Have you been injured in a motorcycle accident in San Jose, California? Mercado Kramer, LLP can help when you call (888) 311-4050. We offer a free consultation with a San Jose motorcycle accident lawyer who’s ready to fight for the compensation you deserve.
Insurance companies may try to minimize your claim—but you don’t have to settle for less. Let our experienced team stand up for your rights and work to get the financial recovery you need. Reach out today to schedule your free case review.
Why Motorcycle Riders Choose Mercado Kramer, LLP After a Collision in San Jose, CA
Motorcycle accident victims in San Jose, CA, turn to Mercado Kramer, LLP when the stakes are high and the insurance company refuses to play fair. Our firm proudly serves riders across the region, delivering skilled advocacy and committed support when it’s needed most.
Here’s why injured riders choose us:
- Our attorneys bring 18 years of combined experience fighting for everyday people against powerful insurance companies and corporate defendants.
- We provide honest, transparent guidance throughout every stage of the legal process, helping clients make informed decisions.
- We are committed to pursuing full compensation that reflects the true extent of your injuries, financial losses, and long-term needs.
- We treat every case with the seriousness it deserves, offering personalized attention and clear communication from start to finish.
If you need help, call today to schedule your free consultation with a San Jose personal injury attorney.
What Are the Most Common Causes of Motorcycle Accidents?
According to data published by the UC Berkeley Safe Transportation Research & Education Center, 131 motorcycle accidents were reported in San Jose, California, in 2024. That’s roughly one motorcycle accident every 2.7 days – just in the city of San Jose.
138 people were injured in San Jose motorcycle wrecks that year, and another three were killed. Unfortunately, most of San Jose’s motorcycle accidents, injuries, and deaths can be avoided, but happen because someone acts carelessly.
Crash data indicates that speed is a factor in nearly one-third of all San Jose motorcycle accidents. Improper turns and unsafe lane changes account for another 43 percent of motorcycle crashes in San Jose. Other leading causes include:
- Distracted driving
- Drunk driving
- Driver fatigue
- Lane splitting
- Failing to yield the right of way
- Running red lights and stop signs
- Following too closely
- Riding on the wrong side of the road
- Auto defects
- Potholes and other road defects
- Bad weather
You’ll need to be able to establish exactly why and how your motorcycle accident happened if you want to recover compensation for your injuries.
Our California motorcycle accident attorneys in San Jose will dive into the details of your crash, evaluate key evidence, bring in experts, and work hard to identify the underlying cause(s) and determine who’s at fault. Then, we’ll aggressively pursue maximum compensation on your behalf.
Who’s Liable for My Motorcycle Crash?
In California, anyone that causes a motorcycle accident can be liable for another party’s injuries. Depending on how and why your motorcycle accident happened, liable parties might include a:
- Driver of a passenger vehicle
- Motorcyclist
- Motorcycle passenger
- Bicyclist
- Pedestrian
- Commercial vehicle driver
- Government agency
- Transportation company
- Auto manufacturer
- Negligent party’s employer
- Property owner
The law provides that liability is shared proportionately to fault. The more someone contributes to a car accident with a motorcyclist in San Jose, the more they’ll bear responsibility for the rider’s damages.
How Much Is My San Jose Motorcycle Accident Claim Worth?
A lot goes into evaluating how much money an injured motorcyclist might be able to recover through an insurance claim or personal injury lawsuit. Factors include:
- What types of injuries have you suffered?
- Did you need to be hospitalized?
- How long will you require medical treatment or ongoing rehabilitation?
- Can you still work?
- Has your earning capacity changed?
- Do you share responsibility for the motorcycle crash?
- How old are you?
- Has the motorcycle wreck altered your life expectancy?
- How has being involved in a motorcycle accident changed your quality of life?
- What are the at-fault driver’s insurance policy limits?
- Can you seek compensation from multiple parties?
The more seriously you’ve been hurt in a San Jose motorcycle wreck, the more your life is probably going to change.
