San Jose Bicycle Accident Attorneys
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Our San Jose Bicycle Accident Attorneys Are Committed To Clear And Honest Representation
Our San Jose bicycle accident attorneys provide clear and honest representation for cyclists who have been injured due to the negligence of others. If you ride frequently, you know the risk of a crash is never zero, especially when sharing the road with cars, trucks, and buses.
Cycling in San Jose is a convenient, eco-friendly activity that promotes health and wellness. There are, however, risks associated with sharing the road with motor vehicles. Many bicycle crashes result in serious injuries and, in some cases, fatalities. After an accident, physical pain is often followed by medical bills, missed work, and insurance questions that can feel overwhelming.
Our bicycle accident attorneys can explain your legal options and determine whether you may be eligible to pursue compensation based on your situation. To learn more, contact Arash Law at (888) 488-1391 for a free, no-obligation initial consultation.
How San Jose Bicycle Accident Attorneys Can Help
As cycling grows in popularity in San Jose, the number of bicycle accidents has also increased. To pursue compensation, begin by identifying the cause of the incident. Injury attorneys serving San Jose can provide the legal assistance you need. You can focus on recovery while they handle all the legal paperwork and procedures.
Here’s how bicycle accident lawyers can help:
- Thorough Case Investigation — They aim to thoroughly investigate every detail of your case and explain the legal options available for you.
- Evidence Gathering — They can assist you in gathering essential proof. Their goal is to examine pieces of evidence and use them to support your claim. Lawyers can gather:
- Witness statements
- Police reports
- Medical records
- Other documentation
- Negotiation and Settlement — Skilled attorneys can negotiate on your behalf with insurance companies and other parties.
- Legal Representation — If necessary, lawyers can represent you in court. They can build a well-supported case to help you pursue compensation.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Why Hire Arash Law’s San Jose Bicycle Accident Lawyers
Our bicycle accident lawyers serving San Jose understand the complexities of personal injury cases. That’s why Arash Law offers comprehensive legal services. Beyond legal representation, we provide the following benefits:
- Free Initial Consultation — We offer a free, comprehensive initial case review. We aim to assist you in making informed decisions and help you understand the legal process.
- Broad Knowledge of Cycling Laws — You can depend on our injury lawyers to know how cycling regulations apply to your case.
- Empathetic Approach — We understand the emotional and physical toll a bicycle accident can have on you and your family. We can provide you with tailored legal assistance to meet your specific needs.
- No Fees Unless We Win — Our injury law firm works on a contingency fee basis. You will not be required to pay any legal fees unless we secure compensation through a settlement or award. With our payment structure, you have the chance to pursue compensation without paying any upfront costs.
Your Time Limit For Filing A Lawsuit Involving A Bicycle Accident In San Jose
In California, you generally have two years from the date of the injury to file a lawsuit involving a bicycle accident. This deadline is commonly referred to as the statute of limitations. If you fail to file within this timeframe, you may lose your right to pursue compensation.
Here are the exceptions to this general two-year deadline:
- Government Entities — Government entities can be involved in a bicycle accident claim. This event occurs when an incident is caused by poorly maintained roads or malfunctioning traffic signals. In these cases, you typically must file an administrative claim with the appropriate government agency within six months of the collision.
- Minor Victims — If the injured cyclist is under 18, the statute of limitations is paused until they turn 18. Nevertheless, legal guardians and parents can file a claim on the child’s behalf.
- Delayed Discovery Rule — The deadline for filing begins only when the victim becomes aware of the injury and its cause. This law allows claimants more time to file a claim if they didn’t know about their injuries right after an accident.
It’s crucial to act promptly to protect your rights. To identify which deadlines apply to your case, consult with our San Jose bicycle accident lawyers.
Common Questions Asked About Bicycle Accidents In San Jose, CA
After a bicycle crash, it is common to seek free accident lawyer advice while determining your next steps. Many injured cyclists have questions about their rights, medical bills, and what California law allows them to pursue.
Our bicycle accident attorneys have compiled some of the most frequently asked questions people have after getting injured while riding in San Jose.
How Much Will It Cost To Hire San Jose Bicycle Accident Lawyers Near Me?
The cost of hiring bicycle accident lawyers near you depends on the law firm’s fee structure. Some attorneys charge hourly rates or require upfront retainers, while others use different payment arrangements depending on the type of case.
Many bicycle accident attorneys serving San Jose, including ours at Arash Law, work on a contingency fee basis. Under this arrangement, legal fees are only paid if we win your case or secure a settlement on your behalf. So if you’re curious and asking, “Do lawyers only get paid if they win?” The answer at our injury law firm is yes.
The cost of hiring a lawyer varies depending on the complexity of the case and the legal counsel’s experience. Our team will discuss the details during your initial consultation so you understand the arrangement before moving forward.
How Much Is My Bicycle Injury Claim Worth?
The amount of your bicycle injury claim will depend on several factors, including:
- The severity of your injuries.
- The impact of the injury on your life.
- The degree of fault of the parties involved.
