San Jose Bicycle Accident Lawyer

Were You Seriously Injured in a Bike Accident in San Jose?

If you were injured in a San Jose bicycle crash caused by another person’s negligence, you may be able to seek compensation for your injuries, medical expenses, lost wages, and pain and suffering. An experienced San Jose bicycle accident lawyer can help you hold the responsible party liable for damages.

At The Law Offices of Daniel Kim, our legal team has extensive experience in auto accident cases and understands the complexities of the claims process. Our California legal firm has the knowledge and resources to take on any opponent, including big insurance companies and their team of aggressive lawyers. Call our law office to schedule a free consultation today.

No Win. No Fee. Guaranteed.

At The Law Offices of Daniel Kim, we understand bike accident victims may suffer serious injuries, mental distress, and financial strain. Our San Jose bicycle accident lawyer works on a contingency fee basis, so our clients don’t have to pay any upfront legal fees. We guarantee that if we don’t win your case, you will pay us nothing.

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Why Hire Daniel Kim as Your San Jose Bicycle Accident Lawyer?

The Law Offices of Daniel Kim have the resources and knowledge to help injured victims recover compensation after a bicycle crash. Injuries sustained in bicycle accidents are oftentimes severe because bicycles do not offer protection comparable to motor vehicles. In addition, bicyclists who are injured by negligent drivers may not get the full and fair compensation they deserve. An experienced bicycle accident lawyer can help bicycle accident victims hold the at-fault party accountable and recover compensation for their losses.

Daniel Kim maintains a 99% win rate and has recovered over $250 million dollars in verdicts and settlements for his clients. Our Bay Area bike accident lawyer will fight tirelessly to help you hold the at-fault party liable for your losses.

The Law Offices of Daniel Kim offers a no-obligation, free consultation and our clients don’t pay any lawyer fees until we win their case. If we do not win your case, you will not be charged for our legal services.

Our award-winning personal injury law firm will guide you throughout the entire claims process, so you don’t have to deal with the insurance company alone. We work to protect your rights and facilitate communication with the insurance companies on your behalf. We provide our clients with the strategic legal advocacy they need to win their personal injury cases. Call our office today to schedule a free case evaluation. We’re available to assist 24 hours a day, seven days a week.

Do I Have a Case for My Bicycle Accident Injury?

While negligent motorists are oftentimes found at fault for bicycle accidents, it’s necessary to prove negligence in a bike accident case. For instance, if the driver received a traffic citation, that is significant evidence that the driver was at fault for the accident. If a cyclist violated a traffic law, the bike rider can also be held liable for damages suffered by those involved in the collision.

There are different factors that go into determining liability after a bicycle crash. The individual or entity who caused the bike crash can be held responsible to pay for financial damages. The factors that go into determining if you have a case for your personal injury include the following:

The Duty of Care

The duty of care is a legal obligation that requires individuals to exercise reasonable care while performing acts that could potentially harm themselves or others. All California drivers must adhere to the duty of care when operating a motor vehicle. Therefore, it must be established that the defendant owed a duty of care to the plaintiff.

The Breach of the Duty of Care

Next, it must be established that the defendant breached the duty of care. The defendant can be held accountable for negligent actions or inaction which led to the accident. The plaintiff must prove that the at-fault party did not exercise reasonable care while operating their vehicle, or failed to act.

Causation

In a personal injury case, it must be indicated that the defendant’s actions were a substantial factor or direct cause of the collision.

Damages

The plaintiff must prove that he or she sustained injuries and losses because of the crash. Damages can include medical bills, physical therapy bills, property damage, ongoing medical expenses, and pain and suffering.

The Statute of Limitations

After sustaining an injury in an accident in California, it’s important to adhere to the statute of limitations if you wish to pursue damages in a personal injury claim. The statute of limitations for a personal injury is 2 years from the date the injury occurred. However, there are exceptions where the statute can be either extended or reduced. It’s essential to contact a personal injury lawyer to ensure you are within the allotted timeframe to file a claim, otherwise legal suit will be forfeited.

How Much Is My Bicycle Accident Claim Worth?

The value of bicycle accident claims is determined on a case-by-case basis, however, there are factors that can impact how much your personal injury claim is worth.