In turn, the more compensation you might need to be awarded to pay for your medical care, offset a sudden loss of income, and cope with the day-to-day challenges you face as a motorcycle accident victim.
Common Motorcycle Accident Injuries
Wearing a motorcycle helmet can certainly reduce the risk of sustaining a severe traumatic brain injury or dying in a crash. However, motorcyclists who are involved in traffic accidents in San Jose, CA, can still suffer serious and debilitating injuries, including:
- Broken bones
- Nerve damage
- Cuts and lacerations
- Soft tissue injuries
- Chest injuries
- Crushing injuries
- Brain injuries
- Concussions
- Whiplash
- Neck injuries
- Paralysis injuries
- Back injuries
- Leg injuries
- Knee injuries
- Eye injuries
- Catastrophic injuries
- Burn injuries
- Road rash
- Degloving injuries
- Amputation injuries
- Wrongful death
Make it a point to get to the closest emergency room in San Jose after a motorcycle accident if you’re not transported from the scene in an ambulance. Prompt medical care can be the difference between a short-lived injury and one that affects you for the rest of your life.
What Compensation Can Be Awarded to San Jose Motorcycle Accident Victims?
Under California’s fault-based insurance system, you can request compensatory damages from anyone who contributed to your motorcycle accident.
Compensatory damages can include economic awards for things like:
- Hospitalization, emergency room treatment, surgery, medication, medical devices, and other current medical bills
- Rehabilitation and future medical expenses
- Lost wages and job benefits
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
- Nursing care
- Funeral expenses
You may also be able to recover for your non-economic damages such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Post-traumatic stress disorder
- Chronic physical pain
- Physical disfigurement and scarring
- Embarrassment
Punitive damages can also be awarded by a California jury if there’s clear and convincing evidence that a defendant acted with malice or was grossly negligent.
How Can Contributory Fault Affect My California Motorcycle Accident Settlement?
You can recover compensation if you share some of the blame for a motorcycle accident in which you’re injured. However, under California’s pure comparative negligence doctrine, any damages you’re awarded must be reduced proportionately to your shared fault.
The more responsibility you bear for a motorcycle accident in San Jose, the less compensation you’ll receive in a settlement agreement or jury award.
Let’s say you were hurt in a motorcycle crash in San Jose and suffer damages worth $200,000. You’re assigned 50 percent of the blame for the motorcycle wreck. When contributory fault is taken into account, your maximum financial recovery is capped at $100,000.
What Does It Cost To Hire a Motorcycle Accident Attorney in San Jose?
Our California motorcycle accident attorneys in San Jose offer contingent legal representation. It costs nothing to hire our personal injury law firm until we win compensation for your motorcycle accident case. We’ll front the costs of litigating your motorcycle accident claim, too.
When we win a settlement or secure a verdict for you at trial, our attorney fees are paid out of that financial award.
What Is the Statute of Limitations for Motorcycle Accident Lawsuits in California?
Most California motorcycle accident claims have to comply with a two-year statute of limitations. This gives you up to two years from the date of your motorcycle crash to file a claim for damages. While there can be exceptions – like situations where a child is injured in a motorcycle accident in San Jose – you must file your claim on time if you want to recover compensation.
Once the filing deadline passes, you give up the right to take legal action against a negligent motorist or another responsible party.
Schedule a Free Consultation With an Experienced San Jose Motorcycle Accident Lawyer
You should not have to deal with the fallout of a motorcycle accident in San Jose, CA, on your own. You got hurt because someone else was negligent. Now, Mercado Kramer, LLP can help you fight to hold them accountable. Our San Jose motorcycle accident lawyers are top-rated litigators with a proven track record of success.
We stand up to powerful companies every day on behalf of our clients. We’ve won millions of dollars in the process. Learn more about working with our experienced personal injury lawyers by calling our office today. There is never a charge for your first consultation.