Our knowledgeable San Jose bicycle accident attorneys can help you assess these factors. They can also estimate the potential value of your claim.
Do You Have To Wear A Helmet While Riding A Bike?
In San Jose, CA, all bicycle riders under 18 must wear helmets. This age restriction aims to keep minors safe, as they often don’t have the same judgment and decision-making skills as adults. This law also seeks to prevent young riders from suffering severe head injuries in an accident.
The California Department of Motor Vehicles suggests that cyclists must wear a U.S. Department of Transportation (DOT) compliant motorcycle safety helmet. If an accident happens, these ensure helmets provide sufficient protection. For more information about this provision, speak with a San Jose bicycle accident lawyer.
What Are Some Challenges In Bicycle Accident Cases?
Bicycle accident cases can be challenging to resolve because they often involve disputes over liability, resistance from insurance companies, and questions about the severity of the injuries. Even when a cyclist is seriously injured, several issues can complicate the claims process and affect how compensation is determined.
Common challenges include:
- Insurance Complications — Insurers often try to lower payouts or deny claims, making negotiations challenging. Lawyers can help you deal with these challenges and advocate for fair compensation on your behalf.
- Shared Fault — Shared responsibility can complicate your case. The cyclist and the motorist might both be liable for the accident. In this case, your potential compensation is reduced by your level of fault.
- Bias Against Cyclists — Adjusters and juries may assume you are at fault as the cyclist. This can lead to conflicts over liability. This situation makes it challenging for you to claim damages.
- Proving Damages — You need strong evidence to assess non-economic damages. Providing proof is crucial for a fair settlement that demonstrates the impact of the accident on your life.
Since these challenges can significantly impact the outcome of a claim, many injured riders opt to consult with a San Jose bicycle accident lawyer to gain a better understanding of their legal options and the steps available to them.
What Are Bicycle Safety Tips To Always Remember When You Ride Your Bike In California?
The same traffic laws apply to bicyclists as they do to motorists in California. When turning, use hand signals, stop at red lights, and yield to pedestrians at all times. Bicyclists should also wear helmets. During a ride, it’s crucial to stay visible and avoid distractions.
- Boost Your Visibility — Wear bright-colored clothes. You can also use lights and add reflectors to your bike. You may need these at night or under low-visibility conditions. These actions decrease the risk of accidents.
- Stay in Bike Lanes — Always use designated bike lanes when available. These lanes provide a safe space for cyclists. It helps reduce the risk of accidents.
- Watch for Pedestrians — Always be alert for pedestrians. This caution is crucial when you’re on a shared path or near a crosswalk. Pedestrians may not always see or hear you approaching. Slow down or stop if necessary.
- Use Hand Signals — Use proper hand signals when turning or changing lanes to alert drivers and pedestrians. This action helps prevent accidents due to miscommunication. Always obey traffic signs and signals to ensure a safe flow of traffic.
If you have questions about traffic laws for cyclists, a San Jose bicycle accident attorney can help. They can explain how California traffic laws may apply to their situation, assess potential liability, and outline the available legal options based on the specific facts of the case.
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Determining Liability In A Bicycle Accident Claim
To pursue compensation after a bicycle accident, you need to establish negligence. To do so, you need to prove these four elements:
- Duty of Care — Drivers have a legal obligation to drive safely and exercise due care and caution. This duty includes obeying traffic laws and taking appropriate precautions to avoid causing harm to others on the road, including cyclists and pedestrians.
- Breach of Duty of Care — A breach occurs when a driver fails to act with reasonable care. Examples of this breach include speeding or distracted driving, or failing to yield.
- Causation — The driver’s breach of duty directly caused the accident, resulting in the claimant’s injury.
- Damages — The cyclist suffered injuries or damage in the collision. These losses may include medical expenses, lost wages, property damage, or other measurable losses.
Since liability can depend on how these elements apply to the facts of a case, bicycle accident attorneys serving San Jose can review the circumstances of a crash and explain how negligence is typically evaluated under California law.
Types Of Compensation You May Pursue
The amount of compensation you can pursue will depend on the severity of the injuries you suffer. Here is a list of damages that our San Jose personal injury attorneys can help you seek:
- Economic Damages — These are damages that are quantifiable in monetary terms. The purpose of these damages is to compensate individuals for financial losses caused by an accident. Examples include:
- Expenses related to emergency care, surgery, hospitalization, rehabilitation, and ongoing care.
- Compensation for time lost at work due to recovery and reduced earning potential.
- Costs of repairing or replacing your bicycle and other damaged personal property.
- Non-Economic Damages — These are damages that are not easily quantifiable. They aim to compensate for the intangible effects of an injury or accident on a person’s quality of life. Among them are:
- Pain and suffering your injury has caused you.
- Loss of enjoyment of life due to being unable to participate in activities you once enjoyed.
- Harm to relationships with a spouse or partner, such as loss of companionship or intimacy.
- Punitive Damages — Punitive damages may be awarded in rare cases involving intentional misconduct or especially reckless conduct. Their purpose is to punish the wrongdoer and discourage similar behavior in the future.
