San Jose Bicycle Accident Lawyer

If you’ve been harmed in a bike accident, you don’t have to face the aftermath alone. Our San Jose bicycle accident lawyers assist injured cyclists in Santa Clara County and throughout Northern California in securing compensation for medical bills, lost income, and other damages caused by negligent motorists, hazardous road conditions, or other negligent parties.

Attorney Jeff Car Accident Lawyer provides exceptional legal representation to injured bicycle accident victims. Learn how our award-winning law firm can maximize your bike accident claim. Schedule a free consultation online or call us at (409) 449-6897.

Why Work with a San Jose Bicycle Accident Attorney
California Bicycle Laws and Bicyclists’ Legal Rights
5 Things to Do After a San Jose Bicycle Accident
Who Can Be Held Liable for a Bike Accident?
Proving Liability in a Bicycle Accident Case
What Can Be Compensated in a Bike Accident Case?

Why Work with a Local San Jose Bicycle Accident Attorney

At Attorney Jeff Car Accident Lawyer, our experienced bicycle accident attorneys possess specialized expertise addressing the distinct challenges cyclists encounter. Through thorough investigations into each incident, we ensure financial accountability from the responsible party. Our law firm offers the following localized advantages for bicycle accident cases.

Maximize Case Value: Countering insurance tactics, as they often pressure victims into accepting undervalued settlements
Salvage Cases Involving Shared Fault: Securing fair settlements, even if cyclists bear some responsibility, by demonstrating minimal liability
Proactive Response to Building a Case: Quickly gathering and preserving evidence, such as obtaining dashcam footage before it’s overwritten, inspecting vehicles before repairs, and contacting witnesses for testimony while their recollections are fresh
Knowledge of Local Roads and Their Risks: Local understanding of how San Jose traffic patterns and busy areas like The Alameda contribute to bike accidents
Medical Assistance: Facilitating medical treatment, including connecting clients with top medical professionals in NorCal and scheduling follow-up appointments

Attorney Jeff’s Client-First Approach

Our compassionate bicycle accident lawyers always prioritize clients’ well-being. This involves assisting them through every step of the legal process and addressing any concerns that may come up along the way. Our client-first approach is demonstrated in the following ways:

Accessible Legal Representation: Clients pay no upfront legal fees and are only invoiced upon a successful case outcome with our contingency-fee arrangement
Clear Communication: Direct contact with a team of legal professionals who will also provide frequent case updates
100% Free Consultation: Complimentary and confidential case assessment, with no obligation to retain our services

California Bicycle Laws and Bicyclists’ Legal Rights

In California, bicyclists have the same rights and responsibilities as motor vehicle drivers. This means drivers are obligated to yield, maintain a safe passing distance, and avoid maneuvers that could endanger cyclists. The following regulations influence liability in bicycle accident cases:

Pure Comparative Negligence: Even if plaintiffs are partially at fault for causing their injuries, compensation may still be pursued under the state’s comparative negligence laws. However, it will be proportionally reduced based on their assigned percentage of fault.
Bicycle Helmet Laws: Bicycle riders under 18 are required to wear helmets. While not legally mandated for adults, helmets are always recommended. Failure to wear a bike helmet can impact liability in the event of a bicycle injury.
Bicycle Lanes: Bicyclists generally must use designated bike lanes when available, but they can leave the bike lane to pass, make a left turn, avoid hazards, or when the lane is too narrow for a car to safely pass.

When to File a Bicycle Accident Claim

California Statute of Limitations: Generally, personal injury claims must be filed within two years from the date of injury. Failing to file within this timeframe will result in the loss of the ability to pursue damages.
Claims Against Government Entities: The City of San Jose, County of Santa Clara, Caltrans, city vehicles, etc., require personal injury claims to be filed within just 6 months of the incident.
Bike Accidents Involving Minors: The statute of limitations may be tolled (paused) until the minor turns 18. Then the legal process to recover damages may begin.

