1. The Swanson Law Group
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, rideshare accidents, wrongful death claims, catastrophic injury cases, traumatic brain injuries, spinal cord injuries, road rash injuries, broken bones, internal injuries, joint injuries, amputations
Case Types Handled: Lane violation accidents, right-of-way violations, rear-end collisions with motorcycles, speeding accidents, drunk driver collisions, distracted driver accidents, intersection accidents, highway motorcycle accidents, hit-and-run accidents, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases
Legal Services: Free case evaluation, accident investigation, insurance claim negotiation, medical provider network coordination, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, contingency fee representation
Background: Benjamin D. Swanson, Esq. founded the firm. The legal team includes attorneys Zaneta Conroy, Esq. and Greg Schaffer, Esq. The firm has obtained substantial settlements including $1,230,000 and $380,000 in motorcycle accident cases. The firm is a member of The National Trial Lawyers Top 100. The practice emphasizes trial preparation for all cases. The firm maintains a network of physicians who defer payment until case settlement.
Location: 1798 Technology Drive, Suite 202, San Jose, CA 95110
Contact: (408) 759-5813 | (888) 214-0261 | https://www.theswansonlawgroup.com
Consultation: Free initial consultation, contingency fee (no fee unless the firm wins), 24/7 availability, virtual consultations available
2. Alexander Law Group, LLP
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, brain injuries, spinal cord injuries, burn injuries, wrongful death, product liability, catastrophic injuries, police brutality cases, chemical exposure cases
Case Types Handled: Left-turn motorcycle accidents, lane change accidents, rear-end collisions, distracted driver accidents, drunk driver accidents, speeding accidents, road hazard accidents, defective motorcycle parts claims, helmet failure claims, intersection accidents, wrongful death from motorcycle collisions
Legal Services: Accident reconstruction, expert witness coordination, insurance claim negotiation, biomechanical engineering analysis, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, loss of consortium claims, wrongful death claims
Background: The firm was founded by Richard Alexander. Attorney Pichard Alexander handles motorcycle accident cases. The firm has over 30 years of experience in personal injury law and has recovered over $1 billion for injured clients. Notable motorcycle case result includes $4.5 million recovery for a motorcyclist who became paraplegic. The firm maintains expert relationships with accident reconstruction specialists and biomechanical engineers experienced in motorcycle crashes.
Location: 99 Almaden Boulevard, Suite 700, San Jose, CA 95113
Contact: (408) 289-1776 | (888) 777-1776 | https://alexanderlaw.com
Consultation: Free case evaluation, contingency fee basis (no recovery, no charge), 24/7 phone availability, Zoom meetings available
3. Habbas & Associates
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, birth injuries, construction accidents, premises liability, wrongful death, medical malpractice, nursing home abuse, catastrophic injuries
Case Types Handled: Distracted driver motorcycle accidents, failure to yield accidents, rear-end collisions, lane change accidents, intersection accidents, drunk driver collisions, uninsured motorist claims, underinsured motorist claims, wrongful death motorcycle cases, product defect claims
Legal Services: Accident investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical bill recovery, lost wage claims, pain and suffering claims, property damage claims, bad faith insurance claims
Background: The firm has over 200 years of combined experience among its attorneys. Founded by Omar Habbas who was born in Los Angeles. The firm has recovered over $650 million for injured clients. Attorney Omar I. Habbas is recognized by Super Lawyers. The firm maintains offices in San Jose, Oakland, Sacramento, Modesto, and Rocklin. The firm holds Martindale-Hubbell AV Preeminent rating and Client Champion recognition.
