Protecting Your Legal Interests with a San Jose Motorcycle Accident Attorney
If you’ve suffered motorcycle injuries in San Jose as the result of the negligence of someone else, you need to have a basic understanding of your legal rights. One of the more important rights you to have is to retain the professional services of an experienced, tenacious San Jose motorcycle lawyer. There are other issues associated with a motorcycle accident that have a direct bearing on your legal rights and interests.
Proving Liability or Responsibility in a San Jose Motorcycle Accident
- The first step in seeking compensation for injuries, damages, and losses following a San Jose motorcycle accident is proving the liability or responsibility of the party you allege caused the collision in the first instance. In California, there are four elements to proving responsibility for an accident and the associated injuries, damages and losses.
- You must demonstrate that the party causing the accident owed you what is called a duty of care. This means that the person who caused the accident owed you a duty to operate is or her own vehicle in a reasonable safe manner. All motorists are pubic roadways in California have such a duty of care.
- You must then demonstrate that the party causing an accident breached or broke that duty of care. An automobile that runs and red light and collides with you has violated that duty of care.
- The conduct of the other party must be what legally is called the proximate cause of the accident and your injuries. Proximate cause basically means that the conduct of the other party is the legal and factual cause of the accident and the injuries.
- Finally, you must suffer actual injuries, damages, and losses. They cannot be merely speculative, something that you contend might happen at some unknown point in time in the future.
Compensation for Motorcycle Injuries in San Jose
Potential financial recovery for injuries sustained in a motorcycle accident depend on a number of factors. These include the circumstances surrounding the accident itself. These also include the nature and extent of injuries you sustained.
Understanding these basic parameters, a motorcycle law firm typically seeks compensation for losses that include:
- medical bills
- pain and suffering
- mental anguish and emotional distress
- lost wages or salary
- permanent disability
In addition to financial recovery for your existing losses, you are also entitled to seek money for future loses you reasonably can be expected face in the future. For example, in the aftermath of a motorcycle accident, you may have ongoing medical needs. You may be unable to return to work in the immediate future. Indeed, your injuries may be such that you are prevented from returning to the same type of employment you enjoyed before the accident. You may experience chronic pain and suffering
Your Specific Cirscumstances
Depending on the circumstances surrounding the accident, and the conduct of the party who caused the incident, you may also be able to seek what are known as punitive or exemplary damages in a motorcycle accident lawsuit. Punitive or exemplary damages represent additional compensation awarded when the conduct of the party causing the accident is deemed particularly reckless or egregious.
Consult an Experienced San Jose Motorcycle Lawyer
In the aftermath of a motorcycle accident, you should make an appointment with a motorcycle law firm to better understand your legal rights and interests. During an initial consultation, a San Jose motorcycle lawyer will evaluate your case. You will have the opportunity to get answers to questions and your case. As a general rule, a motorcycle law firm charges no fee for an initial consultation with a prospective client.
Call us today at (800) 820-0000 for a free consultation or Contact Us online.