San Jose Bicycle Accident Lawyer

San Jose offers an extensive network of bike lanes and bike-sharing programs, giving cyclists access to travel throughout the city to commute to work, exercise, or to enjoy scenic trails, like the Los Gatos Creek Trail. In October 2020, the city approved Better Bike Plan 2025. The plan aims to:

• Create protected bike lanes
• Enhance intersections
• Develop safer street designs

Establishing a safe biking infrastructure will help reduce the number of accident cases. But, like any form of transportation, cycling comes with its risks. For instance, bicycle accidents that involve motor vehicles often result in serious injuries, or even death. This is primarily due to the lack of protection available to cyclists.

In such a case, injured victims are given the right to take legal action against the responsible party. At West Coast Trial Lawyers, our San Jose bicycle accident lawyers will fight to ensure you are granted a fair settlement that can help cover medical bills, lost wages, and any other long-term impact caused by the collision. With over 20 years of legal experience, our team of attorneys have handled a variety of cases and are confident that they can get you the justice and compensation you deserve for your losses.

To schedule a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.

What Are Common Causes of Bicycle Accidents?

A serious bicycle accident can be caused by multiple factors, with the most common being motor vehicles. Although drivers are required to provide a duty of care to others on the road, some may refuse to comply with traffic laws and do either of the following:

• Distracted driving
• Speeding
• Failing to yield the right-of-way

Other than reckless driving, open car door accidents have also led to severe cyclist injuries. Under California Vehicle Code (CVC) 22517, drivers and passengers must evaluate traffic flow before entering or exiting a motor vehicle. By not doing this, they can create dangerous paths for cyclists who are attempting to pass by.

Cyclist errors are another contributing issue. If either of the following actions are performed, it will put bicycle riders at risk of crashing into a motor vehicle or another object:

• Riding against traffic
• Not using bicycle hand signals
• Failing to utilize visibility aid at night

Now, in terms of both drivers and cyclists, mechanical failures are a problematic factor that can contribute to a bicycle accident. If certain problems arise, like brake failure or tire blowouts, it can cause either party to lose control, making it more difficult for them to avoid crashing into one another.

What Are Common Bike Accident Injuries?

Bike accidents can lead to various levels of bodily damage. Some may endure minor harm whereas others will experience severe injuries. Common outcomes that may appear soon after a bicycle accident include the following:

• Broken bones
• Head injuries
• Traumatic brain injuries
• Spinal cord injuries

Not only will cyclists sustain physical pain, but symptoms pertaining to psychological trauma may also occur, such as:

• Flashbacks
• Nightmares
• Severe anxiety

What to Do After a Bicycle Accident

Experiencing a bicycle accident can be traumatizing. Although it is easier said than done, we encourage victims to take the following steps to ensure your safety and to better your chances at submitting a well-constructed claim.

Reach Out to Local Authorities

Contact 911 if you notice any injuries or damages after the bicycle accident. Local authorities will arrive and conduct a police report. You may request a copy of this document to use as proof in your personal injury claim. Paramedics will also be present to assess the injured parties and perform immediate medical care, if needed.

Gather Evidence

Be sure to collect as much evidence as you can, like:

• Photos of your injury, damages, and the accident scene
• CCTV footage
• Witness statements
• Written documentation of what you experienced before, during, and after the crash
• A copy of the accident report and your medical records

Exchange Information

You should exchange contact, insurance, and/or vehicle information with all parties involved in the collision.

Seek Medical Attention

It is important to seek immediate medical attention after a bike accident. Some injured cyclists may have concussions or internal bleeding, and this may not be apparent soon after the crash. Lack of care can trigger the condition to progressively worsen over time. A medical professional can perform imaging tests to detect the hidden problem and help reduce any risk of complications. In addition, if you fail to acquire treatment after the incident, the opposing side may argue that your injury is not as serious as you claimed or that it could have been caused by another factor.

Consult With a San Jose Bicycle Accident Attorney

A San Jose bicycle accident lawyer will assess the information provided and follow up by explaining what your legal rights and options are. They will help you establish fault by gathering and analyzing evidence to build a convincing bicycle accident case proving the other party’s liability. All potential damages will be factored in to ensure you acquire maximum compensation.

Who Is Usually At Fault if a Bicycle Is Involved in an Accident?

On most occasions, the driver is at fault for a bicycle accident. But, in other cases, cyclists can also be found accountable. To determine liability, you will need to obtain significant evidence to support your claim. You could also present your findings to a San Jose bicycle accident lawyer to help you identify the responsible party. They will incorporate the following key elements when proving negligence:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• Your injuries were primarily caused by the defendant’s reckless behavior
• The defendant caused you to suffer losses, like damaged property or medical bills

Comparative Negligence in a Bike Accident

Comparative negligence refers to a legal principle where fault is shared between all parties involved according to each of their contributions to the bike accident. If all parties were partially responsible, compensation will be calculated and distributed based on percentage of fault. For instance, if the defendant is 70 percent at fault and you were 30 percent at fault, your settlement will be reduced accordingly.

Wrongful Death From Bike Accidents

Wrongful death from a bike accident happens when a cyclist loses their life due to a negligent individual or entity. In such a case, the deceased person’s family members or heirs may be entitled to sue the responsible party to recover compensation. Specific individuals who can file a wrongful death lawsuit include:

• Surviving spouse
• Biological or adopted children
• Parents
• Other dependents who financially relied on the victim

Damages available in a wrongful death will vary depending on the factors involved. But, typically, the following may be granted:

• Medical expenses
• Funeral and burial costs
• Emotional distress
• Loss of financial support
• Loss of companionship

Statute of Limitations for Bicycle Accidents

Under California law, you will need to submit a bicycle accident claim within two years from the date of when the incident occurred. This may also apply if the cyclist passed away from the impact. But, if you could not reasonably have known the victim’s cause of death or the negligent actions involved until a later date, the discovery rule will take effect.

No matter what kind of accident you have been involved, try to obtain as much evidence as you can and consider seeking legal representation to better your likelihood of creating a strong bicycle accident lawsuit. Failing to fulfill these tasks can delay the claims process, thus increasing the risk of exceeding the statute of limitations. If this does happen, you will no longer be given the right to recover damages.

Compensation for Bicycle Accidents in San Jose

Compensation in a San Jose bicycle accident case will differ for each victim due to the unique challenges that are presented. The court will determine the value of a settlement based on the extent of your injury, current and future medical costs, lost income and earning capacity, and the percentage of fault. To get an estimate of what you may be awarded, you can use our personal injury settlement calculator by entering the expenses you sustained after the incident.

Typically in personal injury cases, the victim can recover economic damages, non-economic damages, or a mixture of both depending on the severity of the accident. Economic damages are financial expenses you incurred as a result of the bike crash, including:

• Lost wages
• Medical expenses
• Property damage

Non-economic damages are intangible losses, like:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Our San Jose Bicycle Accident Lawyers Are Here to Help

Bicycle accident victims who were harmed due to someone else’s negligence are entitled to file a personal injury claim to seek compensation. At West Coast Trial Lawyers, we will assess and investigate all aspects of the collision to ensure you get the justice and compensation you deserve for your losses. With over $1.6 billion in financial compensation won for our clients, we will do everything we can to ensure our clients get the justice and compensation they deserve and hold those responsible for their actions. 

To schedule a FREE, no obligation consultation with one of our bicycle accident attorneys, you can get in touch with us by calling (213) 927-3700 or completing our easy online contact form.