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.