Getting the Help You Need

The San Jose motorcycle accident attorneys of The Mitchell Law Firm want you to get the help you need for your motorcycle accident claim. We know the claim and settlement process can be stressful, so we would like to offer you the following helpful tips.

Why You Need an Attorney before Filing a Claim

There are many factors that affect the amount and solidity of your claims following a motorcycle accident that only an experienced lawyer would know. These include, but are not limited to:

• Prevailing traffic and registration laws
• Insurance policy provisions
• Determination of liability for the accident
• Proper use of safety equipment
• Equipment malfunctions 

Traffic and Registration Laws in San Jose

Depending on where your accident occurred, California and federal traffic and registration laws may vary. Adherence to these laws at the time of your accident will, in part, determine whether you face partial or total fault for the motorcycle accident in which you were injured. You need an attorney experienced in both California and US laws regarding legal ownership of your motorcycle or of the vehicle that hit you, and traffic laws governing the operation of motorcycles and motor vehicles, to make sure liability is fairly placed in support of your accident claims.

Insurance Policy Provisions

The insurer for your motorcycle and the insurer of the vehicle that collided with you both want to pay out as little as possible for your accident. The lawsuit threshold in your policy, no-fault or limited fault policies, and other provisions will be employed to limit the insurers’ responsibilities. Insurers will employ examiners and attorneys to challenge all your claims. You need a knowledgeable lawyer on your side, vigorously defending your right to a comprehensive settlement following an accident, and cutting through the red tape to speed up the entire claims process.

Determination of Liability

Accidents are not always cut-and-dried affairs, with a clear, unchallengeable plaintiff and defendant. Tickets issued at the scene carry some weight, but there are many other legal factors that play into determination of fault. Factor in the insurance provisions that limit liability and the entire claims process becomes a complicated affair, indeed. Trust an experienced attorney to investigate the particulars of your accident and sort through the various laws and provisos to formulate a solid case on your behalf.

Proper Use of Safety Equipment and Equipment Malfunctions

These two issues can have a serious effect on your claims. Whether or not helmets and other protective gear were properly worn at the time of the accident may factor into the determination of fault for injuries. So will any product failure, such as a manufacturer’s defect that caused either your helmet to fail to protect you or a part in your motorcycle to malfunction. These kinds of contributing factors may necessitate a broadening of your claims to include not just the person who hit you, but the producer of any defective parts or equipment. You may be due settlements from multiple stakeholders.

Trust Experienced Tab Mitchell in Motorcycle Claims and Settlements

The law firm of Tab Mitchell in San Jose fully comprehends the legalities involved motorcycle accidents.  Trust in his experience to negotiate issues of liability, determine the amount you should claim, and identify all the stakeholders who owe you a settlement.

In the San Jose area, please call The Mitchell Law Firm at 866-616-9947 for a free consultation on any motorcycle accident claim, or use our quick contact web form.