Bicycle Accident

Stay Safe During Winter Bicycling in Northern California

By San Jose Personal Injury Lawyer on December 14, 2011 - No comments

For many, bicycling is a passion that does not stop when the weather turns bad. However, winter in Northern California is a time when bicyclists face challenges that they would not normally encounter during the rest of the year. In order to stay safe and avoid dangerous accidents, bicyclists should follow these tips from Collegian.com during the cold weather months:

  • Adjust riding for icy conditions – If the area where you are biking has encountered freezing temperatures, chances are that the road now has ice on it. When riding on icy or potentially slippery surfaces avoid braking hard and pedal smoothly with a relaxed body. These actions will keep you from sliding and stop any small slips from turning into big ones.
  • Wear appropriate clothing – Winter cyclists should dress for the weather around them, with enough clothing to keep them warm but not make them sweat. Wool and synthetic are good for a bottom layer, light clothing is good for multiple layers, and something water and wind resistant makes for a good top layer.
  • Use and maintain proper bicycle equipment – Tires must have the appropriate tread to deal with slick and snowy surfaces. Thick tread works well with gripping the ground and studded tires use metal spikes to dig into the ground. Lube should also be used on the drivetrain, cables, crank, brakes, and chain. However, brake pads and rims must not be lubed and need to be kept dry in order to work properly.

Following these tips will help prevent many winter bicycle accidents caused by dangerous road conditions; however, they cannot stop the actions of a reckless driver that may result in an accident. If you have been injured while bicycling due to another’s negligence, the San Mateo bicycle accident lawyers at Van Der Walde & Associates can help you win your just and full compensation for your losses. Contact us at (877) 862-6288 for a complimentary consultation on your personal injury case.

 

NHTSA Warning: “A Bike is a Vehicle, Not a Toy”

By San Jose Personal Injury Lawyer on October 6, 2011 - No comments

The National Highway Traffic Safety Administration (NHTSA) is urging parents to remember that a bike is not a toy: it is a vehicle. Even young riders need to be aware of the safety issues associated with riding a bike so they can learn how to protect themselves from serious injuries. The NHTSA offers these tips for staying safe:

  • Adjust the bicycle to fit the rider, not the other way around. The seat should be level and the height of the seat should allow the rider to bend the knee slightly if his or her leg is fully extended. Adjust the handlebar height if necessary.
  • Wear a helmet that has been fitted properly. Wearing a helmet reduces the risk of traumatic brain injuries.
  • Always check a bicycle before riding it to make sure it is in good working order. Check the tires and test the brakes to make sure they work properly.
  • Avoid riding a bike without using the handlebars. A rider should always have at least one hand on the handlebars at all times.
  • Dress appropriately for the weather and lighting conditions in your neighborhood. Wear bright colors or reflective clothing at all times. If you ride at night, use reflective tape to increase your visibility.
  • Avoid riding at night whenever possible, as other drivers have difficulty seeing cyclists in the dark.
  • Watch out for potholes, uneven road surfaces, wet roads, and other road hazards when riding.

Even when bicycle riders take all of these precautions, it’s not always enough to stay out of harm’s way. Some drivers approach cyclists aggressively and try to run them off the road. Others are distracted and do not see cyclists until it’s too late. If you sustained injuries while you were cycling in Northern California, it may be possible to recover compensation from the person who caused the accident. The San Jose bicycle accident lawyers at Van Der Walde & Associates will review your case and help you determine the best course of action. Call us at (877) 862-6288 for a free consultation.

 

Highway 1 Accident Injures Motorcyclist, Bicyclist

By San Jose Personal Injury Lawyer on September 20, 2011 - No comments

Bay City News Service is reporting that a San Jose motorcyclist and a Daly City bicyclist sustained major injuries in an accident on Highway 1 near Ano Nuevo State Reserve. The accident occurred on September 10 when both riders were traveling south on the highway. The 44-year-old motorcyclist collided with the 26-year-old bicyclist at the intersection of Highway 1 and Rossi Road.

California Highway Patrol officers responded to the accident, which is still under investigation. CHP officers report that both accident victims were using appropriate safety equipment and that alcohol does not seem to be a factor in the collision. Officers ask that anyone who witnessed the accident call (650) 369-6261.

