San Jose Bike Accident Attorney
Helping Injured Cyclists in Santa Clara County
Suppose you were injured due to the negligence or misconduct of another party while riding your bicycle in San Jose. In that case, you have the right to file a lawsuit to recover compensation for your property damage and injuries - both physical and emotional. Your settlement can cover medical bills, lost wages, and emotional distress if successful.
An experienced bike accident lawyer in San Jose can investigate your bicycle accident case and determine which parties are responsible for your injuries. At Caputo & Van Der Walde LLP, our personal injury lawyers are recognized leaders in personal injury litigation because we are committed to aggressively protecting our client's rights.
On This Page
- Verdicts & Settlements
- What Should I Do After a Bike Accident?
- Common Causes
- Common Injuries
- Treatment for Injuries
- Fatal Accidents
- Who Can I Sue for a Bicycle Accident?
If You Were Injured in a Bike Accident, Our San Jose Bicycle Accident Attorneys at Caputo & Van Der Walde Are Here to Help. Call (800) 900-0863 for Your FREE Case Review.
- $1,000,000 - Bicycle vs. auto collision resulting in closed head injury
- $565,000 - Bike vs. auto accident resulting in cervical and shoulder surgeries
- $300,000 - Bicycle accident where a bicyclist was rear-ended by an intoxicated driver and suffered a fractured vertebrae with nerve impingement
Below is a list of important steps you should take after being involved in a bicycle accident:
- Call 911 to report the bicycle accident.
- Seek medical attention immediately if you have been struck by a vehicle or car door. See a doctor even if you do not notice any immediate injuries.
- Ensure that an incident report is filed in regards to the bicycle accident.
- Make sure you get the contact information of the other party, including their name, address, date of birth, and insurance information.
- Get contact information, such as names and phone numbers, from anyone else who witnessed the bicycle accident.
- If you have a cell phone with you, take pictures of the accident scene, damages to your bicycle, and any visible injuries you suffered.
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 the 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.
Motorists often cause bicycle accidents by:
- Driving under the influence
- Engaging in distracted driving behaviors
- Pulling out in front of a bicyclist
- Failing to yield the right-of-way to bicyclists
- Ignoring a traffic signal or stop sign
- Opening a car door in front of a bicyclist
- Merging into the path of a bicyclist
- Forcing a cyclist off the road
Unlike motorists who have multiple barriers for protection, bicyclists are vulnerable to external forces. Only a helmet covers the head while the rest of the body is exposed. An unprotected human body cannot withstand the impact of a vehicle. When the body makes contact with the ground or another object, injury is inevitable.
Injuries that are commonly sustained in bicycle accidents include:
- Spinal cord damage
- Traumatic brain injury
- Severe burns or road rash
- Crushed or broken bones
- Loss of eyesight
- Loss of teeth
In a collision between a bicyclist and a motor vehicle, the vehicle always wins. Bike crashes often result in serious injuries that require months, years, or even a lifetime of treatment. These injuries may require the services of a reconstructive surgeon, orthopedic expert, oral and maxillofacial surgeon, or ophthalmologist.
Additionally, the injury could require:
- Physical therapy
- Assistive devices
- In-home care
- Speech therapy
- Language therapy
Most fatal bicycle accidents occur due to negligence or 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 laws and 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
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, they can be held liable in a wrongful death action for any harm that befalls the affected victim.
Several different parties can be liable for a bike accident, including:
- Negligent drivers whose actions caused or contributed to a bike accident
- Manufacturers of defective bicycles, bicycle parts, or bicycle accessories
- Negligent city, county, or state entities who are responsible for maintaining safe roadways by fixing dangerous potholes or uneven road conditions
- Negligent repair shops, which fail to provide you with safe circumstances
- Negligent property owners who create unsafe conditions for bicyclists
Call (800) 900-0863 for a Free Case Review
If you were injured due to the negligence of a driver, or you lost a family member in a bicycle accident, we urge you to contact Caputo & Van Der Walde LLP to speak with one of our bike accident attorneys in San Jose, CA. We can help you seek maximum compensation for your injuries, as well as other accident-related costs.