Common Causes of San Jose Motorcycle Accidents
Most Crashes Start With a Driver Who Didn't Look.
Drivers train themselves to watch for cars and trucks, not motorcycles. When that blind spot turns into a crash, our San Jose motorcycle accident attorneys prove exactly what went wrong, and who has to pay for it.
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Knowing Why It Happened Is How You Prove Who Pays
Dangerous road conditions cause some motorcycle crashes. Many more are preventable collisions caused by a negligent driver: someone rushing a merge, turning left without looking, or swinging a car door open without checking the mirror. A motorcycle is smaller and harder to see, and the rider has only a helmet and gear for protection, so the consequences are often serious.
The cause of the crash shapes the whole claim: what evidence matters, who is liable, and which insurance pays. You may have a claim if:
A driver merged or changed lanes into you without checking their blind spot
A driver turned left across your path at an intersection
A parked driver opened a door into your path
A driver rear-ended you or sped up and cut you off
A pothole, debris, or broken pavement threw you off the bike
If any of these sound familiar, talk to us. The consultation is free, and you pay nothing unless we win.
Pin Down the Cause Before the Evidence Disappears
Get medical care, even if you feel okay.
Adrenaline hides injuries, and your treatment record is part of your claim.
Tell the officer exactly what the driver did.
“He turned left without looking” or “she opened her door into my lane.” Specific words end up in the report.
Photograph the vehicles where they came to rest.
Their positions, the damage, and skid marks help reconstruct the crash.
Capture the road itself.
Lane markings, signals, sightlines, potholes, debris, and lighting. Hazards get cleaned up and repaired quickly.
Collect witness names and look for cameras.
Other riders, drivers, and nearby businesses may have seen or recorded what happened.
Let us handle the insurer.
Adjusters are trained to turn questions about the cause into questions about your riding.
Who Pays Depends on What Caused the Crash
The at-fault driver's insurance
California is an at-fault state. When a careless or reckless driver causes the crash, their insurer is responsible for your claim.
The driver or owner in a dooring crash
The person who opened a door into your path, and in some cases the vehicle’s owner, can be responsible for your injuries.
The agency responsible for a dangerous road
When a pothole, broken pavement, or other hazard caused the crash, the government entity that maintains the road may be liable. These claims have a six-month deadline.
Your own UM/UIM coverage
If the at-fault driver had no insurance or too little of it, your uninsured/underinsured motorist coverage can make up the difference.
How We Connect the Cause to the Driver
Each type of crash leaves its own trail of evidence. We know what to look for, and we move before it’s gone:
- Merging crashes: mirror and blind-spot sightlines, turn-signal use, and where each vehicle was in the lane
- Left-turn crashes: the intersection’s signals and sightlines, and what the driver could have seen before turning
- Dooring: the parked car’s position, the door’s damage, and the timing of the opening
- Rear-end crashes: following distance, braking, and whether the driver was distracted
- Speeding and cut-offs: reconstruction of speeds and timing from damage, marks, and footage
- Road hazards: photos, repair records, and complaints showing the danger was known
Then we tie the cause to your losses with complete medical records and documentation of every cost, and we negotiate as a firm that’s ready for trial.
California Law on Fault in Motorcycle Crashes
Fault decides who pays
Under California’s at-fault system, the party who caused the crash, through their insurer, pays for the injured rider’s losses. You can pursue an insurance settlement, or a damages award through a negligence lawsuit.
Your losses go beyond the medical bills
Along with medical expenses and lost wages, compensation can reflect disfigurement, emotional distress, and damage to your motorcycle and gear.
Shared fault reduces, never erases, your claim
Insurers often argue the rider contributed to the crash. Under California’s pure comparative negligence rule, any share of fault only reduces your recovery.
Two years, and sometimes six months
You generally have two years to file a lawsuit. If a government vehicle or a dangerous public road was involved, a claim can be due within six months.
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San Jose Motorcycle Accident Causes FAQs
What causes most motorcycle accidents?
Many are preventable crashes caused by a negligent driver who didn’t see the motorcycle: merging without checking a blind spot, turning left across a rider’s path, opening a door into traffic, following too closely, or speeding. Road hazards cause others.
What is "dooring," and who is responsible?
Dooring happens when someone in a parked car opens the door into the path of an approaching rider. The person who opened the door is usually responsible, and in some cases the vehicle’s owner shares that responsibility.
A driver turned left in front of me. Who's at fault?
Left-turn crashes usually come down to whether the driver properly watched for oncoming traffic before turning. Drivers often say they never saw the motorcycle; that isn’t an excuse. We use the scene, witnesses, and footage to show what the driver could have seen.
Can I bring a claim if a pothole or debris caused my crash?
Possibly. If a government entity was responsible for the road, a claim may be possible, but it must be filed within six months. Photograph the hazard as soon as you can, before it’s repaired.
I was rear-ended while stopped. What should I do?
Get medical care and a police report, and photograph the vehicles before they’re moved. Rear-end crashes are often clear on fault, but insurers still try to minimize a rider’s injuries, so let us handle the claim.
Should I negotiate with the insurance company myself?
We don’t recommend it. Insurance companies are for-profit businesses, and they often try to settle for as little as possible. A lawyer who understands how the crash happened can counter their tactics, and file a lawsuit if negotiations fail.
What does it cost to hire you?
Nothing upfront. We work on contingency and are paid only if we recover compensation for you.
Get Your Free, Confidential Case Review, 24/7
The cause of your crash is written in evidence that fades fast: footage gets overwritten, hazards get repaired, and memories change. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
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