Even when motorcyclists and bicyclists wear proper safety attire, they are still at risk of accidents due to several factors:

  • Motorcycles and bicycles are smaller than cars and trucks, making them more difficult to see.
  • Motorcycles and bicycles have fewer safety features than cars, increasing the risk of serious injury in an accident.
  • Motorcyclists and bicyclists ride without the protection of a car or truck interior. This increases the risk of head injuries.
  • Car and truck drivers do not always know how to drive near motorcyclists or watch out for bicyclists. The risk of injury increases in bad weather conditions that further reduce visibility.

In some cases, motorcyclists do not take proper safety precautions when riding. They cause accidents by speeding, changing lanes without signaling, and making other driving mistakes. If you sustained serious injuries in a San Jose motorcycle accident caused by a reckless driver, you deserve to recover compensation for your pain and suffering. Contact the San Jose personal injury attorneys at Van Der Walde & Associates to discuss your case. Call us at (877) 862-6288 for a free, no-obligation consultation.

 

Bicyclist Remains Hospitalized After Crash With Car

By San Jose Personal Injury Lawyer on August 23, 2011 - No comments

A twelve-year-old bicyclist who was hit by a car while riding in a San Jose neighborhood was recently transported to a San Diego hospital to be nearer to his family, according to a report from the San Jose Mercury-News. He is still in a coma.

The boy, a San Diego resident, was visiting his grandmother several weeks ago at her house near Hicks Avenue when the accident occurred. He was riding his bicycle on the sidewalk that borders Hicks, at first along the right side of the street but then switching to the left when he came upon a construction site blocking the right-hand sidewalk. While he was on the left-hand side of the road, a car traveling down the street hit him.

The car’s driver, a San Jose resident, was not injured. She has not been ticketed or arrested in connection with the accident, but local police have not said that they have ruled out the possibility of criminal charges yet. Police are still investigating the accident to determine whether driver inattention, road hazards, or speed were factors that may have contributed to the crash. Meanwhile, the boy’s grandmother and other neighbors recently held a bake sale to help pay for the injured bicyclist’s medical costs.

Bicycle crashes can cause serious injury. If you or someone you love has been injured in a bicycle accident, the experienced San Jose bicycle accident attorneys at Van Der Wale & Associates can help. To learn more about your legal rights and options after an accident, call us today at (877) 862-6228 for a free and confidential consultation.

 

12-Year-Old Injured in San Jose Bicycle Accident

By San Jose Personal Injury Lawyer on July 20, 2011 - No comments

A 12-year-old boy was seriously injured in a San Jose bicycle accident recently in the residential Willow Glen district, according to The San Jose Mercury News. Though the boy sustained serious injuries in the accident, he is expected to survive.

The bicycle accident occurred on the 1500 block of Hicks, which is a residential zone with a speed limit of 25 mph, when the southbound driver of a 2010 Buick Enclave struck the bicyclist, who was traveling north. Police have not disclosed which side of the street the crash took place.

Although Hicks is a residential street, many of its residents complain that drivers use it as a thoroughfare to bypass traffic on Lincoln and Meridian avenues and violate the posted speed limit as they do so. One resident says that she and her husband have both been passed on the street while maintaining the posted speed limit. The high traffic and speeding on Hicks has been a long-standing issue.

In May 2002, San Jose attempted to address the high traffic on Hicks by prohibiting left turns from Minnesota Avenue onto Hicks between 3 and 7 p.m. However this restriction was not followed. In an effort to enforce the restriction and decrease traffic on the street, police officers began ticketing drivers. By the end of 2002, the city took the sign down. Speed bumps may be the next solution.

Speeding is highly dangerous, especially on residential streets where kids are riding their skateboards and bicycles. At Van Der Walde & Associates, our experienced San Jose bicycle accident lawyers have years of experience helping injured clients seek compensation from speeding and negligent drivers. To learn more about how we may help you, contact us today for a consultation at 877-862-6288.

 

Practice San Jose Bicycle Safety for National Bike Safety Month

By San Jose Personal Injury Lawyer on May 3, 2011 - No comments

As summer approaches, more and more people will be dusting off their bicycles to enjoy one of the most pleasant warm weather activities: bicycling. The National Highway Traffic Safety Administration (NHTSA) and the American Automobile Association (AAA) have teamed up to launch their bike safety month campaign, “Roll Model,” which reminds adults to set positive examples to encourage the younger generation to ride safely throughout the year. Following some useful safety tips, as well as following San Jose bicycle laws, will ensure that you and your family will enjoy riding this summer.