Location: 1501 The Alameda, San Jose, CA 95126 (also: 675 North 1st Street, San Jose, CA 95112)
Contact: (888) 387-4053 | https://www.habbaslaw.com
Consultation: Free consultation, contingency fee (no fee unless the case is resolved favorably)
4. Law Office of John J. Garvey, III
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, brain injuries, catastrophic injuries, wrongful death, product liability, premises liability, dog bites, aviation accidents, workers’ compensation
Case Types Handled: Motorcycle collisions with vehicles, helmet failure claims, defective motorcycle equipment claims, drunk driver accidents, distracted driver accidents, uninsured driver accidents, rollover accidents, head-on collisions, wrongful death motorcycle cases, catastrophic injury cases including paralysis and quadriplegia
Legal Services: Accident investigation, evidence preservation, insurance company negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, home and hospital consultations
Background: John J. Garvey, III has over 45 years of experience practicing personal injury law in California. He earned his J.D. in 1974. He handles all client matters personally from initial consultation through case resolution. The firm represents clients throughout the South Bay and San Jose area including Santa Clara County, San Mateo County, Contra Costa County, Alameda County, Santa Cruz County, and Monterey County.
Location: 96 North Third Street, Suite 660, San Jose, CA 95112
Contact: (408) 293-7777 | https://www.johngarveylaw.com
Consultation: Free initial consultation, contingency fee basis (no recovery, no fee), home and hospital visits available, flexible appointment times
5. Staskus Law Firm, PC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, bicycle accidents, slip and fall injuries, premises liability, dog bites, nursing home abuse, wrongful death, catastrophic injuries, brain injuries, spinal cord injuries, burn injuries
Case Types Handled: Motorcycle collisions, drunk driver accidents, rear-end collisions, intersection accidents, lane change accidents, road hazard accidents, uninsured motorist claims, wrongful death motorcycle cases, catastrophic injury cases
Legal Services: Accident investigation, witness statement collection, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, appellate representation
Background: Attorney Kim David Staskus founded the firm in 1983 and has California State Bar Number 96137. He has nearly 40 years of experience exclusively representing accident victims. Attorney John M. Staskus (his son) also practices at the firm and graduated as class valedictorian from Lincoln Law School of San Jose. The firm has obtained over $100 million in verdicts and settlements. Recent case results include an $828,828.70 global settlement in a vehicle collision case.
Location: 1631 Willow Street, Suite 270, San Jose, CA 95125
Contact: (408) 479-5822 | (408) 351-9296 | [email protected] | https://www.staskuslawfirm.com
Consultation: Free initial consultation, contingency fee basis (no recovery, no fee)
Motorcycle Accident Laws and Regulations in California
Statute of Limitations: California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for personal injury claims arising from motorcycle accidents. Wrongful death claims also have a two-year filing deadline from the date of death. Property damage claims have a three-year statute of limitations. Claims against government entities must be filed within six months of the accident under the California Tort Claims Act.
Fault System: California is a fault-based (tort) state for motor vehicle accidents, including motorcycle collisions. The at-fault party is responsible for compensating the injured party for damages.
Comparative Negligence: California follows pure comparative negligence under Civil Code Section 1714. An injured motorcyclist can recover damages even if partially at fault, but the recovery is reduced by the percentage of fault attributed to the motorcyclist. For example, if a rider is 30% at fault, they can still recover 70% of their damages.
Minimum Insurance Requirements: California Vehicle Code Section 16056 requires motorcyclists to carry minimum liability insurance of $15,000 per person for bodily injury, $30,000 per accident for bodily injury to multiple people, and $5,000 for property damage (15/30/5). Uninsured/underinsured motorist coverage is optional but recommended.
Helmet Law: California Vehicle Code Section 27803 mandates universal helmet use for all motorcycle riders and passengers regardless of age. Helmets must meet U.S. Department of Transportation (DOT) safety standards. Failure to wear a helmet can be used as evidence of comparative negligence in injury claims.
Eye Protection: Eye protection is required unless the motorcycle is equipped with a windscreen.
Lane Splitting: California is the only state where lane splitting (riding between lanes of traffic) is explicitly legal under California Vehicle Code Section 21658.1 (enacted in 2017). The California Highway Patrol provides guidelines recommending lane splitting only when traffic is moving at 40 mph or less and that motorcyclists should not exceed the flow of traffic by more than 10 mph. Motorcyclists should not lane split near freeway on-ramps and exits. Inexperienced riders should not attempt lane splitting.
Motorcycle Licensing: California requires a Class M1 or M2 motorcycle license or endorsement. Riders under 21 must complete a motorcycle safety course. A motorcycle permit allows riding during daylight hours only, with no passengers, and no freeway riding.
