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 have been injured in a bike accident in the Bay Area, speak with a San Jose bicycle injury lawyer from Needham Kepner & Fish LLP. You may have a viable claim to recover compensation for your damages. During a free, no-obligation consultation, we can discuss your unique situation and help you understand your potential legal options.

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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 bike riders ourselves, so we understand the unique challenges of cycling and how to investigate bicycle accidents.

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.

Get the Compensation You Need After a Serious Bike Injury

The rise in the popularity of cycling has caused an ever increasing demand for safer streets and bike lanes.

Regrettably, it has also caused an increase in bicycle accidents. The unprotected nature of bicycles makes riders especially susceptible to serious injuries and wrongful death, including traumatic brain injuries, spinal cord injuries and broken bones in the event of an accident.

These injuries can cost millions of dollars over a lifetime. California bicycle laws establish that cyclists have the same rights to the road as other motorists. If a motorist’s negligence caused your bike accident injuries, then you may be entitled to compensation for your damages.

By performing a thorough investigation, our San Jose bicycle accident attorneys uncover the real causes of your accident so you get the recovery you deserve.

Types of Compensation

In California, compensation available for bicycle accident claims can vary depending on the specific circumstances of the accident and the resulting injuries.

• Medical Expenses: You may be entitled to compensation for the medical costs associated with your injuries, including hospital bills, surgeries, medication, physical therapy, and ongoing medical treatment.
• Lost Wages: If your injuries prevent you from working, you may be able to recover compensation for the wages you have lost and any future income you may lose due to ongoing disabilities.
• Pain and Suffering: Bicycle accident victims may be eligible to seek compensation for physical pain, emotional distress, and suffering resulting from the accident and their injuries.
• Property Damage: If your bicycle or other personal property was damaged in the accident, you may be entitled to reimbursement or compensation for the repair or replacement costs.
• Rehabilitation and Assistive Devices: In cases where the accident results in long-term or permanent disabilities, compensation may be available for rehabilitation services, assistive devices (such as wheelchairs or prosthetics), and modifications to your home or vehicle to accommodate your new needs.
• Loss of Consortium: If your injuries have affected your relationship with your spouse or partner, they may be entitled to compensation for the loss of companionship, affection, and intimacy.

Statute of Limitations for Bicycle Accidents in CA

The statute of limitations refers to the time limit within which a legal claim must be filed. The specific time limits can vary depending on the type of claim and the state where the accident occurred. In California, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years.

This means that if you were involved in a bicycle accident in California, you typically have two years from the date of the accident to file a personal injury lawsuit. If you fail to file the lawsuit within this time frame, you may lose your right to seek compensation for your injuries through the court system.

What Are Common Causes of Bicycle Accidents?

Cyclists can follow bicycle safety tips to protect themselves against accidents. Unfortunately, cyclists cannot always protect themselves, especially when negligent motorists are involved.

Understanding the most common causes of crashes can help you minimize your risk of injury. Some common conditions that can cause bike accidents include:

• Negligent drivers. A car accident with a bicyclist most often results from driver negligence. A motorist may fail to yield, misjudge the distance between the car and the bicycle, fail to signal before changing lanes, be distracted by a cell phone, or drive under the influence of drugs or alcohol. Although motorists often blame the cyclist, our investigation will reveal the actual cause or causes of your accident.
• Defective parts. Our San Jose bike accident lawyers can investigate to determine whether defective parts, such as a gear, brake or wheel, caused or contributed to your bicycle accident. After a crash, it is important to keep as many of the parts of the bicycle as possible – but do not repair your ride. Since we are cyclists ourselves and understand bicycle engineering, we can inspect parts and spot defects. If our investigation reveals that the defective part caused your accident, we then draw on our extensive experience with product liability to seek compensation from the manufacturer and/or retailer of the bicycle and/or the defective part.
• Dangerous road conditions. Potholes, oil spills, poorly maintained roads, and inadequate or obstructed signage can pose a greater danger to bikes than other vehicles. Even if the police report fails to mention any dangerous road conditions or cites the bicyclist as the cause of the incident, we will investigate the scene to uncover anything that might have contributed to your accident.

Our San Jose bike accident attorneys are able to independently investigate the cause of an accident. If you were injured in a bike accident that was caused by a negligent motorist, you may be entitled to various forms of compensation for your injuries. This may include compensation for medical bills, time spent off work, as well as pain and suffering.

What Are Common Bike Accident Injuries?

