Motorcycle Accident Lawyer San Jose, CA

Year-round pretty weather means that motorcycles and scooters are a common sight on San Jose roads, but although riding can be fun, it’s also much riskier than driving a car or truck. In a motorcycle accident, even if it’s a single-vehicle collision because of poor road conditions, the rider often suffers serious injuries. If you’ve been involved in a motorcycle accident, you may have grounds to file a lawsuit against the person or entity responsible for the crash.

You can learn your legal options in a free consultation with an experienced San Jose, CA, motorcycle accident lawyer. The legal team at Mitchell & Danoff Law Firm, Inc. works with injured victims like you every day, focusing on helping them seek justice and heal from a nasty wreck.

What Does A San Jose Motorcycle Accident Lawyer Do?

A motorcycle accident lawyer is a personal injury attorney who handles the unique challenges of motorcycle accident claims. They help injured riders learn their options for seeking compensation from the party that caused the wreck and work with them to build a case against that at-fault party.

Personal injury claims are intended to restore the victim to the financial status they were before the wreck. If you incurred steep medical bills because of your motorcycle accident injuries and missed work because you were recovering, then you’re entitled to compensation for those losses. You can also seek compensation for your pain and suffering and emotional trauma, like developing situational anxiety you suffer because of the wreck.

Motorcycle Crash Claims Are More Complex Than Car Crash Claims – Why?

Pursuing compensation after a motorcycle crash may be trickier than if you were in a collision while driving a car. One reason is that motorcycle accidents often result in severe, life-changing injuries, which means that the claim amount is usually higher, often over six figures, to account for the extensive medical care and rehabilitation needed for the victim. Insurance companies take a closer look at high-value claims and may question each piece of evidence, from your medical records to witness statements, to avoid paying out a large claim.

Another reason these claims may be trickier is, again, because of the other party’s insurance company. They may view riding a motorcycle as riskier than driving a car and will look for any reason to blame the accident on you, including questioning whether you were following all traffic laws at the time of the wreck, wearing a proper helmet, and even whether you were wearing optional safety gear. A lawyer must work hard to prove you were the victim of another driver’s negligence.

How To Stay Safe While Riding A Motorcycle 

Motorcycle riding brings with it an undeniable sense of freedom and excitement. However, the thrill of the open road comes with its share of risks. To mitigate these risks, wearing the proper safety gear is paramount for every rider. Beyond the immediate steps taken for safety, understanding the importance of legal representation from an experienced San Jose, CA motorcycle accident lawyer following an accident is equally crucial. Here, Mitchell & Danoff Law Firm, Inc will explore both aspects to ensure you are well-prepared and protected.

Essential Safety Gear For Riders

It is important to always take precautions when riding a motorcycle, even if you are a smart rider. You never know how other people will act on the road, so always ensure you wear this equipment: 

Helmets

Perhaps the most critical piece of safety equipment, a helmet can significantly reduce the risk of fatal head injuries. Choose a helmet that meets the safety standards set by the Department of Transportation. It should fit snugly and provide ample visibility and comfort.

Jackets And Pants

Riding apparel made from abrasion-resistant materials such as leather or advanced synthetic fabrics can protect against cuts, scrapes, and road rash. Many of these garments are equipped with armor in key areas for added protection.

Gloves

Hands are often the first point of contact in an accident. Durable gloves safeguard your hands from abrasions and ensure a better grip on the controls, even in adverse weather conditions.

Footwear

Sturdy, over-the-ankle boots protect riders’ feet and ankles from impacts and abrasions. Opt for footwear with non-slip soles, adequate ankle support, and protection.

Eye Protection

Whether part of the helmet or separate eyewear, protecting your eyes from wind, dust, debris, and insects is essential for maintaining visibility and focus on the road.

The Importance Of Legal Guidance Post-Accident

Despite all precautions, accidents can still happen, leading to potential injuries, damages, or disputes. In such stressful times, having a San Jose motorcycle accident attorney by your side is invaluable. Here’s why:

Navigating The Legal System

The aftermath of an accident can involve complex legal procedures. A skilled attorney can guide you through these complexities, ensuring that your rights are protected every step of the way.

Insurance Negotiations

Insurance companies often aim to minimize compensation. An experienced attorney knows how to negotiate with these companies to secure a fair settlement that covers medical expenses, lost wages, and other damages.

Expertise In Liability Determination

Determining fault in a motorcycle accident can be complicated. Legal professionals have the expertise to analyze evidence and establish liability, which is crucial for your case.

Access To Resources

Attorneys have access to a network of experts, including medical professionals, accident reconstruction experts, and economic loss analysts, who can strengthen your case.

Peace Of Mind

Perhaps most importantly, having an attorney allows you to focus on your recovery, knowing that your case is in capable hands.

Taking The Next Step

If you or a loved one has been involved in a motorcycle accident, it’s essential to speak with a legal professional as soon as possible. Early consultation can be crucial to the outcome of your case. Our firm is committed to providing compassionate and competent representation for our clients. We understand the challenges you face and are here to help you navigate the legal process with confidence.

