Motorcycle Accidents
San Jose Motorcycle Accident Attorney
Advocating for Injured Clients for Decades
If you or a loved one has been injured in a motorcycle accident, you need legal representation you can count on. At Mitchell & Danoff Law Firm, we help victims of motorcycle accidents pursue the compensation they deserve. In many cases, motorcyclists are injured when another driver fails to yield to the cyclist, cuts him or her off, or simply does not see him or her. Whether you were on a motorcycle, scooter or moped, your rights are the same, and you might be entitled to receive compensation for physical injuries, damage to your bike and other expenses incurred due to your accident.
At Mitchell & Danoff Law Firm, we know how serious a motorcycle accident can be. As your injury lawyer in the San Jose, we treat your personal injury case on an individual basis. Our hands-on approach to legal representation helps to ensure that you are treated fairly, and we will do our best to get you the proper settlement you deserve.
With 30 years of experience, our firm has recovered millions in verdicts and settlements on behalf of our clients. Call (831) 219-2110 today to schedule your free consultation.
What are the Common Causes of Motorcycle Accidents?
While riding a motorcycle can be an exhilarating activity, it obviously comes with it’s risks. Oftentimes motorcycle accidents aren’t even caused by the motorcyclist, but rather other drivers’ negligence.
Here are some common causes of motorcycle accidents:
- Drivers under the influence
- Unsafe lane changes
- Speeding
- Tailgating and sudden stops
- Distracted drivers
- Hazardous road conditions
- Lane splitting
- Motorcycle defects
Do You Have to Wear a Motorcycle Helmet in California?
Yes. In California it is required by law for all riders and passengers on a motorcycle to wear a motorcycle helmet while riding. The helmet must meet both state and federal safety standards. If you do not wear a helmet while riding a motorcycle, you can be fined up to $250. However, if you choose to not wear a helmet and are in an accident, it can severely impact your compensation. This is because it can be argued that by choosing to not wear a helmet, you contributed to your injuries.
Aside from the legal reasons you need to be wearing a helmet for, a motorcycle helmet can help to prevent fatal injuries to your head/brain. Cars and other motor vehicles have significantly more protection to offer the occupants of the vehicle than a motorcycle does. While on a motorcycle, you have the gear you’re wearing to protect you. A motorcycle helmet is arguably one of the most integral components of that gear.
Representing Injured Motorcycle Accident Victims
Often times, you end up with life-changing injuries after a motorcycle accident, and we want to make sure your needs are taken care of.
Motorcyclists often end up with the following injuries after a crash:
- Back, spinal cord and neck injuries
- Brain and other head injuries
- Broken bones and other physical damage
If you are the loved one of a fatal accident victim, let us fight on your behalf so you don’t have to deal with this tragedy alone.
Contact an Award-Winning Personal Injury Lawyer in the San Jose!
As the victim of a motorcycle accident, you don’t have to figure everything out on your own. At Mitchell & Danoff Law Firm, we are your dependable and personal attorney team serving the San Jose and Central California. Give us a call today to speak to someone who can help you.
Navigating Insurance Negotiations After A Motorcycle Accident
Our Hollister, CA motorcycle accident lawyer understands the challenges that follow a motorcycle accident. Dealing with insurance companies can be complex and overwhelming. When you are up against insurance companies, it is important you understand how our experienced attorneys negotiate with insurance companies on your behalf after a motorcycle accident in California.
Understanding The Insurance Process
After a motorcycle accident, the first step often involves filing a claim with the insurance company. In California, motorcycle riders are required to carry liability insurance, and many also have additional coverage for their own injuries. It’s essential to report the accident to your insurance company and the at-fault party’s insurer if applicable.
Challenges In Motorcycle Accident Claims
Motorcycle accident claims can present unique challenges. Insurance companies may be more inclined to blame the motorcyclist, assuming they were at fault, as our Hollister motorcycle accident lawyer knows. They may also downplay the extent of injuries, making it difficult for victims to receive fair compensation. This is where legal representation becomes crucial.
The Role Of Your Attorney
When you hire a lawyer from our team to handle your motorcycle accident case, you’re not just getting legal expertise – you’re getting a dedicated advocate. We begin by conducting a thorough investigation into the accident. This includes collecting accident reports, interviewing witnesses, and gathering any available evidence such as photographs or surveillance footage. Establishing a strong factual basis is crucial for negotiations.
Accurate Assessment Of Damages
To negotiate effectively, it’s vital to accurately assess the damages you’ve suffered. Our attorneys work with medical experts to understand the full extent of your injuries, both current and future. We also evaluate property damage, lost wages, and any other losses related to the accident.
Negotiating With Insurance Adjusters
Insurance adjusters are skilled negotiators who may try to minimize your claim. Our attorneys are equally skilled in negotiation and have experience dealing with insurance companies. We communicate with adjusters on your behalf, presenting the evidence and arguments that support your claim.
Presenting A Strong Case
In some cases, insurance negotiations may not lead to a fair settlement. In such instances, we are prepared to take your case to court. Our attorneys are experienced trial lawyers who will vigorously advocate for your rights and interests in front of a judge and jury. Our ultimate goal is to maximize the compensation you receive for your motorcycle accident. This may include damages for medical bills, property damage, pain and suffering, lost wages, and more. We understand that every case is unique, and we tailor our approach to ensure you receive the best possible outcome.