Do you know what to do after a bike accident? After any bicycling accident in the Bay Area, you should first seek medical attention. Afterward, we recommend that you contact a San Jose bicycle accident lawyers. If you have already been the victim of an accident while biking but are not sure if you sustained an injury, then you should speak to a doctor as soon as possible. Even if you feel fine, a medical check can help identify injuries that might otherwise take days to develop.

Some of the most serious cycling injuries include:

• TBI. Traumatic brain injuries (TBIs) can happen from even a low-speed collision. Signs that you or someone you know may have sustained a TBI include physical or behavioral impairment. Sudden emotional changes are also common.
• Broken Bones. When a bone breaks, it may take months to heal. This can cause you to lose time at work and may also limit your mobility. Common broken bones from a bicycle accident are ribs, hands, legs, arms and skull.
• Blunt Force Trauma. Cyclists are tough, so you might think you did not sustain any injuries immediately after an accident. However, just because there is no blood your bike does not mean that you were not injured. Blunt for trauma could cause damage to your spleen, lungs, liver or other organs. In the worst cases, bicycle accident victims suffer from paralysis, requiring lifetime care.

Bicycle Accident Case Process

When accidents happen on the road, especially involving bicycles, the consequences can be severe. Personal injury claims are essential for individuals seeking compensation for injuries sustained in bicycle accidents. This process can be complex, but understanding the key steps can help you navigate it effectively.

• Seek Immediate Medical Attention: The first and most critical step after a bicycle accident is to seek immediate medical attention, even if your injuries seem minor. Your health should be your top priority, and documenting your injuries will be crucial for your claim.
• Gather Evidence: After the accident, gather as much evidence as possible. This may include taking photos of the accident scene, collecting contact information from witnesses, and documenting the details of the incident, such as the time, date, and weather conditions.
• Contact the Authorities: If the accident is severe, call the police to the scene. A police report can be a valuable piece of evidence for your claim, as it provides an official account of the incident. Request a copy of the report for your records.
• Notify Your Insurance Company: Contact your insurance company as soon as possible to report the accident. This is a crucial step, even if the accident was not your fault. Your insurance company will guide you through the claims process and may provide compensation for your injuries and damages.
• Consult an Attorney: If your injuries are significant or you believe the accident was due to someone else's negligence, it's advisable to consult a personal injury attorney. They can assess the circumstances and help determine if you have a valid claim. Personal injury attorneys have the experience and legal knowledge to protect your rights and maximize your compensation.
• Establish Liability: One of the key aspects of your bicycle personal injury claim is proving liability. This involves demonstrating that another party, such as a negligent driver, is responsible for your injuries. Your attorney will investigate the accident, gather evidence, and build a strong case on your behalf.
• Document Your Damages: Keep meticulous records of all expenses related to the accident, such as medical bills, property damage, and lost wages. These documents will be used to calculate the compensation you are entitled to.
• Negotiation and Settlement: Your attorney will negotiate with the at-fault party's insurance company to reach a fair settlement. If a settlement cannot be reached, the case may proceed to court.
• Litigation: If negotiations fail, your attorney will file a lawsuit on your behalf. The legal process can be time-consuming, but it may be necessary to secure the compensation you deserve.
• Trial: If your case goes to trial, your attorney will present evidence, question witnesses, and make a compelling case before a judge and jury. The outcome of the trial will determine the final compensation awarded.

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.

Bicycle Accidents Involving Trucks and Tractor Trailers

Bicycle accidents involving drivers pulling trailers can lead to severe injuries, including neck and shoulder fractures, which can profoundly impact a victim’s life. As a personal injury law firm specializing in such cases in California, we understand the complexities and challenges associated with these unfortunate incidents.

When a bicyclist collides with a vehicle pulling a trailer, determining liability can be intricate. These accidents often result from various factors, such as the driver’s failure to check blind spots, improper lane changes, excessive speed, or inadequate trailer maintenance. Additionally, the increased size and limited maneuverability of trailers heighten the risk of severe injuries to bicyclists, who are particularly vulnerable on the road.

Fractures to the neck and shoulders can be extremely painful and require a wide range of medical care, such as operations, physical therapy, and extended recuperation times. Significant medical costs, lost income from being unable to work, and excruciating pain and suffering are all possible outcomes for victims.

Do not hesitate to seek legal representation if you or a loved one has suffered fractures to your neck and shoulders in a bicycle accident with a trailer in California. For a free consultation to discuss your case and consider your options for recovery, get in touch with our personal injury law office. Allow us to support you during this trying time as you fight for the fairness and recompense you are due.