San Jose Bicycle Accident Lawyers

What Compensation is Available After a Bicycle Accident in San Jose?

If you’re injured in a bicycle accident in San Jose, you might be entitled to various forms of compensation.  Our San Jose bicycle accident attorneys can assist you in pursuing the following:

• Medical Expenses:  This covers costs like emergency care, hospital stays, surgeries, medications, and physical therapy.
• Lost Wages:  If your injuries prevent you from working, you can claim compensation for the income you’ve lost.
• Property Damage:  This includes repair or replacement costs for your bicycle and any other personal items damaged in the accident.
• Pain and Suffering:  This compensates for physical pain and emotional distress resulting from the accident.
• Reduced Earning Potential:  If your injuries lead to long-term or permanent disability affecting your ability to work, you may receive compensation for future lost income.
• Punitive Damages:  In cases where the at-fault party’s behavior was especially reckless, additional damages might be awarded to discourage similar actions in the future.

Each bicycle accident case is unique. Consulting with a knowledgeable San Jose bicycle accident lawyer can help you understand your options and work towards securing the compensation you deserve.

Get a Free Case Review From a San Jose Bicycle Accident Lawyer

At Thompson Law, we understand the physical, emotional, and financial toll a bicycle accident can take. That’s why we offer our legal services on a contingency fee basis, meaning you pay no upfront costs. We only receive payment if we successfully secure a settlement or verdict on your behalf. If we don’t recover compensation for your bicycle accident, you owe us nothing.

Our dedicated team is available 24/7 to provide legal advice and support following a bike accident. You can even sign up with one of our attorneys over the phone, ensuring that insurance companies don’t undermine your right to fair compensation. We also have a bilingual staff fluent in Spanish and English, ready to assist you in navigating the legal process and getting back on your feet after your cycling accident.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Jose bicycle accident lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

Who Can Be Held Liable in a Bicycle Accident?

Determining who’s at fault in a bicycle accident depends on the situation. Possible responsible parties include:

• Motor Vehicle Drivers:  If a driver was distracted, speeding, or didn’t yield to a cyclist, they might be at fault.
• Employers of Drivers:  If the driver was working at the time, their employer could share responsibility.
• Government Entities:  If poor road conditions or faulty traffic signals contributed to the accident, the city or state might be liable.
• Pedestrians:  A pedestrian stepping into a cyclist’s path unexpectedly could be at fault.
• Other Cyclists:  If another cyclist’s reckless behavior caused the crash, they might be responsible.
• Construction Companies or Contractors:  If construction work created unsafe conditions, such as debris or unmarked hazards, these parties might be liable.

Figuring out responsibility can be complex. Gathering evidence, talking to witnesses, and consulting experts are crucial steps. Our experienced San Jose bicycle accident lawyers can help identify all responsible parties and hold them accountable.

What to Do After a Bicycle Accident in San Jose

Taking the right steps after a bicycle accident can protect your health and legal rights. Here’s what you should do:

1. Check for Injuries and Call 911:  Assess yourself and others for injuries. If medical attention is needed, call 911 immediately.
2. Move to Safety:  If possible, relocate to a safe area away from traffic, but do not leave the scene.
3. Contact Law Enforcement: Report the accident to the police and request an official report.
4. Exchange Information:  Obtain the driver’s name, license plate number, insurance details, and phone number.
5. Document the Scene:  Take photos of the accident scene, including your bicycle, involved vehicles, injuries, and road conditions.
6. Gather Witness Information:  Collect names and contact details of any witnesses, as their statements can support your claim.
7. Seek Medical Attention:  Even if injuries seem minor, consult a healthcare professional, as some symptoms may appear later.
8. Avoid Speaking to Insurance Adjusters:  Do not discuss the accident or accept settlements without consulting an attorney.
9. Contact Our San Jose Bicycle Accident Lawyers:  We can review your case and protect your rights.

When you make a quick, yet careful action, it makes a huge difference in your recovery and the success of your claim.

San Jose Bicycle Accident Statistics

Bicycling is a popular mode of transportation and recreation in San Jose, but cyclists face considerable risks on the roads. Between 2011 and 2021, San Jose reported 2,803 bicycle crashes, leading to 38 fatalities and 2,752 injuries.

Urban areas accounted for the majority of these incidents, with downtown San Jose and the vicinity of San Jose State University identified as particularly hazardous. This area experienced 97 crashes, resulting in 92 injuries and one death during the same period.

Common factors contributing to bicycle accidents in San Jose include unsafe speeds, improper turning, and failure to yield the right-of-way. Male cyclists, especially those aged 55-64, were disproportionately affected. Fridays between 9 p.m. and midnight saw the highest number of fatal crashes, while Saturday afternoons were peak times for serious injuries.

Improving safety measures, such as enhancing infrastructure, promoting helmet use, and increasing public education, is needed to reduce these incidents.

Biking Laws and Guidelines in San Jose

Cyclists in San Jose have the same rights and responsibilities as motorists and must follow traffic laws to ensure safety. Each year, over 100 bicyclists are killed, and more than 10,000 are injured in collisions statewide.

Here are important biking laws and safety tips to help reduce these risks:

Key Biking Laws

• Right to the Road:  Cyclists can ride in traffic lanes unless prohibited. They should stay as far to the right as practical unless overtaking, turning, or avoiding hazards. On one-way streets with multiple lanes, cyclists may ride near the left curb.
• Bicycle Lanes:  When available, cyclists must use bike lanes but can leave them to turn, pass, or avoid hazards. Bright green lanes are treated the same as standard bike lanes.
• Helmet Requirements:  Riders under 18 must wear a properly fitted helmet.
• Night Riding:  Bicycles must have a front white light visible from 300 feet, a rear red reflector or light visible from 500 feet, and side reflectors. Avoid wearing dark clothing.
• Signaling:  Cyclists must signal turns and stops using hand signals.
• Passing Rules:  Motorists must leave at least 3 feet when overtaking a cyclist. Cyclists should also exercise caution when passing vehicles.
• Prohibitions:  Cyclists cannot ride under the influence, carry more passengers than the bike is designed for, or operate a bike without functional brakes.

