FAQ's: Bicycle Accidents

Get the Facts from Our San Jose Injury Lawyer

This page is designed to assist victims with common questions that may arise after a bicycle accident.


Question: Can I file a lawsuit for my bicycle accident?

Answer: Accidents can be complicated to investigate, as determining the cause can be a difficult endeavor. However, if you were injured due to the negligence or misconduct of another party while riding your bicycle, you can file a lawsuit against the negligent party to recover damages for your property and your injuries - both physical and emotional. If successful, your settlement can cover your medical bills, loss of work and wages, and emotional distress, all of which you are entitled to obtain compensation for.


Question: Who are the negligent parties that I can sue?

Answer: Negligence can be caused by several different parties:

  • Negligent drivers, who are distracted by any number of factors. These include cell phone use, listening to loud music, failing to keep one's eyes on the road, speaking to passengers, eating, drinking, reading, personal grooming, and more.
  • Negligent manufacturers, retailers, or distributors of bicycles, bicycle parts, and bicycle accessories
  • Negligent City, County, or State entities who are responsible for maintaining safe roadways in order to stay on top of fixing any potholes or uneven road conditions
  • Negligent repair shops, which fail to provide you with safe circumstances
  • Negligent property owners, who create unsafe or hazardous road, street, or crosswalk conditions for bicyclists

Question: Why do I need a lawyer?

Answer: An experienced San Jose bicycle accident lawyer can conduct an investigation of your case and determine which parties are responsible for your injuries. Our skilled bicycle accident attorneys at Caputo & Van Der Walde LLP are recognized leaders in the field of personal injury litigation because we are committed to aggressively protecting the rights of our clients. We achieve results by obtaining the maximum compensation package possible for our clients so that they can have the best possible outcome.Without proper legal counsel, care, and representation, you cannot be sure your case will be resolved successfully, as you won't have a trusted advocate to fight for your right to compensation.


Question: What are some of the causes of bicycle accidents?

Answer: Bicycle accidents can be caused by negligent motorists, environmental factors, such as unsafe road conditions, or even dog attacks. They are also caused by reckless drivers on the road, who refuse to allow bicyclists right of way, speed, fail to stop at a red light or stop sign, make unsafe changes, turn recklessly, and more. Unsafe weather conditions, such as rainy weather or icy roads can also cause a bicycle accident. Road conditions also play a role, as uneven pavement, potholes, or other dangerous environments may be a serious factor in bicycle accidents.


Question: What are some precautions that bicyclists can take?

Answer: Bicyclists need to take some precautions to ensure their safety while riding a bike:

  • Always wear a helmet. This is absolutely necessary and will save your life is you are involved in an accident, which is why it is legally required in most areas.
  • Wear a reflective or brightly colored shirt or jacket to ensure that motorists will see you--especially at night, where visibility is nearly at zero.
  • Use hand signals to let others know where you are going. Look, signal, and look again, as you can never be too sure as to whether the other drivers on the road have seen you.
  • Abide by all traffic laws, using bike lanes whenever possible. Failing to do so is not only illegal, it is putting your life at serious risk.
  • If you are involved in an accident, make sure that you get all contact information from the motorist as well as any witnesses. Take pictures of the scene of the accident, and contact our San Jose personal injury law firm as soon as possible. Do not speak with any insurance company or accept any settlement. You may not know the extent of your injuries immediately after your accident.

If you or a loved one has been injured in a bicycle accident in San Jose, please call our knowledgeable San Jose bicycle accident injury lawyers at Caputo & Van Der Walde LLP for a free case evaluation today. Contact our firm at (800) 900-0863.

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