Common Bicycle Accident Injuries
In bicycle crashes, victims often suffer from serious injuries because they have little to no protection. Here are the common injuries sustained by cyclists in a collision:
- Concussions or severe brain injuries.
- Facial injuries, such as broken teeth and jaw.
- Spinal cord injuries that cause paralysis.
- Broken bones in the arms, legs, and ribs.
- Sprains, strains, and ligament tears.
- Internal bleeding or damage to vital organs.
- Road rash, abrasions, infections, and scarring.
Medical care for these injuries can be extensive and costly. It can involve surgery, rehabilitation, chiropractic care, or long-term therapy. San Jose bicycle accident lawyers can help you pursue fair compensation for these losses.
Common Causes Of Bicycle Accidents In San Jose
Cyclists can avoid accidents by following safety tips. You can also minimize your risk of injury by understanding the most common causes of these incidents. Here are a few:
- Reckless Driving — Driving aggressively, such as tailgating, can lead to dangerous situations. These actions raise the risk of accidents and greatly endanger cyclists’ safety.
- Failure to Yield the Right of Way — When drivers don’t give way to cyclists at intersections or crosswalks, crashes can happen. It often occurs when drivers misjudge the speed of cyclists or fail to see them.
- Dangerous Road Conditions — Poorly maintained roads, potholes, oil spills, and inadequate signage can pose a significant threat to bikers. These hazards can cause cyclists to lose control of their bikes, leading to serious injuries.
- Defective Parts — Problems with bicycle components such as brakes, gears, chains, or wheels can affect control and stability. When a part fails or malfunctions, it may contribute to a crash.
- Running Red Lights and Stop Signs — Drivers who ignore traffic signals or stop signs can place cyclists at serious risk, especially at intersections where collisions often result in severe injuries.
When a bicycle crash involves any of these conditions, determining what went wrong and who may be responsible can be a challenging task. San Jose bicycle accident attorneys can evaluate how the collision occurred, identify contributing factors, and explain the legal options available based on the circumstances of your case.
Steps To Take After A Bicycle Accident In San Jose
Bicycle accidents can result in serious injuries. Knowing what to do immediately after an incident can help you manage this challenging process effectively. Here are the general steps you can take:
- Get a Full Medical Assessment — After the crash, seek medical help right away, even if you feel fine. Some injuries may not exhibit symptoms immediately. It’s also important to document your injuries for your compensation claim.
- Gather Key Evidence — Take photos of the accident scene, any damage to your bicycle & other personal property, and your injuries. Additionally, collect contact information from witnesses. This evidence can be crucial in insurance claims.
- Document Your Damages — Keep a clear record of your medical bills and lost wages. This documentation is vital in supporting your claim.
- Notify Your Insurance Company — Report the incident to your insurer as soon as possible. This action provides an additional layer of protection. It may also be useful if the at-fault party’s insurance is limited or unavailable.
- Consult San Jose Bicycle Accident Attorneys — They can provide legal guidance and help you understand your rights. They can collect additional evidence and speak with insurance companies on your behalf.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Bicycle Accident Statistics Nationwide And In California
Cycling is popular for commuting, exercise, and leisure across the state. Bicyclists, however, are more vulnerable in the case of an accident. They are more likely to be hurt or killed in a crash with a motor vehicle. Distracted driving, speeding, and failure to yield are among the primary causes of these accidents. In 2022, a total of 177 bicyclists died in motor vehicle traffic crashes in California.
While riding a bicycle on California roadways, cyclists are required to follow the California Vehicle Code. Bicyclists are free to ride in travel lanes unless specifically prohibited. When bicyclists or drivers overlook safety hazards and traffic rules, accidents and injuries occur. The CDC reported that there are approximately 120,000 annual emergency department visits of bicyclists due to non-fatal crash-related injuries.
If you get injured in such a collision, San Jose bicycle accident attorneys can guide you on your next steps. They can assist with the legal process and help you pursue compensation for your medical bills and lost income.
Contact Our San Jose Bicycle Accident Attorneys
If you or a loved one suffered injuries while riding a bicycle, it’s normal to ask, “Do I need a personal injury lawyer to file a claim?” While you can file a case on your own, an experienced attorney can help you understand the process.
At Arash Law, our San Jose bicycle accident attorneys represent injured cyclists and other crash victims throughout California. In addition to bicycle and pedestrian cases, our team includes car accident lawyers who also handle collision cases involving trucks and rideshare services, such as Uber and Lyft. Additionally, we represent clients in slip-and-fall, hit-and-run, DUI, dog bite, and wrongful death cases.
Our attorneys serving San Jose also assist clients in surrounding areas, including Santa Clara, Campbell, East Foothills, Milpitas, Cupertino, Los Gatos, Sunnyvale, Saratoga, Mountain View, Los Altos, and many more. We represent injury victims regardless of immigration status, and initial consultations are available at no cost. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form to discuss your situation and explore your legal options.
