After being injured in a bicycle accident in San Jose, a bike accident attorney can assist victims in recovering compensation for their injuries and damages. However, not all bicycle accident cases will require legal help. Here are the top scenarios for when legal guidance is an absolute MUST.
1. The Bicycle Accident Claim Has Been Denied
The other party’s insurance company may deny a personal injury claim for multiple reasons, often questioning liability or claimed damages.
- Dispute of Liability: The insurance company may believe that the plaintiff is actually at fault for the bike accident instead of their insured client. This may be based on various factors, including eyewitness accounts, a police report, or the insurer’s own investigation.
- Dispute of Damages: The insurer may contest the extent or legitimacy of the damages claimed, like the extent of injuries or how long the plaintiff held off seeking medical treatment.
It’s also important to understand that insurance companies have a financial interest in minimizing payouts, rather than accepting their responsibility to fairly compensate victims with severe injuries.
Therefore, claim denials can sometimes be based on strategic reasons rather than a genuine assessment of the claim’s legitimacy. Consulting with a San Jose bicycle accident lawyer will confirm the legitimacy of a claim.
2. The At-Fault Party Has Not Been Identified
Bicycle accidents often involve multiple parties, complicating the claims process. This typically results in multiple insurance companies and potential finger-pointing. All potentially liable parties for bicycle accidents may include the following:
- Bicyclists: Cyclists must always follow traffic laws and exercise caution. In some cases, like if the bicyclist was not wearing a helmet, that individual may also share responsibility for sustaining his or her own injuries.
- Motorists: All drivers of motor vehicles are obligated to obey traffic laws and remain aware of their fellow road users, especially bicyclists and pedestrians. Reckless driving, like speeding, disregarding traffic signals, or failing to yield can lead to fault in a bike accident.
- Pedestrians: Pedestrian’s reckless actions, such as jaywalking or entering a bicycle lane, can contribute to bike accidents and potentially result in shared liability.
- Government Entities: Poor road conditions, such as potholes, a lack of bike lanes, or distorted signage, can create hazardous conditions for cyclists and motorists. The city of San Jose or a government entity may be liable if these factors contribute to an accident.
- Manufacturers: Defective bicycles or bike components can cause bike accidents, making the manufacturer or distributor potentially responsible for damages.
A bike accident claim cannot be filed until the responsible party can be appropriately identified and fault is proven.
3. You Don’t Know How to Prove Negligence for Bicycle Accidents
The National Highway Traffic Safety Administration reports that a significant cause of bicycle accidents involves negligent drivers of motor vehicles speeding and violating traffic laws.
To establish a driver’s liability for a car accident with a bicyclist, “negligence,” which is a legal basis of tort law and most personal injury lawsuits, must be demonstrated through these four elements:
- Duty of Care: All motorists are legally obligated to exercise reasonable care to avoid harming others. This includes adhering to traffic laws and being aware of bicyclists on the road.
- Breach of Duty: The driver failed to fulfill the duty of care to act as a reasonably sensible person would under similar circumstances. Examples include speeding, distracted driving (texting, eating, talking to passengers), or driving under the influence.
- Causation: The driver’s breach of duty directly caused the bicycle accident. It must be demonstrated that the bike accident would not have occurred had the negligent driver of the motor vehicle exercised reasonable care.
- Damages: The bicyclist suffered “damages” as a result of the accident. Both economic losses (medical bills, lost wages) and non-economic losses (pain and suffering, emotional distress) may be compensated.
An experienced San Jose bike accident attorney can assist in identifying the liable party, gathering evidence to support the negligence claim, and utilizing legal resources to build a compelling case.
4. You Have Only Been Offered Compensation for Economic Damages
The general assumption is that the only apparent financial losses, such as medical bills and property damage, can be compensated in a personal injury case. However, the scope of compensation extends beyond these immediate costs.
In fact, bicycle accident victims may be entitled to a broader range of damages–some of which are intangbile and possess no distinct monetary value.
