San Jose Bicycle Accident Lawyer
You Followed the Rules of the Road. The Driver Didn't.
Lights, reflectors, a helmet: none of it stops a careless motorist. Our San Jose bicycle accident attorneys prove the driver’s fault, answer the insurer’s excuses, and pursue every dollar you’re owed.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
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Drivers Cause Most Bike Crashes. Insurers Still Blame the Cyclist.
Bikes are how many San Jose residents commute, run errands, get to class, and stay fit. But one look at the size and weight of a car tells you who gets hurt when the two meet. Most bicycle crashes come down to a driver’s carelessness: speeding, running a red light or stop sign, driving drunk or high, failing to yield, changing lanes erratically, or looking at a phone instead of the road.
You may have a bicycle accident claim if:
A driver's carelessness caused the crash, in whole or in part
You were injured, even if you weren't wearing a helmet
The driver fled, or had little or no insurance
The crash happened within roughly the last two years
The driver’s insurer will still look for a reason to put the blame on you: no helmet, a rolling stop, where you were riding. You can still recover even if you share some of the fault, and you don’t have to argue with the insurer yourself. The consultation is free, and you pay nothing unless we win.
What to Do After a Bicycle Accident in San Jose
Get medical attention immediately.
Even a slow-speed fall can mean a concussion or fracture you can’t feel yet.
Talk to the police once you're stable, and make sure the report is accurate.
Your lawyer and the insurer will both rely on it; correct anything that’s wrong.
Never apologize or say you're okay.
Either statement can be used to shift blame to you or play down your injuries.
Exchange information with the driver and every witness.
Names, phone numbers, insurance, and plate numbers.
Photograph your bike, your gear, and the scene.
Don’t repair the bike or toss a cracked helmet; both show the force of the crash.
Call a lawyer before you talk to the driver's insurer.
The sooner we start, the sooner we can lock down the evidence.
How We Build Your Bicycle Accident Case
To recover, you need to show two things: that the driver failed to use reasonable care, and that this failure directly caused the crash. We gather the evidence to prove both, starting right away:
- Retrieving and checking the police report
- Interviewing witnesses, and bringing in expert witnesses when the case needs them
- Applying California and local traffic laws to how the crash happened
- Reviewing your medical records and calculating what you’ll need to be made whole
- Negotiating with the insurer through a documented demand, and filing a lawsuit if negotiations break down
Our clients are more than a number to us. Every case gets a dedicated team, and we push back hard when an insurer tries to turn a missing helmet or a disputed lane position into an excuse not to pay.
Who Pays After a Bike Crash?
The driver's insurance
When a motorist’s carelessness caused the crash, their liability coverage is the first source of compensation for your injuries and losses.
Your own uninsured motorist coverage
If the driver fled or carried too little insurance, your auto policy’s UM/UIM coverage typically follows you on a bike, and a resident relative’s policy may apply as well.
Your medical and financial losses
The costs a bike crash leaves behind.
- Emergency care, treatment, and future medical costs
- Lost wages and lost earning capacity
- Repair or replacement of your bicycle and gear
Your personal losses
Often the largest part of a cyclist’s claim.
- Pain and suffering
- Emotional distress
- The effect of the crash on your relationships with loved ones
California Bicycle Law: What San Jose Cyclists Should Know
You can recover even if you were mostly at fault
California’s pure comparative negligence rule lets an injured cyclist collect compensation even if they were 99 percent responsible; the award is reduced by their share of fault.
Helmets are required for riders under 18
California Vehicle Code Section 21212(a) requires bicyclists and passengers under 18 to wear an approved helmet on any public road or path; the same rule covers roller skates, non-motorized scooters, and skateboards. A violation can bring a fine of up to $25.
No helmet isn't a defense to the driver's negligence
Insurers and defense lawyers may argue a cyclist without a helmet is partly responsible for their injuries. It doesn’t excuse the driver who caused the crash, and we fight those accusations.
Two years to file
You generally have two years from the date of injury to file a lawsuit, and just six months for a claim against a government entity, such as one involving a city vehicle. Call early.
Protect the Value of Your Bike Accident Claim
Cyclists often land hard on the pavement, and the injuries that follow, like fractures, head injuries, and road rash, can take months to heal. Follow your doctor’s plan, go to every therapy appointment, and don’t get back on the bike or back to heavy work until you’re cleared. Gaps in treatment are the first thing the defense will point to.
Three habits protect you:
- Keep an injury journal. Pain, sleep, missed work, and the rides and activities you’ve had to give up.
- Keep the evidence. Your bike, helmet, clothing, and any repair estimates stay as they are until we’ve documented them.
- Send every insurer to us. Adjusters are trained to get cyclists to agree they were “partly to blame” on the record.
We coordinate with your medical providers so billing can wait until your case resolves.
Adjusters offer more when they know a firm can prove its case — and take it to trial. Recent recoveries for our clients:
$275,000
San Jose e-bike crash
Rear-ended cyclist, caught on camera
Past results do not guarantee future outcomes. Every case is different.
See More Case Results →What Our Clients Say
I met with lawyers at other law offices, but after talking to Jimin, I decided to go with her because she was not only smart, honest, but also super caring.…
Annie Y.
Jimin Oh is not only an excellent and professional lawyer but she is also very kind, understanding and easy to talk to. Jimin was very helpful and patient in answering…
Katie J.
I honestly recommend contacting the firm and working with Jimin. She was direct, very efficient, and professional. My case moved fast and to our favor. Jimin and her team were…
Ngan T.
Your San Jose Legal Team
Founding attorney Jimin Oh has handled thousands of auto accident cases and is a member of Million Dollar Trial Lawyers. She built this firm after her own husband was seriously injured in a car accident; she knows what it means when a driver’s mistake changes a family’s life. Injured cyclists get an attorney, case manager, and treatment coordinator on every case, so nothing about your recovery or your claim falls through the cracks. Based at 1253 Park Ave, minutes from the Santa Clara County courthouse.
San Jose Bicycle Accident FAQs
What do I have to prove to win a bicycle accident claim?
That the driver didn’t use reasonable care, and that this failure directly caused the crash and your injuries. The police report, witnesses, photos, and your medical records are the core of that proof.
Can I recover if I was partly at fault?
Yes. Under California’s pure comparative negligence rule, you can recover even if you were mostly responsible; your compensation is reduced by your share of fault.
I wasn't wearing a helmet. Do I still have a case?
Yes. Only riders under 18 are required to wear one, and even then a missing helmet doesn’t excuse the driver who hit you. The insurer may argue it made your injuries worse; we answer that argument with the evidence.
What should I say at the scene?
As little as possible about fault. Share your information, get the driver’s and witnesses’ details, and never apologize or say you’re okay; those words can be used to shift blame or minimize your injuries.
The driver drove off. Can I still recover?
Often, yes. Your own auto policy’s uninsured motorist coverage typically follows you as a cyclist, and a resident relative’s policy may apply. Report the crash to police right away and call us.
What can I recover after a bike crash?
Medical costs, lost wages, pain and suffering, emotional distress, damage to your bicycle and gear, and compensation for how the crash affects your relationships with loved ones.
How long do I have to file?
Generally two years from the date of injury for a lawsuit, and only six months for a claim against a government entity. Evidence fades much faster, so call early.
What does hiring you cost?
Nothing upfront. We don’t make a penny until you get paid.
Get Your Free, Confidential Case Review, 24/7
The driver’s insurer is already building its case that you were to blame. Let’s build yours. Call now or send the form below; 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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