Safety Guidelines

• Stay Visible and Alert:  Always use lights and wear bright or reflective clothing, especially during early mornings, evenings, or cloudy days.
• Control Your Bicycle:  Ensure your bike fits you well and is in good working condition. Regularly check the brakes, tires, and chains.
• Follow Traffic Laws:  Obey all traffic signals and signs, just as cars do. This includes stopping at red lights and stop signs. If you approach a yellow light and aren’t sure you can cross before it turns red, it’s safer to stop.
• Avoid Hazards:  Watch out for road dangers like potholes, gravel, or parked car doors opening unexpectedly. Keeping a safe distance from parked cars can help prevent “dooring” accidents.
• Ride Defensively:  Always be prepared for sudden moves from vehicles.

Most Common Causes of Bicycle Accidents in San Jose

Being aware of the causes of bicycle accidents can help cyclists make safer decisions and avoid potential crashes, even when drivers are at fault. A lot of bicycle accidents are the result of negligent or distracted driving. Here are some typical scenarios:

• Right Hook Accidents:  This happens when a car turns right and hits a cyclist going straight. For example, a driver might not see a cyclist on their right side and turn directly into them.
• Left Cross Accidents:  These occur when a vehicle turning left collides with a cyclist coming from the opposite direction. A driver might misjudge the cyclist’s speed and turn in front of them, causing a crash.
• Dooring Accidents:  This involves a parked car’s door opening into a cyclist’s path. To reduce this risk, try to ride at least three feet away from parked cars.
• Drunk Driving Accidents:  Drivers under the influence have slower reactions and might not notice cyclists. Nationwide, alcohol plays a role in about 10% of traffic-related cyclist deaths.
• Distracted Driving:  Drivers using phones or other distractions may not see cyclists. This is especially dangerous at intersections or on busy roads.

By being aware of these situations, you can take steps to protect yourself while riding your bike in San Jose.

Where Do Most Accidents Involving Bicycles Occur in San Jose?

Bicycle accidents in San Jose often happen in busy urban areas. Between 2011 and 2021, the city saw 2,803 bike crashes, leading to 38 deaths and 2,752 injuries. Downtown San Jose and areas around San Jose State University are particularly risky, with 97 crashes resulting in 92 injuries and one death during that period. High-traffic streets like South Market Street and East Santa Clara Street are common sites for these accidents. Understanding these hotspots can help you plan safer routes.

San Jose and Its Bicycle Helmet Laws and Statistics

In San Jose, helmet use is governed by California state law, which mandates that all cyclists under the age of 18 wear a helmet while riding on public roads, bike paths, or trails. This law aims to protect young riders from head injuries, which are often severe and life-threatening. For adults aged 18 and over, there is no legal requirement to wear a helmet; however, it is strongly recommended as a critical safety measure. Wearing a properly fitted helmet can significantly reduce the risk of head injuries in the event of an accident.

Despite the known safety benefits, helmet usage among adults in San Jose remains relatively low. Approximately 35% of adult cyclists consistently wear helmets, reflecting a significant gap in safety practices between age groups. Encouraging widespread helmet use, regardless of age, is essential for enhancing cyclist safety on San Jose’s busy streets.

Helmet Use and Public Health

Helmets help protect cyclists from head injuries, but focusing only on helmet mandates does not necessarily make cycling safer or more accessible for everyone.

Encouraging more people to cycle has broader health benefits, including lower rates of obesity, heart disease, and diabetes. Studies have found that regular cyclists, even those who don’t wear helmets, have lower overall mortality rates than people who do not bike at all.

FAQs About San Jose Bicycle Accidents

What should I do if the driver who hit me fled the scene?

If you’re involved in a hit-and-run bicycle accident, immediately call the police to file a report. Try to gather as much information as possible about the vehicle or driver, such as the make, model, color, or license plate number. Seek medical attention promptly, even if injuries seem minor. Consult with our San Jose bicycle accident lawyers to explore options like uninsured motorist coverage or other avenues for compensation.

Can I file a claim if I was injured while riding a rental or shared bike?

Yes, you can file a claim if you were injured while using a rental or shared bike, such as those from bike-share programs. Liability will depend on the specifics of the accident, including whether the bike was defective or if another party was at fault. Our lawyers can help determine who is responsible and pursue compensation on your behalf.

What if the accident happened because of poor road conditions?

If your accident was caused by hazards like potholes, uneven pavement, or debris, the government agency responsible for maintaining the road may be held liable. These cases usually involve specific filing deadlines and procedures, so it’s crucial to contact a lawyer immediately to protect your rights.

Can I still recover compensation if I wasn’t wearing a helmet at the time of the accident?

Yes, you may still recover compensation even if you weren’t wearing a helmet. In San Jose, only cyclists under 18 are legally required to wear helmets. However, not wearing a helmet could affect your case, especially

What if my accident was caused by a malfunction or defect in my bicycle?

If your accident happened because of a defective bike or a faulty component, you may be able to hold the manufacturer, distributor, or retailer responsible. Product liability cases can involve defects in design, manufacturing errors, or failure to provide proper safety warnings.