Bicycle Accident Cases We Handle

Regardless of how cautious bicyclists are, they may still encounter accidents due to driver negligence and other factors. The most common types of bike accident cases often involve, but are not restricted to:

Dooring Accidents: When a car occupant does not check for oncoming cyclists and opens a parked car door into them, particularly on narrow roads, like Downtown or Santana Row
E-bikes and motorized bikes: Accidents involving higher speeds increase the impact during a collision
Left cross: When oncoming cars turn left across wide intersections, like Stevens Creek Blvd. and Winchester Blvd. near the Westfield Valley Fair Mall, failing to check that it’s clear
Ridesharing and commercial vehicles: Collisions with an Uber, Lyft, commercial truck driver, or any individual on the clock
Right hook: When a driver passes a cyclist and then turns right into them, which is common near freeway on-/off-ramps and shopping center driveways, like Interstate 880 (I-880)
Roadway defects and hazards: Accidents caused by potholes, uneven utility cuts, gravel, missing signage, or other hazards the city is responsible for maintaining
Speeding and distracted driving: When a motor vehicle driver becomes distracted by phone use, GPS, eating/drinking, and loses focus on driving
Unsafe passing/sideswipe: When a driver leaves less than 3 feet or crowds a cyclist, particularly in narrow lanes

If you were hurt on the Guadalupe River Trail, struck on El Camino Real, doored in Downtown, or sideswiped in Willow Glen, we’re here to help. Speak with our personal injury law firm today.

Common Bicycle Accident Injuries

Bicycle accidents often result in serious injuries. Some of the most common bike injuries that can be claimed in a personal injury case include, but are not limited to, the following.

Broken bones and fractures
Concussions
Dental fractures
Facial injuries
Head injuries
Internal injuries – organ damage, bleeding
Knee injuries – meniscus and ACL tears
Psychological trauma – anxiety, post-traumatic stress disorder (PTSD)
Road rash
Scarring and burns
Shoulder injuries
Soft tissue injuries
Spinal cord injuries – disc herniations, fractures, paralysis
Traumatic brain injury (TBI)

Bicycle accident injuries often require significant medical attention, such as surgeries, rehabilitation, and continuous therapy. These escalating medical bills highlight the importance of seeking fair compensation with the assistance of a bicycle accident attorney.

Our legal team can connect you with local specialists such as orthopedists, neurologists, concussion clinics, plastic surgeons, and dentists, and help arrange care on medical liens when necessary.

5 Things To Do After a San Jose Bicycle Accident

Call 911 and seek immediate medical attention. Report the accident and request a police report. Then, seek immediate medical care–even for seemingly minor injuries. The event should be officially documented to protect your legal rights and bicycle accident case.
Exchange information. Collect the names, phone numbers, license plate numbers, and insurance information of all involved parties. Also, contact information should be collected from any present witnesses.
Document everything. Take photos and videos of the roads, intersections, skid marks, traffic signals, lane markings, vehicles involved, debris, damaged bikes, helmets, clothing, and visible injuries.
Collect and preserve evidence. Request footage from doorbell or security cameras of nearby businesses and homes. Additionally, maintain the bicycle, clothing, and other gear worn during the accident in their current condition, refraining from repair, cleaning, or replacement.
Contact a bicycle accident lawyer. Before providing a recorded statement to any insurance company–even your own–consult with a lawyer. A local law firm can significantly benefit your case by obtaining footage, downloading vehicle data, and performing a comprehensive investigation.

Mistakes to Avoid After a Bike Crash

Fixing or discarding your bike/helmet/clothing: It is crucial to preserve all evidence. The bicycle, clothing, and safety equipment from the accident should remain in that same original condition, without any repairs or cleaning.
Posting on social media: Defense lawyers and insurance companies will investigate and look for ways to devalue a claim. If the victim appears to be uninjured or fine on social media, this can severely damage the claim.
Skipping medical appointments: It can be argued that gaps in treatment indicate severe injuries were not sustained or that the victim was not injured at all.
Talking to an insurance adjuster: This threatens claims because insurance companies seek opportunities to find inaccuracies or faults in victims’ accident accounts. This allows them to assign blame to the victims or decrease the claim’s value.
Waiting too long to call a lawyer. Evidence must be promptly obtained and preserved, and insurance companies frequently pressure victims into premature settlements before they can obtain legal advice. Consulting an attorney addresses these concerns, ultimately protecting the integrity of the personal injury claim.

Who Can Be Held Liable for a Bike Accident?

In a personal injury accident, any individual or entity found negligent can be held accountable for damages. The specific details and investigation of a bicycle accident will determine which of the following parties may be responsible:

Bike/parts manufacturers: Product defects like fork or brake failure
Contractors/utility companies: Faulty road maintenance work
Employers: On-duty drivers, such as commercial truck, delivery, or contracted drivers
Government entities: Failure to maintain safe roadways or faulty road designs
Negligent drivers: Speeding, distracted driving, driving under the influence (DUI)
Rideshare companies: Uber/Lyft liability policies when applicable

Our experienced bike accident lawyers in San Jose will identify all at-fault parties and ensure they are held financially accountable for their negligence.

