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Personal Injury Attorneys in San Jose, CA
In the United States, there were 938 bicycle fatalities caused by motor-vehicle traffic crashes in 2020. Were you injured in a San Jose bicycle accident because of someone else’s negligence? If you sustained personal injuries or lost a loved one in a bike accident, you are entitled to pursue just compensation.
At Valley Accident Lawyers, our law firm of bicycle accident lawyers can help you hold the at-fault party responsible. If you have medical bills and have lost wages because of a bike crash, we can help you recover compensation for your losses. Our personal injury attorneys specialize in bike accidents and are committed to helping injured victims obtain justice. Schedule a free case evaluation today.Call Us
Do I Need a San Jose Bicycle Accident Attorney?
Over the years, San Jose has been expanding their network of bikeways to help keep residents safe while biking on San Jose roads. The city has completed about 400 miles of on-street bikeways as of 2021. This is a work in progress as San Jose is still building new bikeways and working to enhance existing bikeways. San Jose is currently one of the most dangerous cities for bicycle riders in Santa Clara County. In 2019, bike crashes caused 262 total traffic fatalities and injuries.
A bicycle crash can be a life-changing experience. Bicycles are typically light and don’t have protective features comparable to passenger vehicles. Motor vehicles are equipped with safety features like seat belts, shatter-resistant glass, and airbags. Consequently, when a cyclist is hit by a car it can result in severe injuries or death. If you were injured by a negligent driver it's crucial to secure legal representation quickly. The statute of limitations in California is two years from the date of the accident. A personal injury attorney can help you recover compensation for your losses.
Common San Jose Bicycle Injuries
If you or a loved one was injured in a bicycle crash it’s crucial to seek medical attention right away. Some life-altering injuries may not be initially apparent. Injuries can sometimes take days or even weeks to manifest.
Common bicycle accident injuries sustained in San Jose bike crashes include:
- Abrasions and lacerations
- Fractures and broken bones
- Head injuries and skull fractures
- Facial fractures and broken teeth
- Soft tissue damage
- Spinal and neck injuries
- Traumatic brain injury (TBI)
What to Do After a Bike Accident
- Call 911 Immediately
- After a bike crash, it’s imperative to contact the authorities. Wait for the police to arrive at the accident scene and obtain a police report.
- Don’t Negotiate With the Motorist
- Even if the other motorist apologizes or accepts blame, don’t accept an offer from the other person. The other individual involved may change their mind and deny the accident happened.
- Get the Other Motorist’s Information
- Ensure you collect important information from the other motorist including name, number, address, driver’s license number, and insurance policy number. Also note the vehicle’s make, model, and color.
- Talk to Witnesses
- If there are witnesses present, get their names and phone numbers. Ask if they are able to give an account of how the accident occurred.
- Document Your Injuries and Consult a Doctor
- It's important to see a medical professional immediately. If you do not seek medical attention right away, it can have a negative impact on your personal injury claim. It’s essential to provide your bicycle accident lawyer with your medical records as evidence to support your case.
- Collect Evidence
- Take pictures and videos at the bike accident scene. If you’re able to, take photos of any vehicles involved, skid marks, car parts, debris, and injuries.
- Don’t Talk to the Driver’s Insurance Company
- It’s not in your best interest to talk to the other party’s insurance company. They may use deceptive tactics to justify a low settlement. An insurance company may try to take what you say out of context and assign you a share of the blame for the accident.
- Contact a Bicycle Accident Lawyer
- A bike accident lawyer will protect your legal rights and will preserve the bicycle case evidence. An experienced personal injury attorney will facilitate communications with the insurance company on your behalf and will ensure you get the compensation you deserve.
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Determining Fault in San Jose Bicycle Accidents
California uses comparative negligence to determine liability for damages. In a personal injury claim, the judge decides what percentage each party is responsible for, in the case that both the Plaintiff and the Defendant share liability in the bicycle accident.
Fault in a bicycle accident is determined by which party acted negligently and breached their duty of care. A driver’s duty of care is their responsibility to operate their vehicle safely and avoid collisions. Drivers breach their duty of care when they act recklessly, putting others at risk for injury and even death. For example, when a motorist runs a red light, they breach their duty of care to the motorists around them. Another deciding factor in a personal injury case is causation. The accident victim must prove that the collision caused his or her injuries.
Compensation Available in Bicycle Accidents
In a bike accident claim, an accident victim can recover compensation for economic and non-economic damages.
Economic damages are typically easy to prove with medical records and receipts of expenses incurred as a result of the bike crash. Economic damages a bicycle accident victim can pursue include:
- Medical bills
- Ambulance transport costs
- Ongoing medical treatment
- Property damage
- Lost income
Non-economic damages are more subjective. These types of damages can be more difficult to prove and assign a dollar amount to.
- Scarring or disability
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Mental distress
- Post-traumatic stress disorder
What is My Bicycle Accident Case Worth?
The value of your San Jose bicycle accident case depends on factors like the severity of your injuries, medical bills, emotional trauma, and lost wages from missed work. Non-economic damages, like pain and suffering, are more challenging to prove than economic damages. A personal injury attorney can help you calculate and prove your pain and suffering damages.
Your legal representation also has a significant impact on the outcome of your bicycle accident case. An experienced personal injury attorney can recover compensation higher than someone unfamiliar with personal injury law. If you’ve suffered serious injuries in a San Jose bike accident, you may be able to seek compensation. At Valley Accident Lawyers, we fight tirelessly to help you recover compensation for your losses. Our personal injury attorneys have a proven track record for recovering the maximum compensation available for our clients. Schedule a free consultation to learn more about the worth of your bicycle accident case.
Contact a San Jose Bicycle Accident Lawyer Today
San Jose is a growing city with about 1 million residents and shows the fastest U.S. growth in international visitors. Since 2016, there has been a 25% increase in international visitors. San Jose, the capital of Silicon Valley, is known for its leading tech and financial companies and is at the top of Wall Street’s most innovative cities in the United States. San Jose is located in California’s Bay Area and has an abundance of shops, restaurants, and entertainment.
At Valley Accident Lawyers, we understand medical bills, lost income, physical pain, and emotional distress impact bicycle accident victims. During this difficult time, you should be able to focus on your recovery, not stressing about financial burdens and having to negotiate with an insurance company. Our San Jose bicycle accident lawyers are here to offer you guidance and support throughout your entire bicycle accident claim. Call our law firm to schedule a free case evaluation today.