San Jose Bicycle Accident Lawyer

Bike riding is an excellent way to get exercise and enjoy the sunny California weather, but it is also an efficient form of transportation for personal and work reasons. Due to the popularity of this outdoor activity, it is not surprising to learn that bicycle accidents are common. San Jose has the dubious distinction as home to more dangerous bicycling spots than any other city in Santa Clara County. Crashes and severe injuries, even death, have occurred around San Jose State University, South Market, and San Fernando streets. One look at the size and weight of the vehicles tells you that the person on the bicycle is far more likely to be the victim.

You may follow all traffic rules, equip your bike with lights and reflectors, and wear a helmet, but you cannot account for negligent motorists. If you were injured in a crash on a local road because a motorist was careless, do not hesitate to contact a seasoned San Jose bicycle accident lawyer. You can trust our dedicated injury attorneys at the Solution Now Law Firm to pursue all available remedies for recovering compensation.

Driver Error is Behind Most Bike Collisions

Motorist carelessness is the most common cause of bicycle accidents in California, such as:

• Speeding;
• Running red lights and stop signs;
• Drunk or drugged driving;
• Failure to yield to a bicyclist;
• Erratic lane changes;
• Texting, talking on the phone, or other types of distracted driving; and,
• Many other careless acts.

Regardless of the specific causes of a bike collision, you need to prove certain facts to be entitled to monetary damages as a victim. You must be able to show that the motorist did not use reasonable care when driving, and this breach of duty was the direct cause of the accident. Our San Jose bike accident attorneys at the Solution Now Law Firm will conduct a thorough investigation and gather sufficient evidence to establish your rights to compensation. 

Steps to Take After a Bike Accident

Cyclists hurt in accidents should seek medical attention immediately. When stable, as soon as possible after the crash, speak with law enforcement handling the accident. A personal injury attorney will rely on the police report, so make sure it is accurate.

If witnesses are available, exchange contact information with them and the motorist involved in the crash. Never apologize or claim to be okay, as these are statements that a defendant could try to use to diminish one’s injuries and losses.

Do Not Delay in Contacting a Legal Professional

It is best to get in touch with a bike crash lawyer in San Jose as soon as possible after a bike wreck. An attorney could:

• Retrieve and assess the police report
• Review and apply state and local statutes and case law
• Interview witnesses and select expert witnesses if necessary
• Review medical records and calculate the amount an injured plaintiff will need to be whole again
• Negotiate with insurance companies, including demand letters, or file a lawsuit if negotiations break down

A lawyer could also work to pursue compensation for medical costs incurred, lost wages, pain and suffering, emotional distress, and damages based upon how the crash affects relationships with loved ones.

What if the Injured Bicyclist is Partly to Blame for the Accident?

It is important to understand that an injured bicyclist can be found to be partially at fault for the accident that led to their losses. Fortunately, California’s pure comparative negligence law allows bicyclists to collect some compensation even if they were 99 percent responsible for the accident.

These principles can come into play in situations where bicyclists act irresponsibly or break the law. According to the California Vehicle Code Article 4, Section21212a, all bicyclists and their passengers under 18 must wear an authorized helmet when cycling on any public road or path. This law also applies to roller skates, non-motorized scooters, and skateboards. Violating helmet laws can lead to a fine of up to $25. Insurance companies and opposing counsel might also try to claim bicyclists are at least partially responsible for injuries if they were not wearing helmets, so it is crucial to work with a San Jose accident attorney who has experience handling and fighting back against accusations like these.

Reach Out to a San Jose Bicycle Accident Attorney Today

To learn more about your rights as the victim of a bike collision, please contact the Solution Now Law Firm right away. Our experienced San Jose bicycle accident lawyers could negotiate with the motorist’s insurer or sue if the settlement offered is insufficient. Our clients are more than a number to us, and we assign a group of experts to every case to ensure that you get the compensation you need and deserve.

We do not make a penny until you get paid, so call today and set up your free initial consultation. After reviewing your circumstances, we can advise you on your legal options.