San Jose may be a fun city to bike around, but it can also prove dangerous or even deadly for cyclists due to the number of careless and reckless drivers. Sharing the road with motor vehicles runs the risk of being involved in a life-changing bicycle accident because of someone else’s poor decisions. As a bike accident victim, you don’t have to fight for the justice you deserve alone.
If you get injured in a bicycle accident, a team of experienced and reputable personal injury lawyers can help you get through this hard time. At Jacoby & Meyers, we will make this journey as easy as possible for you. Our law firm can handle everything, from filing your claim against an at-fault driver to achieving a settlement that allows you to move forward with peace of mind. Contact us to begin with a free case evaluation.
Why Do Clients Trust Jacoby & Meyers?
- We have provided accident victims in California with access to high-quality legal and medical services for over 50 years. Our goal is to maximize your physical, emotional and financial recovery.
- Our attorneys have successfully secured more than $2 billion in settlements for clients – the highest of any law firm in California. We have been voted the #1 Personal Injury Firm five years in a row.
- We have in-depth knowledge and experience in bicycle accident law. Our past case results include a $17.5 million recovery for a bicycle accident victim who was struck by a truck and suffered paraplegia.
- You won’t pay your bicycle accident attorney any money in legal fees unless we win your case, guaranteed. If we are successful, we will take our fee directly out of the settlement or judgment award won – not out of your pocket.
How Can a Bicycle Accident Lawyer in San Jose Help?
If you get hit by a motor vehicle while on your bike in San Jose, you may be dealing with serious and painful injuries, expensive medical costs, and confusion regarding your legal rights. Speaking with an experienced bicycle accident lawyer can put your mind at ease by giving you the information you need to make the right decisions moving forward.
You can trust an attorney to investigate the bicycle accident, determine fault, collect evidence, and prove your case against a driver or another party. An attorney can take over settlement negotiations with an insurance provider for you to ensure you receive fair compensation for your losses. If necessary, your lawyer can represent you during a bicycle accident trial in Santa Clara County.
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 is behind most of these tragedies.
Motor vehicle drivers have a legal responsibility to pay attention to the road, obey traffic laws, keep a lookout for bicyclists and do their best to prevent accidents. Unfortunately, not all drivers take these duties seriously.
San Jose bicycle accidents can be caused by many examples of 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
- Opening doors into cyclists (dooring)
- Aggressive driving or road rage
In addition to driver error, dangerous roads and defective bicycle parts can also cause and contribute to bike accidents in San Jose. If your bicycle accident reasonably could have been prevented, you may be entitled to financial compensation from the at-fault party.
Proving Negligence in Bicycle Accident Cases in San Jose
Negligence is behind the majority of 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 operates under a fault-based automobile insurance system. This means that when a traffic accident occurs, injured victims must prove fault or negligence to qualify for financial compensation from the other party’s automobile insurance provider.
Proving negligence requires clear and convincing evidence that the accused party (defendant) owed you a duty of care, breached or violated this duty, and caused the bike accident. Evidence used to prove a bicycle accident case may include a police report, photographs and videos, eyewitness statements, cell phone records, and medical records.
Damages Available in a San Jose Bicycle Accident Claim
Proving that someone else caused your bicycle accident in San Jose could lead to the financial recovery you need to move forward from the crash with less financial stress. You may qualify for two main types of compensatory damages as a bike accident victim:
- Economic damages: reimbursement of all 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.
- Noneconomic damages: payment for the intangible ways in which the bicycle accident has impacted you. Examples include your physical pain and suffering, emotional distress, psychological harm, post-traumatic stress disorder, and loss of consortium.
Bicycle accident victims in San Jose may also recover punitive damages: an additional amount awarded to punish a defendant for especially wrongful acts, such as driving under the influence. Working with an attorney at Jacoby & Meyers can allow you to seek maximum compensation for your past and future losses with proven legal strategies.
Contact Us for a Free Bicycle Accident Case Review in San Jose
At Jacoby & Meyers, we believe everyone deserves justice. We represent clients with care, integrity and expertise to achieve the results they need during difficult times. Our San Jose personal injury attorneys have earned the trust of tens of thousands of clients since 1972. Find out how we can help you during a free 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 anytime, 24/7, for a free case evaluation. We offer extremely flexible appointment scheduling and will travel to meet with you if you cannot come to us due to your injuries. Contact us today.
Call or text 888-522-6291 or complete a Free Case Evaluation form