Don’t Face Insurance Companies Alone
Dealing with insurance companies after a motorcycle accident can be overwhelming, especially when you are focused on your recovery. That’s where we step in. We are here to guide you through the process, protect your rights, and fight for the compensation you deserve.
Schedule A Call Today
If you’ve been injured in a motorcycle accident in California, don’t go it alone in negotiations with insurance companies. Contact Mitchell & Danoff Law Firm, Inc for a consultation. Let our experienced attorneys handle the complexities of your case so that you can focus on your recovery. Reach out to us to discuss your motorcycle accident case and start the journey toward fair compensation. Speak with our trusted Hollister motorcycle accident lawyer now.
Motorcycle Accident Attorney In San Jose
Advocating For Injured Clients For Decades
When faced with the overwhelming aftermath of a motorcycle accident, individuals need a dependable legal representative who can guide them through the complexities of claiming compensation. Mitchell & Danoff Law Firm, recognized for advocating for injured clients, stands out as a formidable ally in such circumstances. This law firm, based in San Jose, has dedicated itself to serving the community and ensuring motorcyclists’ rights are protected.
Experience And Dedication
With over three decades of experience, we have a proven track record of success. The firm’s seasoned attorneys have recovered millions in verdicts and settlements on behalf of clients, demonstrating a deep commitment to justice and client welfare. Their extensive experience allows them to navigate the legal system efficiently, providing clients with the informed and effective advocacy they need after experiencing a motorcycle accident.
Personalized Legal Representation
Individual attention is critical when handling personal injury cases, and we excel in offering personalized legal representation. Each motorcycle accident case is treated on an individual basis, reflecting the unique circumstances and needs of the client. This tailored approach ensures all relevant details of a case are considered, thereby enhancing the chances of securing a fair settlement. Reach out to Mitchell & Danoff Law Firm today at (831) 219-2110.
Common Causes Of Motorcycle Accidents
Riding a motorcycle is exhilarating, yet it does carry inherent risks. Often, the cause of these accidents is not the motorcyclist, but rather the cause falls on the negligence of other vehicle operators. Common causes of motorcycle accidents include:
- Drivers Under the Influence: Impaired judgment and reaction times can lead to dangerous situations for motorcyclists.
- Unsafe Lane Changes: Failing to check blind spots or mirrors before changing lanes can result in collisions.
- Speeding: Excessive speed reduces the time available to react to sudden changes, increasing the risk of accidents.
- Tailgating and Sudden Stops: Following too closely can lead to rear-end collisions, especially if sudden stops occur.
- Distracted Driving: Activities like texting or adjusting the radio divert attention away from the road.
- Hazardous Road Conditions: Potholes, debris, or uneven road surfaces can pose significant threats to motorcyclists.
- Lane Splitting: Although legal in California, it carries risks, particularly in heavy traffic.
- Motorcycle Defects: Faulty parts or design flaws can lead to mechanical failures.
Understanding Motorcycle Helmet Laws In California
Legal requirements in California mandate all motorcycle riders and passengers wear helmets that adhere to state and federal safety standards. Failing to wear a helmet not only results in fines but can also significantly impact a compensation claim in the event of an accident. Without a helmet, it may be argued an individual contributed to their injuries, which affects potential compensation. Beyond legal considerations, wearing a helmet is vital for preventing severe head and brain injuries.
Broad Range Of Injuries From Motorcycle Accidents
Motorcycle accidents can result in various injuries, ranging from minor to life-altering. Common injuries include back, spinal cord, neck injuries, as well as brain and other head injuries. Victims might also suffer broken bones and other types of physical trauma. The severity of these injuries can lead to long-term health issues that require ongoing medical care, rehabilitation, and potential lifestyle changes.
Supporting Families Of Fatal Accident Victims
In tragic cases where accidents result in fatalities, we provide comprehensive support to grieving families. They strive to ease the emotional and financial burden by handling the legal complexities involved in such cases. By letting this firm take the reins, families can focus on healing while ensuring justice is served on behalf of their loved ones.
Navigating Insurance Negotiations
Insurance negotiations can be one of the more daunting aspects following a motorcycle accident. Insurance companies are typically interested in minimizing payouts and may attempt to downplay the extent of injuries or attribute fault to motorcyclists. The skilled attorneys at Mitchell & Danoff Law Firm are adept at navigating these negotiations, ensuring clients’ rights are protected and they receive fair compensation.
A Thorough Investigation Is Key
A successful legal claim hinges on the breadth and depth of investigating the accident. The firm’s attorneys conduct exhaustive investigations, which include acquiring accident reports, interviewing witnesses, and gathering critical evidence such as photographs and surveillance footage. Establishing a detailed factual basis strengthens the negotiation process with insurance companies and supports litigation efforts if necessary.
