San Jose may be a fun city to bike around in with its bike lanes, but it can also prove dangerous for cyclists due to the number of careless and reckless drivers. Sharing the road with motor vehicles carries the risk of being involved in a life-changing bicycle accident because of someone else’s poor decisions.
If you get injured in a bicycle accident, a team of experienced personal injury lawyers can help you navigate this difficult time. At Jacoby & Meyers, we assist with the legal process, from filing a claim against an at-fault driver to communicating with insurance companies and pursuing a resolution. Contact us to begin with a free case evaluation.
Why Do Clients Trust Jacoby & Meyers?
- We have represented accident victims in California for over 50 years. Our goal is to assist clients with their physical, emotional, and financial recovery.
- Our firm has a record of $2 billion in cumulative settlements and verdicts recovered for our clients. These past results are based on the unique facts of each case and do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
- We have in-depth knowledge and experience handling bicycle accident claims. Our past case results include a $17.5 million recovery for a bicycle accident victim who was struck by a truck and suffered paraplegia.
- We represent clients on a contingency fee basis. This means you will not pay attorney’s fees unless we secure a recovery in your case. If a recovery is obtained, our fee is calculated as a percentage of the total settlement or judgment. Our firm also waives the reimbursement of advanced legal costs if no recovery is obtained on your behalf.
Damages Available in a San Jose Bicycle Accident Claim
Establishing that another party’s negligence contributed to your bicycle accident in San Jose allows you to pursue a claim for your documented losses. Under California’s pure comparative negligence standard, your recovery is determined by the facts of the incident; if you are found partially at fault, your total recovery is reduced by your percentage of responsibility.
- Economic damages: reimbursement of your financial or monetary losses, which may include medical bills for injury treatment, bicycle repairs or replacement, lost wages from missing work, disability costs, lost future ability to earn, and various out-of-pocket costs.
- Non-economic damages: compensation for the intangible impacts of the bicycle accident, such as physical pain and suffering, emotional distress, psychological harm, post-traumatic stress disorder, and loss of consortium.
In specific cases involving bicycle accidents in San Jose, California law allows for the pursuit of punitive damages if it can be proven by clear and convincing evidence that a defendant acted with oppression, fraud, or malice—such as in certain incidents involving driving under the influence. Our attorneys provide an evidence-based evaluation of your claim to identify all recovery options available under the law.
How Can a Bicycle Accident Lawyer in San Jose Help?
If you are hit by a motor vehicle while riding your bike in San Jose, you may be dealing with serious injuries, medical costs, and questions about your legal rights. Speaking with an experienced bicycle accident lawyer can provide information to help you make informed decisions moving forward.
Our bicycle accident attorneys provide representation that includes investigating the incident, documenting liability, and preserving evidence to establish a claim. We manage all communication and settlement negotiations with insurance providers. If a resolution is not reached through negotiation, our firm provides representation in civil trials within the Santa Clara County Superior Court.
Common Bicycle Accident Injuries & Medical Considerations
Bicycle accidents can result in severe injuries. At Jacoby & Meyers, we have experience handling bicycle injury cases and understand both the immediate and long-term impacts that may arise from these injuries.
Most Common Bicycle Accident Injuries:
- Traumatic Brain Injuries (TBI)
- Head Trauma
- Spinal Cord Injuries
- Broken Bones
- Muscle Tears
- Ligament Sprains
- Road rash
- Internal Injuries
- Facial Injuries
Our legal team works to properly document injuries and coordinate with medical professionals to support claims for current and future medical expenses. Contact us today for a free initial consultation about your bicycle accident case.
What Causes Most Bicycle Accidents in San Jose?
According to the California Office of Traffic Safety, 125 bicyclist fatalities were reported in 2021. This was an 8 percent decrease from 2020. In addition, 1,108 pedestrians were killed (an increase of 9.3 percent). Human error contributes to many of these incidents.
Motor vehicle drivers have a legal responsibility to pay attention to the road, obey traffic laws, and keep a lookout for bicyclists. Unfortunately, not all drivers meet these responsibilities.
San Jose bicycle accidents can be caused by driver negligence, or the failure to use proper care, including:
- Distracted driving
- Texting while driving
- Drunk driving
- Drowsy driving
- Reckless driving
- Speeding
- Running red lights and stop signs
- Failing to yield the right-of-way to cyclists
- Passing bikes too closely
- Making unsafe lane changes
- Driving or parking in bicycle lanes
- Suddenly opening doors into cyclists (dooring)
- Aggressive driving or road rage
Bicycle accidents in San Jose can result from driver negligence, dangerous road conditions, or defective equipment. If a public roadway hazard or a mechanical defect contributed to your injury, you have the legal right to pursue a claim for your documented losses.
Product Liability in Bicycle Accidents
When pursuing a product liability claim for bicycle equipment failure, multiple parties may be responsible for your injuries. These can include the manufacturer, distributor, retailer, and even repair shops.
Common product liability issues:
Defective Bicycle Components
Common equipment failures include:
- Brake system failures
- Frame cracks or breaks
- Wheel/tire defects
- Chain malfunctions
- Fork failures
- Handlebar defects
Safety Equipment Issues
Safety gear defects include:
- Helmet design flaws
- Faulty helmet straps
- Failed safety lights
- Defective reflective gear
Filing a Product Liability Claim
To build a case, our legal team collects documentation, including purchase receipts, maintenance records, and photos of the defective parts. We work closely with product safety experts or engineers to thoroughly investigate equipment failures and identify responsible parties.
Proving Negligence in Bicycle Accident Cases in San Jose
Negligence contributes to many serious and fatal bicycle accidents that take place in San Jose each year. Negligence means that someone used a lesser degree of care than a reasonable and prudent person would have in the same or similar circumstances, resulting in harm to others.
California utilizes an ‘at-fault’ insurance system for motor vehicle accidents. This requires an injured party to establish the negligence of another party to pursue a recovery from that party’s insurance provider. Because California follows a pure comparative negligence standard, any recovery is determined by the facts of the incident and will be reduced by your own percentage of fault. Our attorneys provide representation aimed at documenting liability and damages under the law.
Proving negligence requires clear and convincing evidence that the accused party, or defendant, owed you a duty of care, breached or violated that duty, and caused the bike accident. Evidence used to prove a bicycle accident case may include police reports, photographs and videos, eyewitness statements, cell phone records, and medical records.
What to Do After a Bicycle Accident in San Jose
Being involved in a bicycle accident can be overwhelming. Taking the right steps after your accident is crucial for both your health and your legal rights. Here are steps to consider to protect yourself and your legal claim:
- Call 911
- Document your injuries
- Seek medical care
- Document the accident
- Gather witness information
- Contact an attorney
- Follow legal guidance
Contact Us for a Free Bicycle Accident Case Review in San Jose
At Jacoby & Meyers, we believe everyone deserves justice. We represent clients in bicycle accident cases throughout California, and our San Jose bicycle accident attorneys have served clients since 1972. Find out how we can help you during a free initial consultation.
Our San Jose law office is conveniently located at Plaza West, 3031 Tisch Way #110, San Jose, CA 95128. You can call us at (408) 341-6883 to schedule a free case evaluation. We offer flexible appointment scheduling options, and arrangements may be made if you are unable to travel due to your injuries. Contact us today.