Bicycle Accident Lawyer in San Jose
Defending the Rights of Bike Accident Victims in the Bay Area
The last thing on your mind when you start out on a bike ride is the possibility that you could get hit by a car. However, bike accidents can happen, especially when you regularly pedal to work, school, stores and around the neighborhood.
If you were injured in a bicycle accident in the Bay Area, talk with our San Jose bicycle injury lawyer from Needham Kepner & Fish LLP. You may have a valid claim for compensation. During a free, no-obligation consultation, we discuss your situation and help you review your legal options.
How We Handle Bike Accident Claims in the Bay Area
At Needham Kepner & Fish LLP, our San Jose bicycle accident attorneys regularly represent cyclists who have been hit by cars, trucks, or motorcycles. We are avid riders ourselves and know the unique challenges cyclists face and how to investigate these incidents. Whether your accident happened near the Gudalipe River Trail, on the way to work, or near home, our dedicated team can guide you.
Even in cases where the motorist can be shown to be at fault for the accident, obtaining a fair amount of compensation for your injuries may be a challenge. Insurance companies often pressure accident victims to accept settlement offers that are much lower than what they truly deserve.
Types of Compensation You Can Receive After a Bike Accident
California law provides different types of compensation based on the circumstances and your injuries.
You may be entitled to:
- Medical Expenses: This covers hospital bills, surgeries, medication, physical therapy, and future medical treatment resulting from your injuries.
- Lost Wages: If you cannot work due to your injuries, you may be able to recover lost income and future earnings if your injuries lead to lasting disabilities.
- Pain and Suffering: Bicycle accident victims may be eligible for compensation related to physical pain, emotional distress, and suffering from the accident.
- Property Damage: If your bike or other property was damaged in the wreck, you may qualify for reimbursement or compensation for repairs or replacement.
- Rehabilitation and Assistive Devices: If you need long-term care, rehabilitation, or assistive devices such as wheelchairs or home modifications, these costs may be included in your compensation.
- Loss of Consortium: If your injuries affect your relationship with your spouse or partner, they may be entitled to compensation for the loss of companionship, affection, and intimacy.
What Is the Statute of Limitations for Bicycle Accidents in California?
The statute of limitations is the deadline for filing a legal claim. Each state sets its own deadlines for different case types. In California, the statute of limitations for personal injury cases, including bicycle accidents, is typically two years.
This means you generally have two years from the date of a bicycle accident in California to file a personal injury lawsuit. If you wait too long and miss this window, you may lose your opportunity to seek compensation through the court system.
What Are Common Causes of Bicycle Accidents?
Cyclists can use these bicycle safety tips to reduce the risk of a crash. However, negligent motorists remain one of the main causes of accidents, and cyclists cannot always control others’ actions.
The following are some of the most common conditions causing bike accidents:
- Negligent drivers: Accidents most often result from driver negligence, such as failing to yield, misjudging distance, not signaling, using a cell phone, or driving under the influence. Drivers may blame cyclists, but careful investigation uncovers the real causes.
- Defective parts: Our attorneys investigate if a defective part, such as a brake or wheel, contributed to your bicycle accident. Keep as many damaged bicycle parts as possible, and do not repair your bike before review. Our cycling background and understanding of product liability help us detect and address defective equipment issues.
- Dangerous road conditions: Potholes, oil spills, poor maintenance, and missing signs pose bigger dangers to bikes than to cars. If a police report overlooks unsafe road conditions or wrongly blames a cyclist, we investigate the scene to uncover other contributing factors.
Our San Jose bicycle accident attorneys conduct independent investigations into every case. If you suffered injuries because of a negligent motorist, you may qualify for multiple types of compensation, such as payment for medical bills, lost wages, and pain and suffering.
Bicycle Accidents Involving Trucks & Tractor Trailers
Bicycle accidents involving vehicles pulling trailers can lead to severe injuries, including neck and shoulder fractures. These can have a lasting impact on the victim’s quality of life. As a personal injury law firm serving clients in San Jose, we understand the complex challenges associated with these cases.