To learn more about how we can assist you, please reach out to a California motorcycle accident lawyer from our firm for a consultation. Let us take the burden of legal worries off your shoulders, so you can concentrate on what’s most important: your recovery and well-being. Contact Mitchell & Danoff Law Firm, Inc today to learn more.

If You’ve Been Hurt, We Can Help. Call Today

Have you been hurt in a motorcycle collision with another vehicle or wrecked your bike because of road hazards that should have been repaired? The negligent driver or other party could be liable for your injury and financial losses. A San Jose motorcycle accident lawyer from Mitchell & Danoff Law Firm, Inc., can help you assert your rights and demand the compensation you deserve. Call us today for a free consultation.

Questions About Legal Help When Insurance Is Trying To Prove A Motorcycle Accident Was Your Fault

Our San Jose, CA motorcycle accident lawyer knows that when you need to go up against an insurance company, you need proof that your injuries were the result of someone else. Turn to the lawyers you can trust at Mitchell & Danoff Law Firm, Inc.

How Can We Defend Against An Insurance Company’s Claim That The Accident Was Our Fault?

When facing an insurance company’s assertion that a motorcycle accident was our fault, it’s essential to gather substantial evidence to counter their claims. This includes obtaining a police report, collecting witness statements, and securing any available video footage. We also recommend documenting the accident scene and your injuries as soon as possible. Our firm will collaborate with accident reconstruction experts to analyze the evidence thoroughly. Our goal is to build a strong case that clearly demonstrates the true cause of the accident and to protect your rights throughout the legal process.

What Should We Do Immediately After The Accident To Strengthen Our Case?

Immediately after a motorcycle accident, taking the right steps can significantly strengthen your case. First, ensure your safety and seek medical attention. Document the accident scene by taking photos and videos from various angles, capturing details like skid marks, road conditions, and vehicle damage. Exchange information with the other party involved and obtain contact details from any witnesses. Avoid making any statements that could be interpreted as admitting fault. Notify your insurance company about the accident, but be cautious with your statements.

How Do We Handle Interactions With Insurance Adjusters?

Our San Jose motorcycle accident lawyer knows that interacting with insurance adjusters can be tricky, as their primary goal is to minimize the payout. When dealing with adjusters, we recommend being polite but cautious. Provide only the necessary information and avoid discussing details about fault or the extent of your injuries. Remember, anything you say can be used against you. It’s often beneficial to let your attorney handle communications with the insurance company.

What Evidence Is Crucial In Proving That The Accident Wasn’t Our Fault?

To prove that the motorcycle accident wasn’t our fault, several pieces of evidence are crucial. This includes the police report, which provides an official account of the accident and may indicate who was at fault. Witness statements can corroborate your version of events. Photographs and videos of the accident scene, vehicle damage, and any visible injuries can provide visual proof. Medical records documenting your injuries and treatment are also vital. Additionally, accident reconstruction experts can analyze the scene and vehicle damage to offer professional insights.

What Are Our Legal Options If The Insurance Company Denies Our Claim?

If the insurance company denies your claim, you still have several legal options. First, we can review the denial letter to understand the reasons behind their decision. Often, we can appeal the denial by providing additional evidence or clarifications. If the appeal is unsuccessful, we may consider filing a lawsuit against the insurance company for bad faith practices. Throughout this process, it’s crucial to have experienced legal representation.

If you’re dealing with an insurance company that is trying to prove the motorcycle accident was your fault, don’t navigate this challenging situation alone. Attorney Jesse Danoff loves and underdog and will support you throughout your case. Contact us at Mitchell & Danoff Law Firm, Inc. today, and let us provide the expertise and support you need to protect your rights and achieve a fair outcome. Speak with our motorcycle accident lawyer in San Jose now.

Help With A Private Investigator After Your Motorcycle Accident

After a motorcycle accident, our San Jose, CA motorcycle accident lawyer knows that dealing with the insurance company can involve many unexpected challenges, one of which may be the presence of a private investigator. It’s not unusual for insurance companies to hire investigators to gather information on claimants, especially in cases involving significant injuries or substantial compensation claims. Private investigators may monitor your activities, look for inconsistencies in your claim, or attempt to find evidence that minimizes the insurance company’s financial responsibility. At Mitchell & Danoff Law Firm, Inc., we understand these tactics and work with our clients to help them understand their rights and protect their claims. When you work with us, you can trust that we will do all we can to help and know that we work on a contingency-fee basis.

Why Insurance Companies Use Private Investigators

Insurance companies have a vested interest in paying as little as possible on claims, especially when a motorcycle accident results in high medical costs, lost wages, and other damages. If there are questions about the extent of your injuries or the validity of your claim, the insurance company may hire a private investigator to observe your daily activities and gather information that could be used to reduce the payout. Surveillance tactics often include following you, photographing or filming your activities, and even checking your social media profiles to look for evidence that contradicts your reported injuries.

