Motorcycle accident
Motorcycle Accident Attorneys in San Jose, California
The firms in this guide
- The Swanson Law Group Call The Swanson Law Group: (408) 759-5813
- Alexander Law Group, LLP Call Alexander Law Group, LLP: (408) 289-1776
- Habbas & Associates Call Habbas & Associates: (888) 387-4053
- Law Office of John J. Garvey, III Call Law Office of John J. Garvey, III: (408) 293-7777
- Staskus Law Firm, PC Call Staskus Law Firm, PC: (408) 479-5822
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)
Crash Reports, Household Coverage and Helmets in San Jose Motorcycle Crash Claims
After a San Jose motorcycle crash, the paperwork starts at the scene and continues with a DMV report. When the other driver had no insurance, the rider’s household policy may cover more people than the named insured.
Information at the Scene
Vehicle Code § 20003 requires the driver of any vehicle in a crash resulting in injury or death to give name, current residence address, the names and addresses of injured occupants, the registration number and the owner’s name and address, to show a driver’s license on request, and to render reasonable assistance to anyone injured.
The DMV Report
Vehicle Code § 16000(a) requires the driver of a motor vehicle in a crash on a street or highway that causes more than $1,000 in property damage to any one person, or any injury or death, to report it to the DMV within 10 days, personally or through an insurance agent, broker or legal representative. Under subdivision (b), no report is required when the vehicle was owned or leased by, or under the direction of, a government.
Who Counts as an Insured
When the named insured is an individual, Insurance Code § 11580.2(b) defines “insured” for uninsured motorist coverage to include the named insured, the spouse and, while residents of the same household, relatives of either, whether in a vehicle or otherwise, along with others while in or entering or leaving an insured vehicle.
Helmets
Vehicle Code § 27803 requires the driver and any passenger on a motorcycle operated on the highways to wear a safety helmet meeting § 27802, fastened with its straps and fitting securely.
San Jose Motorcycle Accident Questions
Can I recover if I was partly at fault?
Yes. Li v. Yellow Cab Co. (1975) adopted pure comparative negligence. For example, imagine $100,000 in damages and 20 percent of the fault on the rider: the recovery would be $80,000.
How does the Vehicle Code define lane splitting?
Vehicle Code § 21658.1 defines it as driving a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, on divided and undivided streets, roads or highways, and allows the California Highway Patrol to develop educational guidelines.
What are the deadlines?
Two years under Code of Civil Procedure § 335.1 for a suit against another driver. Against a public entity, a claim is due within six months after accrual under Government Code § 911.2, and suit within six months after a written rejection notice, or two years from accrual without one, under § 945.6.