When a bicycle collides with a vehicle pulling a trailer, sorting out liability can be complicated. These crashes may happen because drivers do not check blind spots, change lanes incorrectly, or fail to maintain the trailer. Maneuvering a trailer is more difficult than driving a car, making cyclists especially vulnerable in traffic.
Fractures to the neck and shoulders may require surgery, physical therapy, and long recovery periods. Injured cyclists face steep medical bills, lost income if they cannot work, and periods of pain and limited mobility.
Consider reaching out for legal representation if you or a loved one has suffered a neck or shoulder fracture in a bicycle accident with a trailer. We can help support you during this difficult time and guide you as you seek fair compensation under California law.
Common Bike Accident Injuries
If you have been in a bicycle accident in San Jose, seek immediate medical attention. Then, reach out to a San Jose bicycle accident lawyer for guidance. Injuries may not always show symptoms at first, so a medical check is important for your recovery and your claim.
Some of the most severe cycling injuries include:
- Traumatic Brain Injury (TBI): Even a low-speed crash can result in a TBI. Symptoms may include problems with movement, thinking, or sudden emotional changes.
- Broken Bones: Bone fractures can take months to heal. Ribs, hands, legs, arms, and the skull are common areas injured in a bike accident.
- Blunt Force Trauma: Blunt trauma can damage organs including the spleen, lungs, and liver. In the worst cases, this may cause paralysis and require a lifetime of care.
What Is the Bicycle Accident Case Process?
Bicycle accident claims can be complex, but knowing each step helps you protect your rights and seek compensation.
Here is what to expect:
- Seek Immediate Medical Attention: Always get checked by a healthcare provider after an accident, and save records to support your claim.
- Gather Evidence: Take photos, get names and contact information, and document accident details as soon as possible.
- Contact the Authorities: Call police if the crash is serious. A police report serves as key evidence. Request a copy for your records.
- Notify Your Insurance Company: Report the accident to your insurance as soon as possible, even if you believe you are not at fault.
- Consult an Attorney: If serious injuries are involved or you suspect someone else’s negligence, consult a bicycle accident attorney in San Jose for legal guidance about your claim.
- Establish Liability: Work to show how another person’s carelessness led to your injuries. Legal support is helpful in assessing fault and presenting your case.
- Document Your Damages: Save every bill and pay stub associated with your accident. This information is necessary to calculate losses.
- Negotiation and Settlement: Your attorney works to reach a fair settlement with the other side’s insurance company. If that fails, legal action may be needed.
- Litigation: Some cases require filing a lawsuit. Legal proceedings can take time but may be necessary.
- Trial: If the case proceeds to trial, a judge or jury will decide final compensation awarded based on the evidence.
Suffered a Cycling Accident? Call an Experienced San Jose Bicycle Injury Lawyer Now
At Needham, Kepner & Fish LLP, we have years of experience obtaining compensation on behalf of individuals who suffered injuries resulting from bike accidents in San Jose caused by negligent drivers. By contacting our law firm, you can obtain a free consultation, during which we will evaluate your case. Remember that you have a limited amount of time to file a claim after an accident happens. Protect your legal rights by contacting our team of experienced bicycle accident attorneys today.
To schedule a free consultation with a San Jose bicycle injury lawyer, contact Needham Kepner & Fish LLP or call (408) 716-1668.
We handle injury cases on a contingent fee basis, which means that you pay us nothing unless you recover compensation. For more information on bike accidents in the Bay Area, visit our page on frequently asked questions about bicycle accidents.
Frequently Asked Questions
Can I receive compensation if I'm partially responsible?
California follows a pure comparative negligence system, meaning you can recover damages even if partially at fault. Your compensation will be reduced by your fault percentage. For example, if you're 45% at fault in a $100,000 claim, you'd receive $55,000.
What to do after a bicycle accident?
How long does a bicycle accident claim usually take to resolve?
The length of time varies based on the complexity of the case and settlement discussions. Some claims settle within months, while others take longer if there are disputed facts or if the case goes to litigation.
