San Jose Wrongful Death Lawyer
Compassionate Guidance in San Jose
Based in Northern California, our
bicycle accident attorneys at
Caputo & Van Der Walde LLP have represented many families who have experienced the death of a loved
one due to a fatal bike crash. Many of the victims were involved in completely
preventable accidents. We do not tolerate such grave injustices and work
hard to win wrongful death claim cases for individuals who have suffered
the same. To learn more about our case history and the services we provide,
call us at
Bicycle Fatalities Are Unfortunately Common Occurances
Over the past decade, more and more people have turned to bicycling as
a means of transportation. According to a study by the Outdoor Foundation,
bicycling has become the second most popular outdoor activity in the U.S.
The reasons for this are clear. Not only does bicycling present a "greener"
alternative to driving, but it also presents a healthier way to get around.
However, bicycling, like all outdoor activities, also has its risks. A
report by the National Highway Traffic Safety Administration (NHTSA) shows
that 677 bicyclists were killed in 2011, a significant increase from 2010
which saw 623 bicyclist fatalities.
Common Causes of Bicyclist Fatalities
Most fatal bicycle accidents occur due to misconduct on the part of motorists.
Bicyclists have the right to share the road with other vehicles; in turn,
motorists are legally obligated to practice safe driving around bicyclists.
Yet, not all motorists choose to behave according to these expectations.
Bicyclist fatalities are often caused by:
- Drivers who pass cyclists in an unsafe or aggressive manner
- Drivers who turn into the cyclist's path
- Drivers who speed, or run red lights or stop signs
- Drivers who are in an impaired state
There can also be accident cases in which a motorist is not involved at
all. Bad road conditions or other instances of faulty infrastructure may
also lead to fatal bike accidents. The government is expected to provide
safe streets and adequate signage for bicyclists and motorists alike.
If they fail to do so then they can be held liable for any harm that befalls
the affected victim.
Losses and Recovery
Family members or other loved ones who were dependent on the victim of
a fatal bike accident may file a wrongful death claim. Under California
law, they may recover damages according to the losses they sustained upon
the death of the victim, including:
- Loss of love, society, companionship, comfort, protection, care, and consortium
- Loss of services
- Loss of financial contributions
- Loss of training and advice
- Funeral and burial expenses
Helping Families Find Peace
The death of a loved one is a devastating event, and individuals who were
close to the deceased may need a long period of mourning before they are
able to move on. At Caputo & Van Der Walde LLP, we do our best to
have our clients' cases concluded in an efficient and satisfactory
way so they can start engaging in the process of mental and emotional
recovery without having to worry about financial and legal issues. If
you need the representation of a lawyer who cares,
contact us today.