Equipment Requirements: Motorcycles must have at least one mirror (left side required), a muffler, turn signals (for motorcycles manufactured after 1973), proper lighting including headlight, taillight, and brake light. Handlebar height cannot exceed shoulder height of the rider when seated.
Passenger Requirements: Passengers must have a dedicated seat and footrests. Passengers under 18 must wear a helmet (though this applies to all passengers due to the universal helmet law).
Damage Caps: California does not cap economic damages in personal injury cases. Non-economic damages (pain and suffering) are generally not capped except in medical malpractice cases. Punitive damages are available in cases involving malice, oppression, or fraud.
Dram Shop Liability: California has limited dram shop liability. Social hosts who furnish alcohol to minors can be held liable under Civil Code Section 1714. Commercial establishments generally are not liable for injuries caused by intoxicated patrons.
Uninsured/Underinsured Motorist Coverage: Optional but highly recommended. If the at-fault driver has no insurance or insufficient coverage, UM/UIM coverage allows the motorcyclist to recover from their own policy.
Frequently Asked Questions
What is the deadline for filing a motorcycle accident lawsuit in San Jose?
Under California Code of Civil Procedure Section 335.1, you have two years from the date of the motorcycle accident to file a personal injury lawsuit. If you are filing a wrongful death claim, the two-year period begins from the date of death. Claims against government entities (such as Caltrans for dangerous road conditions or city agencies) have a much shorter deadline of six months from the accident date under the California Tort Claims Act. Missing these deadlines typically bars you from pursuing compensation through the court system, so consulting with an attorney promptly after an accident is advisable.
How does California’s comparative negligence law affect my motorcycle accident claim?
California follows pure comparative negligence, meaning you can recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault. For instance, if you are found 20% responsible for the accident (perhaps for speeding slightly) and your damages total $100,000, you would recover $80,000. Unlike modified comparative negligence states that bar recovery if you are more than 50% or 51% at fault, California allows recovery even if you are 99% at fault (you would receive 1% of damages). Insurance companies often try to attribute more fault to motorcyclists than warranted, making legal representation valuable.
Can I still recover compensation if I was not wearing a helmet during my San Jose motorcycle accident?
California has a universal helmet law requiring all riders to wear DOT-approved helmets. Not wearing a helmet does not automatically bar you from recovering damages, but it can affect your claim. Under comparative negligence principles, the defense may argue that your failure to wear a helmet contributed to your head or brain injuries. If the jury agrees, your damages for those specific injuries may be reduced by the percentage they attribute to your failure to wear protective gear. However, injuries unrelated to helmet use (such as broken legs or internal organ damage) should not be affected. An attorney can help present evidence about whether helmet use would have prevented or reduced your specific injuries.
Is lane splitting legal in California, and what happens if I am injured while lane splitting?
California Vehicle Code Section 21658.1 makes California the only state where lane splitting is explicitly legal. However, the legality does not mean automatic recovery if you are injured while lane splitting. The California Highway Patrol recommends lane splitting only when surrounding traffic is moving at 40 mph or less and that motorcyclists should not travel more than 10 mph faster than surrounding traffic. If you were lane splitting safely within these guidelines and another driver suddenly changed lanes without signaling or checking mirrors, that driver would likely bear significant liability. If you were lane splitting at high speed or in fast-moving traffic, comparative negligence may reduce your recovery. Each case requires analysis of the specific circumstances.
What types of compensation can I recover from a motorcycle accident in San Jose?
California law allows motorcycle accident victims to recover both economic and non-economic damages. Economic damages include medical expenses (emergency care, surgery, hospitalization, rehabilitation, future medical needs), lost wages, loss of future earning capacity if you cannot return to your previous occupation, property damage to your motorcycle and gear, and out-of-pocket expenses. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or scarring (common with road rash injuries). If your spouse or family members are affected, they may have claims for loss of consortium. In cases involving egregious conduct such as drunk driving, punitive damages may be available to punish the wrongdoer and deter similar behavior.