Private investigators aim to catch claimants engaging in activities that seem inconsistent with their injury claims. For example, if you report a severe back injury but are observed lifting heavy objects, the insurer may argue that you’re less injured than you claim. These observations may then be used to challenge your need for medical treatment, rehabilitation, or compensation for pain and suffering.

What To Expect From Surveillance

When a private investigator is hired, surveillance can include in-person monitoring as well as a digital investigation. Our motorcycle accident lawyer in San Jose knows that an investigator might discreetly follow you to your home, work, or doctor’s appointments, observing any physical activities that might suggest you’re in better condition than you have reported. Surveillance is generally legal as long as the investigator doesn’t intrude on private property or violate privacy laws, so it’s common for investigators to observe from a distance, such as parked on public streets outside your home or in nearby areas where you might run errands.

Beyond physical surveillance, private investigators may look into your social media posts. Many people unintentionally share information online that could impact their claims, such as photos, status updates, or comments that suggest they’re engaging in activities inconsistent with their reported injuries.

How To Protect Your Claim

If you suspect that a private investigator may be watching you, staying mindful of your actions and interactions is key. It’s essential to avoid any activities that could be misconstrued as proof that you aren’t as injured as claimed. This means adhering to your doctor’s recommendations regarding physical limitations, even if you feel capable of doing more. Staying off social media or being cautious about the types of information you share can also help protect your claim. Posting photos, even of unrelated activities, could unintentionally provide ammunition for the insurance company to challenge your case.

We advise our clients to focus on their recovery and follow medical advice closely. By following your prescribed treatment plan and being cautious about public appearances or social media activity, you reduce the risk of jeopardizing your claim. If you believe that an investigator is observing you, knowing your legal rights is essential.

Contact Us For Support With Your Motorcycle Accident Claim

If you’re facing challenges with an insurance claim after a motorcycle accident, including the presence of a private investigator, we’re here to help. At Mitchell & Danoff Law Firm, Inc., our goal is to protect your rights and secure the compensation you need to move forward. Our award-winning legal team is here to help you after your motorcycle accident. Contact our motorcycle accident lawyer in San Jose today to discuss your case and learn how we can assist you.

Followed By A PI After Your Motorcycle Accident

Our San Jose, CA motorcycle accident lawyer knows that after a motorcycle accident, insurance companies may go to great lengths to minimize the compensation they owe. One tactic they sometimes use is hiring a private investigator (PI) to observe your activities. At Mitchell & Danoff Law Firm, Inc, we’ve seen how stressful this can be for accident victims. We helped one client win a motorcycle accident settlement for $350,000. Here are some practical steps to protect yourself and your case if you suspect or know a PI is following you.

1. Know Why Investigators Are Hired. Insurance companies hire private investigators to gather evidence they can use to challenge your injury claims. They may be looking for signs that your injuries are not as severe as reported or that you’re engaging in activities inconsistent with your statements. Knowing this can help you stay mindful of your actions and avoid situations that might be misinterpreted.
2. Be Honest About Your Injuries. The best way to protect your claim is to be truthful about your condition. If you’ve reported specific limitations caused by your injuries, stick to those limitations in your daily activities. Even innocent actions, such as carrying groceries or playing with your kids, can be taken out of context if they appear inconsistent with your claims.
3. Avoid Overthinking Normal Activities. While it’s important to be mindful of your actions, don’t let the possibility of surveillance paralyze you. You have a right to live your life within the bounds of your recovery. PIs are trained to observe, but they cannot interfere with your daily activities or violate your privacy rights.
4. Understand What a PI Can and Cannot Do. As our motorcycle accident lawyer in San Jose can tell you, private investigators must operate within the law. They can observe you in public places, take photographs or videos, and track your activities from a distance. However, they cannot trespass on private property, eavesdrop on private conversations, or use illegal methods to gather information. If you feel your privacy has been violated, it’s important to speak with your attorney immediately.
5. Limit Your Social Media Activity. PIs often review social media profiles for evidence that can be used against you. Avoid posting updates, photos, or videos that could misrepresent your condition. Even a harmless post about feeling better could be misconstrued as evidence that your injuries are not as serious as claimed.
6. Stay Consistent in Your Statements. Consistency is key when pursuing an injury claim. Your statements to the insurance company, doctors, and legal team should align with your actions and documented injuries. If a PI captures footage that appears contradictory, it could harm your case, even if taken out of context.
7. Report Any Suspicious Behavior. If you notice someone following you or observing your activities, it’s a good idea to document what you see. Take note of the person’s description, vehicle information, and the times and locations of suspicious behavior. Share this information with your attorney, who can address the situation appropriately.

Find Help Today

Facing surveillance by an insurance company after a motorcycle accident can feel intrusive and intimidating. At Mitchell & Danoff Law Firm, Inc, we’re here to support you and protect your rights. If you suspect a private investigator has been hired to monitor you, contact us today. We have recovered over $500 million for our clients. We’ll help you stay focused on your recovery while building a strong case for the compensation you deserve. Speak with our San Jose motorcycle accident lawyer when you need help.