Proving Liability in a Bicycle Accident Case

The at-fault party’s insurance company may attempt various strategies to reduce the value of a bike accident claim, pressuring injured victims into accepting grossly undervalued settlement offers. For a successful outcome, the four elements of negligence must be demonstrated, leaving little room for the insurance company to dispute the claim.

Duty of Care: The defendant had a legal obligation to act responsibly to prevent harm. For example, drivers are required to obey traffic laws and yield to bicyclists.
Breach of Duty: The defendant failed to uphold this duty of care, such as by speeding or running a red light.
Causation: The defendant’s negligence caused the accident that led to injury, like a distracted driver swerving into a bike lane and colliding with a bicyclist.
Damages: Economic and/or non-economic losses were suffered as a result of the accident. Damages may include medical bills, lost income, and pain and suffering.

Our San Jose bicycle accident lawyers build compelling cases by gathering substantial evidence to establish the four elements of negligence.

Valuable Evidence That Wins Bicycle Accident Cases

Accident scene inspection: Condition of roadways or skid marks
Bicycle inspection: Analysis to check for any defects
Medical records and expert opinions: Evaluation of injury severity
Monetary loss documentation: Pay stubs, HR letters, out-of-pocket expenses
Phone records: Logs indicating if the phone was used during the time of the crash
Surveillance/traffic video: Doorbell, storefront, intersection cameras
Traffic collision report: SJPD or CHP reports and amended supplements
Vehicle black box/data: Rideshare app trip data or trucking company delivery logs
Witness statements: Other drivers, pedestrians, or businesses

We collaborate with expert witnesses, including traffic engineers, accident reconstructionists, and financial analysts, to assess the extent of a victim’s physical and financial damages.

What Can Be Compensated in a Bike Accident Case?

Depending on the circumstances of the accident and if severe injuries were sustained, a successful personal injury claim may recover the following economic and non-economic losses.

Current medical expenses – ER, hospital stays, imaging, surgery
Future medical care – corrective surgery, physical therapy, pain management
Lost wages and loss of earning capacity
Out-of-pocket costs
Pain and suffering – physical pain, emotional distress, loss of enjoyment of life
Property damage – bike repair or replacement, biking gear
Punitive damages
Scarring and disfigurement
Wrongful death damages – burial costs, funeral expenses, loss of benefits

Bicycle accident victims often face significant medical debt due to the costly expenses of treating serious injuries. If these injuries and damages result from someone else’s negligence, the victim has a right to seek compensation.

How Much Is a Bicycle Accident Case Worth?

Given that each personal injury case presents unique circumstances, varying degrees of severity, and differing numbers of liable parties, the monetary value of each case will inevitably differ. The following elements are taken into consideration when assessing a case’s worth:

Clarity of Liability – fault disputes, multiple defendants, plaintiff shares fault
Injury severity – recovery time, surgeries, permanent impairments
Insurance – insufficient coverage, no coverage, multiple defendants
Medical costs and future care – physical therapy, pain injections, corrective surgeries
Non-economic harm – physical pain, emotional suffering, effect on family and hobbies
Time off work and long-term impact – lost promotions, career changes, disability

We cannot guarantee a specific monetary figure from the start. However, during the initial consultation, our bicycle accident attorneys can provide a candid evaluation of case value.

Assistance for Families After a Fatal Bicycle Crash

At Attorney Jeff Car Accident Lawyer, we understand the immense grief and financial strain that accompany the wrongful death of a loved one after an accident. Our compassionate legal team is dedicated to assisting surviving spouses, children, and parents in pursuing wrongful death claims with the utmost care, privacy, and respect.

We advocate for families seeking compensation for a wide range of damages, including:

Funeral and burial expenses: Covering the immediate costs associated with the deceased’s final arrangements
Loss of financial support: Addressing the significant economic impact resulting from the deceased’s lost wages and benefits. This also accounts for future earning capacity, including both past and future financial contributions the deceased would have provided
Loss of household services: Accounting for the value of contributions the deceased made to the household, such as childcare, home maintenance, and other domestic tasks
Medical expenses incurred prior to death: Recovering costs for any medical treatment the deceased received for injuries before passing away
Profound loss of love, companionship, and guidance: Recognizing the immeasurable emotional and relational void left by the deceased and providing some measure of justice for the surviving family members

How Our Bicycle Accident Attorneys Build Your Case: A Step-by-Step Approach

1. Free, No-Pressure Case Review

Our personal injury law firm offers a 100% free, no-obligation consultation to all prospective clients.

During this meeting, we will assess and confirm the viability of your case, document the incident thoroughly, answer all your questions, and detail the essential next steps for your medical care and future actions.

