Residents of San Jose enjoy gorgeous weather all year long. It makes for a thrilling way for motorcyclists to get around the city. Sadly, bikers face many dangers when they are out on the roads and interacting with other drivers and vehicles. Motorcyclists can file a personal injury claim after an accident, but they face additional challenges when trying to obtain fair compensation. Insurance companies and the courts often view bikers as reckless individuals, even though this is not true. If you have been hurt, our San Jose motorcycle accident lawyer can help you overcome the biases people hold against bikers. We can also prove your case so you obtain the full and fair settlement you are entitled to.
Lane Splitting and Motorcycle AccidentsLane splitting occurs when a biker travels between two lanes of traffic, usually when vehicles are traveling slowly or that are at a complete stop. Lane splitting allows a motorcyclist to move through traffic quickly and easily. This behavior is illegal in all states, but it is not in California. Although state law once prohibited this behavior, it has since been removed from the statutes.
Even though the law in the state does not explicitly state that lane splitting is against the law, some negligent parties still use it as a defense. They argue that because a biker was lane splitting, they were breaking the law and therefore, acting negligently themselves. While this is not true, bikers are still recommended to refrain from lane splitting. This can prevent arguments from the other side that you were at fault for a crash and make it easier to obtain the maximum damages you deserve. If you find yourself in a tricky legal situation, reach out to a motorcycle accident attorney in San Jose.
The Law on Motorcycle Helmets in San JoseThroughout California, all motorcyclists and passengers are required to wear a safety helmet that complies with the standards outlined by the Department of Transportation. All motorcyclists should comply with this law for their own personal safety. Motorcycle accidents are much more likely to be fatal for the biker when their head is not protected.
Wearing a motorcycle helmet can also help bikers obtain more damages when filing a claim. When a biker was not wearing a helmet, the other side will likely argue that the motorcyclist did not try to keep themselves safe or mitigate their injuries. Under the state’s comparative fault laws, that could greatly reduce the total amount of damages a biker receives to compensate for some of the most serious injuries.
Our Motorcycle Accident Lawyer in San Jose Can Help After a CrashIf you have been involved in a motorcycle accident, do not try and obtain a fair settlement on your own. There are many challenges associated with these cases and they are difficult to overcome without legal representation. At Brod Law Firm, our San Jose motorcycle accident attorney can help you obtain the full and fair damages you deserve. Call us now at (800) 427-7020 or contact us online to schedule a free review of your case with our skilled attorney.