San Jose Motorcycle Attorney for Traumatic Brain Injury Cases

If you or a loved one suffered a traumatic brain injury in a motorcycle collision in San Jose, you are facing both a life-changing injury and a legally complex claim. Attorney Michael Martinovsky provides personal, hands-on representation to San Jose motorcycle victims — in English, Spanish, and Russian — with no fee unless we win.

Motorcycle crashes and traumatic brain injury in San Jose

San Jose is the largest city in the Bay Area and the hub of Silicon Valley, with dense commuter traffic and major freight routes feeding the South Bay. Motorcyclists have almost no physical protection in a crash, so even a moderate-speed collision with a car or truck can cause catastrophic, permanent injuries. California riders also face an unfair bias — insurers and juries sometimes assume the rider was at fault — which makes a thorough investigation and strong advocacy essential.

A traumatic brain injury (TBI) can result from a violent impact or rapid acceleration-deceleration in a collision, even without a direct blow to the head. Consequences range from concussion to severe, permanent cognitive, behavioral, and physical impairment — affecting memory, concentration, mood, speech, and the ability to work.

Why these cases are high value

Because motorcycle crashes so often cause severe, permanent injuries, the damages are typically large. The key challenge is sources of recovery: the at-fault driver's liability policy is often the first layer, but California's $30,000 per-person minimum is rarely enough for a catastrophic injury, so uninsured/underinsured motorist (UM/UIM) coverage on the rider's own policy frequently becomes critical.

Compensation available in a California traumatic brain injury claim

Full compensation in a San Jose motorcycle case involving a traumatic brain injury may include economic damages — past and future medical care, lost wages and diminished earning capacity, rehabilitation, and the cost of home or vehicle modifications — and non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life. TBIs are sometimes called 'invisible injuries' because symptoms may not appear immediately and do not show on every scan. Proving the full extent of a brain injury often requires neuropsychological testing and expert testimony, and the lifetime cost of care and lost earning capacity can be substantial.

The legal framework

• Lane splitting is legal in California (Vehicle Code § 21658.1). A rider who was lawfully lane splitting is not automatically at fault, and an attorney can rebut the common assumption that the motorcyclist caused the crash.
• Comparative fault. California's pure comparative negligence rule means a rider can recover even if partially at fault, with damages reduced by their percentage — making it important to minimize unfairly assigned fault.
• Stacking coverage. Recovery may combine the at-fault driver's policy, the rider's own UM/UIM coverage, and any additional responsible parties (for example, a government entity for a dangerous road condition).

Local context: San Jose

Serious motorcycle collisions in San Jose frequently occur along U.S. Highway 101, Interstate 280, Interstate 680, State Route 87 (Guadalupe Parkway), and State Route 85. A lawsuit arising from a San Jose crash is generally filed in the Santa Clara County Superior Court in downtown San Jose, located at 191 North First Street, San Jose, CA 95113, and Attorney Martinovsky is experienced litigating in Santa Clara County courts.

Evidence to preserve

Critical evidence in a motorcycle case can disappear quickly. In a traumatic brain injury claim, preserving the following early can be decisive:

• the police (traffic collision) report and any citations issued
• scene photographs, skid marks, and vehicle resting positions
• the motorcycle and the other vehicle before repair or salvage
• the rider's helmet and gear (relevant to injury causation)
• any traffic-camera, dashcam, or surveillance footage

Time limits to bring a California claim

California generally allows two years from the date of injury to file a personal injury lawsuit (Code of Civil Procedure § 335.1), and wrongful death claims are subject to the same two-year period. When a government entity is involved — for example, a publicly owned vehicle or a dangerous public road — a formal claim must usually be filed within six months under the Government Claims Act (Government Code § 911.2). Because deadlines can be shorter and physical evidence fades quickly, it is important to act promptly after a San Jose motorcycle collision.

Frequently Asked Questions

This page provides general legal information about California law, not legal advice for any specific case. Prior results do not guarantee a similar outcome. For advice about your situation, speak with an attorney.

Related pages

• Motorcycle Accidents
• Auto Collision Knowledge Base
• Auto Collision Attorney in San Jose
• Resources & Knowledge Base