Effective Assessment Of Damages
Accurately assessing the damage incurred from a motorcycle accident is crucial for effective negotiation. Attorneys work closely with medical experts to fully understand both current and future injury implications. This includes evaluating property damage, lost wages, and various other losses connected to the accident. Comprehensive damage analysis ensures all aspects of the client’s suffering are accounted for in the compensation claim.
Negotiating With Insurance Adjusters
The process of negotiating with insurance adjusters is often challenging; these adjusters are trained to minimize claim payouts. The attorneys are not only familiar with such tactics but are also skilled negotiators who advocate fiercely on behalf of their clients. By handling communication with insurance companies, they alleviate this burden from clients and ensure robust representation.
Preparing To Present A Strong Case
In situations where insurance negotiations fail to result in a fair settlement, we are prepared to take cases to court. The attorneys bring their considerable trial experience to the table, advocating tenaciously for clients’ rights and interests before a judge and jury. Their commitment to clients extends beyond negotiation, ensuring that every client has the opportunity to achieve the best possible outcome.
Maximizing Compensation
Reach out to Mitchell & Danoff Law Firm at (831) 219-2110 now because our ultimate goal is to maximize the care and compensation clients receive. This compensation can cover a range of damages, including medical expenses, rehabilitation costs, property damage, pain and suffering, and lost wages. By comprehensively understanding the scope of a client’s damages, the firm can pursue a thorough and effective legal strategy that aims to secure the highest possible compensation for the impact the accident has had on their life.
Comprehensive Support Throughout Recovery
Recovering from a motorcycle accident is often a long and challenging process. We understand the importance of comprehensive support during this period. Beyond advocating for financial compensation, they aim to reduce the burden on their clients by managing all legal aspects of their claims. This allows clients to focus on physical recovery while the firm handles the complexities of legal proceedings.
No Win, No Fee Commitment
Reach out to Mitchell & Danoff Law Firm today at (831) 219-2110 to alleviate financial concerns that may arise when considering legal action, Mitchell & Danoff Law Firm offers a no win, no fee arrangement. This commitment ensures that clients do not incur any legal fees unless the firm successfully secures a win on their behalf. This client-first approach underscores their confidence in their ability to achieve positive outcomes and emphasizes their dedication to justice.
Free Case Evaluation
For those seeking legal guidance after a motorcycle accident, we provide a free case evaluation. This initial consultation allows potential clients to discuss their situation with experienced attorneys, gain insight into the legal process, and determine the best course of action. Offering this evaluation at no cost makes it accessible for anyone needing legal advice, regardless of their financial situation.
Insights From Experienced Attorneys
The team of attorneys at Mitchell & Danoff Law Firm brings a wealth of knowledge and experience to every case. Their expertise covers various aspects of personal injury and insurance law, allowing them to address all client concerns comprehensively. By keeping clients informed and involved throughout the legal process, they ensure decisions are made collaboratively and in the best interests of those they represent.
Guidance Through Complex Legal Processes
Legal processes following a motorcycle accident can be intricate and overwhelming for individuals unfamiliar with the system. We provide clear and straightforward guidance, breaking down complex legal terms and procedures into easy-to-understand information. This guidance empowers clients, giving them the confidence to make informed decisions about their cases.
Advocating For Fair And Just Settlements
The pursuit of fair and just settlements is at the core of Mitchell & Danoff Law Firm‘s mission. The firm is relentless in advocating for what their clients rightfully deserve. They explore every avenue for resolution, ensuring all aspects of a claim are meticulously addressed and supported by evidence. Whether through negotiation or litigation, their commitment to achieving justice remains unwavering.
Preparation For Court Trials
In circumstances where negotiations do not yield satisfactory results, we are always prepared to take a case to trial. Their attorneys are seasoned litigators, ready to vigorously defend the interests of their clients in a courtroom setting. This readiness not only strengthens their negotiation position but also assures clients of their all-encompassing legal support.
Protecting The Rights of Motorcyclists
Motorcyclists often face stereotypes and biases in legal and insurance contexts. We are dedicated to protecting the rights of motorcyclists by challenging these unfair assumptions. They strive to ensure motorcyclists are treated equitably in all legal proceedings, advocating for their rights as road users and accident victims.
Community Involvement And Reputation
Mitchell & Danoff Law Firm has built a reputation not only through legal success but also through active community involvement. Their commitment to clients extends beyond legal cases; they engage with local communities, supporting initiatives that promote road safety and accident prevention. This community presence enhances their understanding of local legal climates and strengthens their role as trusted legal advisors.
Final Thoughts
When individuals or their loved ones are injured in a motorcycle accident, choosing the right legal representation is crucial. Reach out to Mitchell & Danoff Law Firm today at (831) 219-2110 because we are your dedicated partner, bringing extensive experience, personalized service, and a commitment to justice to every case. From navigating the complexities of insurance negotiations to advocating in court, they are equipped to handle all facets of
motorcycle accident claims, ensuring clients receive the support and compensation necessary for recovery.
Contact Mitchell & Danoff Law Firm to schedule a free case evaluation. We don’t charge you any fees if we don’t win on your behalf. Call (831) 219-2110 today!
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Read DisclaimerFrequently Asked Questions
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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.
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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.
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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.
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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.