Equipment plays a vital role in bicycle safety. One of the most important pieces of equipment, other than the bicycle itself, is a helmet. Wearing a proper bicycle helmet that fits can help prevent serious head injury in the case of a fall or Northern California bike accident. Head injuries are the most common type of injury suffered by bicyclists, and so it is essential to wear an appropriate helmet. It may be tempting to buy a larger helmet for a child to grow into, but a loose helmet that may fall off does not provide proper protection.

Also an important and required piece of equipment for bike riding is the bicycle itself. Ensuring that the bicycle is properly maintained and adjusted, and that it has adequate tires and fully functionally brakes is very important. A person must trust that their bike can transport them safely from point A to point B, as well as handle any emergency maneuvers. An attached rear-view mirror would also be helpful so that a person maintains awareness of their surroundings.

How one rides their bike is also a factor in their safety. Bicycles on the road must following the same traffic laws as motor-vehicles. Keeping to the right side of the road, travelling with the flow of traffic, obeying traffic lights and stop signs, abiding by right-of –way laws, and signaling when turning or changing direction are vital to staying safe when sharing the road with motor-vehicles.

Unfortunately, these safety guidelines alone cannot prevent all bicycle accidents. If you or a loved one has been in a bike accident in San Jose that was caused by the reckless or negligent actions of another, you may be entitled to financial compensation for your losses. Our San Jose bicycle accident attorneys at Van Der Walde & Associates, LLP, can help you determine the best course of legal action for your particular case. Contact us today for a consultation at 877-862-6288.

 

Common Causes of Bicycle Accidents in Santa Cruz

By San Jose Personal Injury Lawyer on February 8, 2011 - No comments

Many people use bicycles as their mode of transportation. Many people choose to ride bicycles instead of passenger cars, for health or environmental reasons. However, with more and more bikes on the road, the risk of being involved in a Northern California bicycle accident increases as well. There are still many motorists who don’t safely share the road like they are supposed to and can cause serious injury and even death to bicyclists.

There are a few common causes of bike crashes in Santa Cruz including:

  • City roads and construction areas, such as potholes, cracks in the road, debris, and other obstructions.
  • Defective parts or bike components; manufacturers and retailers who produce and sell bicycles and bicycle parts that have a safety defect and results in a Northern California bike crash can be held legally responsible for the accident.
  • Negligent drivers, such as driving distracted, driving while under the influence of alcohol or drugs, and not obeying traffic laws can cause life altering injuries to bike riders.
  • Negligent repair shops, which can cause a bicyclist serious injury if a bicycle was not repaired correctly or was repaired using a defective part.

Bicyclists can help reduce bike accidents by using proper safety gear, ensuring that their bicycle is in proper working order, and adhere to all traffic laws. However, even the safest rider can suffer a serious or even fatal injury due to someone else’s negligence.

If you or a loved one has been injured in a bicycle accident in Northern California and you suspect another party’s negligence played a key role in your accident, you should seek legal counsel immediately. At Van Der Walde & Associates, our Santa Cruz bicycle accident injury attorneys have the skill and knowledge that is needed to properly investigate the details of your crash and construct a strong case on your behalf. You deserve to hold all negligent entities accountable for their actions. To learn more about how we can help, call 877-862-6288 for a free consultation.

 

Santa Clara to Pay Settlement for Fatal Bike Accident

By San Jose Personal Injury Lawyer on December 23, 2009 - No comments

A California bike accident that consisted of three deaths, and has already resulted in millions of dollars being paid out to the victims’ families, has again resulted in monetary compensation awarded to the family of one of the victims. That is, the Associated Press reports that the father of the 30-year-old female victim of the accident will receive $800,000 in compensatory damages from Santa Clara County. The accident (first discussed in our November 4th post entitled “Families of Bike Accident Victims Collect Settlement from Santa Clara County”) occurred when a Santa Clara County deputy fell asleep while behind the wheel of his patrol car.

This settlement comes at the heels of a previous monetary award of $1.2 million to the girl’s mother. The county also previously settled for an amount of $2.3 million with the parents of one of the other victims in the accident. A third lawsuit filed by the family of the third victim is still pending, although if previous settlement amounts are any indication, the victim’s family should receive a significant settlement as well.
This case is emblematic of the accountability that must be accepted by a negligent party that is deemed to have somehow contributed towards causing an accident. In all cases of personal injury, accident victims have the right to seek compensatory damages from individuals that may have played a role in causing their injuries. Regardless of the circumstances, the best course of action an accident victim can take is retaining the services of an experienced personal injury attorney that will fight to ensure that the victim’s rights are not infringed upon in a court of law.

