorder (PTSD), which can impact their quality of life long after the accident.

Taking immediate action after a motorcycle crash is vital. This includes seeking prompt medical attention, reporting the incident to the police, and consulting with a San Jose motorcycle accident lawyer as soon as possible. Legal representation ensures that your rights are protected and that you have the best chance of obtaining fair compensation for your injuries and losses.

At Moseley Collins Law, our experienced motorcycle accident attorneys are dedicated to helping injured riders and their families recover compensation for medical bills, lost wages, pain and suffering, and other damages. We understand the challenges motorcycle accident victims face and are committed to providing compassionate, effective legal advocacy every step of the way.

If you have been injured in a motorcycle wreck or as a result of medical malpractice, don’t wait to seek help. Contact a trusted San Jose motorcycle accident lawyer today for a free consultation and take the first step toward securing the fair settlement you deserve. With the right legal team on your side, you can focus on healing while we handle the fight for your future.

In the Motorcycle Crash Causation Study conducted by the U.S. Department of Transportation’s Federal Highway Administration, researchers investigated approximately 1,900 data elements associated with motorcycle crash causation. The comprehensive database was created from 351 motorcycle crash investigations and 702 control rider interviews, providing insights into the factors that commonly contribute to motorcycle accidents.

It is important to understand the common motorcycle accident injuries that can result from these crashes. Common motorcycle accident injuries include shoulder injuries, knee injuries, ankle injuries, and road rash. Motorcycle accident injuries are often devastating injuries, with motorcycle riders at risk of serious injuries such as traumatic brain injuries, spinal injuries, and fractures due to the lack of protection compared to a car accident. Injuries involving motorcycles are frequently more severe and complex than those suffered in a typical car accident.

Negligence is a common cause of accidents involving motorcycles, often involving other drivers or automobile drivers who fail to see or yield to motorcyclists. Lane splitting, if not done cautiously, can increase the risk of motorcycle accidents. Poor road conditions, such as potholes, also contribute to motorcycle accidents and can be a significant factor in determining liability for the party involved.

• Human factors (for motorcyclists as well as drivers of other vehicles), including:
• Age, health, training, riding experience, licensing, and risk taking;
• Psychological states, such as:
• Intoxication;
• Fatigue;
• Sleep deprivation;
• Stress;
• o Distractions or inattention, including:
• Talking to a passenger;
• Moving objects in or on the vehicle;
• Using a handheld electronic device;
• Eating or smoking;
• Being distracted by an insect in the vehicle or protective equipment; and
• External distractions;
• Perception and decision errors, such as:
• Misjudging distances to other objects;
• Misjudging speeds of other vehicles;
• Riding too close to the vehicle in front (tailgating);
• Speeding or attempting to overtake a vehicle;
• Failing to anticipate movements by other vehicles;
• Violating a right of way;
• Braking and cornering errors; and more.
• Environment, roadway, traffic, and control factors.
• Environmental factors may include:
• Visibility;
• Lighting;
• Roadside environment; and
• Weather conditions.
• Roadway factors may include:
• Obstructed view;
• Number and width of lanes;
• Presence of exclusive turning lanes;
• Curvature of the road; and
• Surface conditions.
• Traffic factors may include:
• Traffic density;
• Average speed;
• Presence of parked vehicles; and
• Left‐turn volume at intersections.
• Other contributing factors include:
• Vehicle functioning;
• Trip-related factors;
• Training;
• Use of protective gear; and
• Rider visibility.

Although many contributing factors may originate with the motorcyclist, many motorcycle accidents are caused by other drivers. When another driver causes you to have a motorcycle accident and you are injured as a result, you may file a motorcycle accident claim to be compensated for your injuries.

Like every state, California has laws designed to help keep all motorists safe on the roads. For motorcyclists, those laws address issues like:

• Obtaining a motorcycle license;
• Equipment you must have on your motorcycle;
• Helmet requirements; and more.

California Vehicle Code § 12509.5 requires everyone who operates, or is licensed to operate, a motorcycle to obtain a valid instruction permit for at least six months before receiving a class M1 or M2 motorcycle license. To be issued an instruction permit:

• If you are between the ages of 15 years and six months and 18 years, you must:
  • Have a standard driver's license or complete driver's education training;
  • Complete a motorcycle safety program; and
  • Pass the written exam for motorcycle drivers.
• If you are between 18 and 21 years of age, you must:
  • Complete a motorcyclist safety program; and
  • Pass the written exam for motorcycle drivers.
• If you are 21 years of age or older, you must pass the written exam for motorcycle drivers.

The motorcycle permit includes certain restrictions, such as riding your motorcycle after dark and carrying passengers. Additionally, the permit expires in two years if you do not obtain your motorcycle license within that time.

The California Vehicle Code also requires that your motorcycle have certain safety features. For example:

• § 24015 requires:
  • A headlamp;
  • A tail lamp;
  • A stop lamp;
  • Side and rear reflectors; and
  • Adequate brakes;
  • § 25650 describes the type of headlights required;
  • § 25650.5 requires that every motorcycle manufactured and registered on and after January 1, 1978, must have one or two headlamps that automatically turn on when you start the engine and remain on while the engine is running;
  • § 26705 requires that all motorcycles sold, or offered for sale, after January 1, 1969, must have a windshield with safety glazing material;
  • § 27202 sets specific noise limitations for motorcycles;
  • § 27800 requires appropriate seats and footrests for passengers;
  • § 27801 requires:
    • The seat to be positioned so that your feet reach the ground when sitting on the motorcycle; and
    • Handlebars to be positioned so that, when sitting on the seat with your hands on the grips, your hands are no more than six inches above your shoulder height.

In addition to the specific safety features of the motorcycle, § 27803 of the California Vehicle Code requires that every driver and passenger wear a safety helmet when riding. Your helmet must fit securely to your head when fastened with straps and must satisfy required safety helmet standards.

Although no other safety gear is expressly required by California law, there are a variety of other articles that can provide added safety when riding. For example:

• A leather jacket;
• Riding pants or “chaps”;
• Gloves;
• Riding boots; and
• Goggles or other eyewear protection.

Proper safety gear can protect you from injury upon a fall (“road rash”), weather conditions, like sun, rain, and wind, bugs, or gravel and debris that other vehicles project from the road.