A dedicated legal team will evaluate a case to identify all potential areas of loss, like “non-economic damages,” which account for pain and suffering, post-traumatic stress disorder, and loss of enjoyment of life.
While insurance companies often overlook these losses, they can significantly impact a victim’s quality of life and should be compensated accordingly.
However, determining the value of non-economic damages and trying to seek compensation for them is a complicated process. San Jose bicycle accident lawyers can assess the full extent of injuries and emotional distress, building a strong case to maximize recovery.
5. Uncertain if You Have Been Offered a Fair Settlement
Bicycle accidents typically result in serious injuries, like broken bones, traumatic brain injuries, spinal cord injuries, and other debilitating injuries, often requiring extensive medical treatment. This can lead to significant time away from work, causing financial hardship.
To fairly compensate injured bicycle riders, they should be compensated for the following damages:
- Medical Expenses: Costs associated with past and future medical treatment
- Lost Wages: Income lost due to the inability to work because of severe injuries
- Loss of Earning Capacity: Compensation for future income potentially reduced by accident-related disabilities
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life
Following a bicycle accident, victims often face significant financial challenges. Therefore, it is crucial to recover maximum compensation from the at-fault party’s insurance company.
Unfortunately, insurance adjusters frequently undervalue bicycle accident claims and offer insufficient settlements. To ensure a fair recovery, proving liability and documenting the full extent of damages is essential–all things a San Jose bicycle accident lawyer can offer.
6. Need to File a Bicycle Accident Lawsuit
While many bicycle accident claims are resolved through settlement, a legal suit is sometimes necessary. If an insurance company refuses to offer fair compensation, a personal injury lawsuit may be filed.
However, going this route can be costly and time-consuming without the proper support. Building a strong case for trial involves conducting a thorough investigation to anticipate potential defense arguments.
Additionally, it is vital to gather substantial evidence, secure witness statements, and potentially engage expert witnesses.
Partnering with an experienced San Jose personal injury attorney with a successful litigation track record will optimize the outcome of a bicycle accident case to achieve maximum financial recovery.
7. A Wrongful Death Occurred
Studies show that 85% of fatal pedalcyclist (bicyclists and other cyclists powered by pedals) crashes occurred in urban areas. With San Jose located in the center of Santa Clara Valley and San Francisco, as well as the 12th largest city in the nation, it is a prime location for fatal accidents.
When a bicycle accident is fatal, surviving family members may pursue legal action in the form of a wrongful death lawsuit. San Jose bicycle accident attorneys can provide guidance and support during this difficult time.
While insurance companies will vigorously defend their interests, families of victims deserve full and fair compensation for their losses, as the loss of a loved one causes immeasurable suffering, including emotional turmoil and significant financial hardship.
Potential damages in a wrongful death lawsuit may include medical expenses incurred before death, funeral and burial costs, loss of financial support, and compensation for emotional distress.
Is It Too Late to Hire a San Jose Bicycle Accident Attorney?
Time is of the essence in a bicycle accident case, limiting injured victims to just two years to take legal action.
Therefore, if you have not consulted with a bike accident lawyer yet, it is highly advisable to do so as soon as possible. California law imposes strict deadlines, known as statutes of limitations, for filing a lawsuit.
Generally, you have two years to file a claim, but there are exceptions where the timeframe is reduced to just six months. Missing this deadline can permanently bar you from recovering compensation for your injuries and other damages.
To protect your legal rights, it is crucial to consult with bicycle accident attorneys as soon as possible after the accident. Early involvement allows the attorney to initiate a prompt investigation, gather essential evidence, and preserve witness testimony.
Evidence, such as road conditions, witness accounts, and accident scene photographs, can deteriorate or disappear over time. Therefore, a timely investigation is vital to build a strong case.
Contact the Top San Jose Bicycle Accident Lawyers
Delaying legal action can significantly weaken your claim. Our San Jose personal injury law firm specializes in bicycle accidents and can provide the necessary guidance and representation to protect your interests.
Schedule a free consultation, and speak with a San Jose bicycle accident lawyer today.
Call Us