At Van Der Walde & Associates, our skilled Northern California personal injury lawyers will hold negligent parties accountable for their actions. If you have been injured in a bike, pedestrian, auto, or any other type of accident, please don’t hesitate to contact our San Jose personal injury attorneys today for more information. Call us today at 877-862-6288 for a free evaluation of your case.

 

Reckless Act Results in Rollover, Injury and Loss of Life

By San Jose Personal Injury Lawyer on November 18, 2009 - No comments

According to The San Francisco Chronicle, a reckless driving act known as a “sideshow” has resulted in the deaths of three young adults and injured three others. Reportedly, a total of five people were in the Nissan Altima that veered into oncoming traffic, struck a parked vehicle, and overturned onto the sidewalk before coming to a stop. Three of the five, a 22-year-old, 19-year-old, and 21-year-old, were killed in the auto accident in Alameda County. The two other vehicle occupants, along with a pedestrian, were injured in the crash and hospitalized with serious injuries. Updates on the conditions of the three injured individuals were not included in the report.

According to residents of the area where the accident took place, the dangerous vehicular activity puts all nearby residents and their property in grave danger. Whether the sideshow consists of “ghost riding the whip “ (a practice in which an individual vacates his or her vehicle while it is placed in neutral and traveling at slow speeds and dances around it or on top of it) or a “hyphy-train” (a practice in which a caravan of cars synchronize their driving patterns in what is similar to a conga line), such vehicular behavior represents an utter abandonment of traffic safety laws and greatly increases the probability that an individual is going to be killed or be subjected to severe physical injury. Victims of such reckless abandon should consult a personal injury lawyer that will hold individuals responsible for putting on sideshows accountable for their actions and responsible for damages that result from such foolish behavior.

If you have been involved in any type of vehicular accident, it is important to remember that you have rights. At Van Der Walde & Associates, our experienced traffic accident attorneys will examine the circumstances surrounding your accident, and will hold responsible for the accident accountable in a court of law. If you have sustained injury or lost a loved one as the result of another person’s reckless driving behavior, please don’t hesitate to contact our Northern California personal injury lawyers at 877-862-6288 for a free evaluation of your case.

Source:http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/18/BA751A77S7.DTL&type=newsbayarea

 

Families of Bike Accident Victims Collect Settlement from Santa Clara County

By San Jose Personal Injury Lawyer on November 4, 2009 - No comments

An article in San Jose’s Mercury News talks about the $1.2 million settlement that the family of a killed bicyclist received from Santa Clara County. The male bicyclist was killed in an accident involving a police patrol car that was being driven by a sheriff’s deputy that fell asleep at the wheel while driving. The deputy also hit two other male bicyclists during the Cupertino accident that occurred in March of 2008. Santa Clara County previously settled with another one of the other victims for a total of $2.3 million. The third victim recovered from his injuries, and any sort of settlement received by him was not disclosed in the article.

The parents of 30-year-old and 29-year-old bicyclists that were killed filed suit on behalf of their sons, and were awarded compensatory damages on their behalf. While the sheriff’s deputy certainly did not mean to fall asleep at the wheel, he was found negligent in causing the accident. Because there was no intent to commit harm to the bicyclist, the officer pled guilty to misdemeanor vehicular manslaughter, and was sentenced to four months of house arrest and an undisclosed amount of public service.

Ultimately, the settlements amount can be considered indicative of the sheriff’s department admitting that wrong-doing on the part of one of their officers took place. As with all vehicular accidents, negligent action can typically be attributed to one or more parties, and such action can hold those individuals responsible for the behavior that caused the accident. Regardless of the situation, it is always important to retain the services of a skilled personal injury lawyer that will examine the details surrounding your accident to ensure that your rights are upheld and those responsible for your accident are deemed as such in a court of law.

If you have recently been in a bicycle accident or any other type of personal injury accident, chances are that negligent behavior played a definite role in causing you injury. At Van Der Walde & Associates, our experienced Santa Clara County bike accident attorneys will seek compensatory damages on your behalf, and will hold the negligent accountable for their actions. If you have been injured, please don’t hesitate to contact us today at 877-862-6288 for a free evaluation of your personal injury case.

Source:http://www.mercurynews.com/news/ci_13519726

 

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