2. Investigation to Establish Liability

This process includes securing an accident report, gathering accident scene photos, obtaining video surveillance from businesses or doorbell cameras, and assessing damage to both the bicycle and vehicle.

We also issue preservation letters for business-related incidents. This letter is sent to the employers of the drivers involved in the bike accident to prevent the destruction or disposal of additional evidence.

Our bicycle accident lawyers then use these findings to collaborate with expert witnesses, such as accident reconstructionists, to prove how the accident occurred and establish the other party’s fault.

These findings, along with a list of resulting damages to be compensated, are then included in a demand letter and submitted to the at-fault party’s insurance.

3. Set Up Medical Care

We understand the complexities in securing proper medical care and help clients coordinate appointments with the most reputable doctors and specialists in Santa Clara County.

Our assistance goes beyond simply recommending practitioners. We actively work to ensure that clients’ injuries are thoroughly and accurately diagnosed, whether this involves orthopedics, neurology, physical therapy, or other necessary medical fields.

Additionally, we collect all relevant medical records and expert opinions, establish the link between the bicycle accident and sustained injuries, and project future medical needs (e.g., rehabilitation, medication, long-term care), proving severity and extent for proper compensation.

4. Demand and Negotiation

After you reach a stable point in your treatment, or once your doctor is able to forecast your future care, we submit a detailed settlement demand. This will include proof of liability, medical summaries, calculations of economic loss, and visuals illustrating your recovery journey.

If the insurer is unwilling to negotiate fairly, our bicycle accident attorneys will file a personal injury lawsuit in Santa Clara County Superior Court. We will manage all aspects of the legal process, including depositions, motions, mediation, and trial, ensuring you are informed and supported throughout.

Frequently Asked Questions About Bicycle Accidents

Do I have a case if the accident was a hit-and-run?

It’s possible. We investigate hit-and-run leads to identify the at-fault party by searching for nearby video surveillance and working with the police. Another avenue is to apply your own insurance policy if you have uninsured motorist (UM) coverage.

Do I still have a case if the police report puts me at fault?

Yes. These accident reports may contain inaccuracies and are not admissible in court. However, an independent investigation can gather evidence, such as traffic camera footage or witness testimony, to contradict the collision report and establish driver fault.

Can I file a claim if I wasn’t wearing a helmet?

Yes. While adult riders are not legally required to wear helmets in California, they can still be partially blamed for causing their own injuries by failing to wear one. Regardless, partial damages may still be recoverable under the state’s comparative negligence laws.

What if a pothole or construction caused the crash?

A government entity, such as the city of San Jose or the county where the accident took place, may be financially responsible for incidents involving poorly maintained roadways, faulty road improvements or repairs, damaged signage, or a lack of bike lanes. This also applies to any other responsibilities the government entity should have fulfilled.

Personal injury claims against these entities must be filed within six months of the incident, a shorter timeframe than the standard 2-year statute of limitations.

Do injured e-bike riders have the same rights as injured bicyclists?

Generally, yes. E-bike riders can seek compensation for medical costs, lost income, and pain and suffering if the other party’s negligence is established. However, proving the other party’s complete fault can be challenging, as these cases sometimes involve rider negligence as well.

Call a San Jose Bicycle Accident Lawyer Today

Our firm is equipped to protect your rights, maximize your case, and pursue the full and fair compensation you are entitled to. You require a team that understands cycling, is acquainted with San Jose’s infrastructure, and possesses the resources to challenge insurance companies, corporations, and governmental entities.

Schedule your free case evaluation today.

Other Cases Our Personal Injury Law Firm Handles

Our experienced personal injury attorneys in San Jose, CA also specialize in the following practice areas:

Free Consultation with a Bike Accident Lawyer in San Jose, CA

Our personal injury attorneys can help evaluate your motorcycle accident claim and pursue the maximum recovery you are entitled to.

Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897

Serving Riders Across San Jose and Santa Clara County

We represent cyclists in Downtown San Jose, Willow Glen, Berryessa, Evergreen, Rose Garden, Cambrian Park, Almaden Valley, North and West San Jose, Burbank, Japantown, Little Portugal, Alum Rock, and throughout Santa Clara County—including Santa Clara, Sunnyvale, Cupertino, Los Gatos, Campbell, Milpitas, Mountain View, Palo Alto, and Morgan Hill.

Attorney Jeff Car Accident Lawyer’s Other Locations

Schedule a free case assessment to discuss your bicycle accident with one of our personal injury lawyers today, or determine the viability of your case through our free case checker.

For your convenience, we have law offices throughout Southern and Northern California.

We’re available 24/7 to answer your questions and guide you toward financial, physical, and mental recovery. Contact us today.