These factors can include the following:

• Suffered injuries – If you sustained temporary or permanent physical injuries, you may be able to pursue just compensation. Claims involving severe and catastrophic injuries typically have a higher settlement value than those pertaining to minor injuries.
• Medical bills – If your injuries require medical care or a visit to the emergency room, you may be able to obtain compensation for these losses.
• Lost wages – If you missed work, lost income, or are not able to return to work because of a disability, you can seek compensation.
• Lost earning capacity – You may also be able to seek financial compensation for lost earning potential. This includes the income you would have made if you were not injured in the bike crash.
• Property damage – If your personal property, like your bike, cell phone, or other personal belongings were damaged, you can be reimbursed for those losses.
• Emotional damage – Many accident victims suffer from emotional distress after a serious accident. Post-traumatic stress disorder (PTSD) is a common condition suffered by motor vehicle accident victims. Victims may experience flashbacks, intrusive thoughts, anxiety, depression, sleep disturbances, and other symptoms.
• Wrongful death – If you lost a loved one because of a bike accident, you may be able to recover compensation in a wrongful death claim.

An experienced bicycle accident attorney can help you calculate the true value of your claim. At The Law Offices of Daniel Kim, we have a proven record of obtaining maximum compensation in the personal injury cases we take on. We go to court, when necessary, to restore justice and have gotten our clients the fair settlements they deserved.

What Are the Most Common Causes of Bicycle Accidents?

Bike crashes are usually preventable and can result in severe injuries and life-altering consequences for bicycle riders. Some of the most common reasons bike accidents occur in Santa Clara County include:

• Distracted driving (eating or drinking, texting, talking on the phone or to a passenger)
• Speeding
• Reckless driving (changing lanes without signaling, tailgating, weaving in and out of traffic)
• Disregard for traffic signs and signals
• Failure to yield
• Turning without looking
• Low visibility
• Driving while fatigued
• Drunk driving

Who Is Liable for a Bike Accident?

California is an at-fault state, which means that the at-fault party is responsible for compensating the other parties involved for the injuries and damages suffered. California also follows a comparative fault system. Consequently, if more than one party is found at fault, all the parties involved must pay for the damages according to their percentage of fault. Therefore, if a motorist is found responsible for 90% of the damages, the bicycle rider could be found liable for the remaining 10% in damages.

Under Vehicle Code 21200, bike riders have the same rights and are subject to the same obligations as motor vehicle drivers. For example, bicyclists are subject to laws in California that govern obeying traffic signals and signs, yielding to pedestrians, and not driving while intoxicated. There are also laws that dictate when a bicycle rider is allowed to move outside of the bike lane.

What Should You Do After a Bicycle Accident?

After a bicycle crash, it’s vital to seek medical attention and gather evidence for your claim. You can take the following steps to help strengthen your claim after a bike crash:

1. Call 911

It’s crucial to call the police immediately and wait until they arrive at the scene of the accident. A police officer will create a police report which includes important information, like the date, time, and place the incident occurred, the police officer’s opinion on how the accident took place, and witnesses’ contact information. Ensure you get a copy of the police report. This is an unbiased account of the bike crash and serves as invaluable evidence for your claim. 

2. Obtain the Driver’s Information

Exchange the following information with the driver(s) involved:

• Full name and address
• Phone number
• License plate number
• Driver’s license
• Insurance policy number
• Insurance company

3. Document and Collect Evidence

Write down how the accident occurred or record your recollection of the incident. If you are able to, take photos of the accident scene, your injuries, skid marks, and damage to your bike and the motor vehicle(s) involved.

4. Speak to Witnesses

Get the contact information of anyone who saw the accident take place, and ask if they are willing to provide a witness statement on how the bicycle crash occurred.

5. Seek Medical Assistance

Bicycle accident injuries are oftentimes serious, requiring medical care. Even if you believe you only suffered minor injuries, it’s best to see a medical professional. An adrenaline rush can mask the pain and seriousness of your injuries. It’s important to get the medical care you need. It will strengthen your bike accident claim if you see a doctor immediately after the incident, document your injuries, and collect your medical records.

6. Do Not Negotiate with the Insurance Company

The driver’s insurer may reach out to you for a statement. The insurance company may try to offer you a low settlement before you have a chance to consult with a San Jose personal injury lawyer and calculate the true value of your bike accident claim. Insurance adjusters are well-trained to find reasons to justify a low settlement or deny your claim entirely.

7. Consult with a San Jose Bicycle Accident Lawyer

It’s crucial to secure legal counsel to recover the financial compensation that you deserve. A personal injury lawyer will protect your rights, facilitate communication with the insurance company, and negotiate on your behalf.

What Are the Most Common Bike Accident Injuries?

Bicycles don’t offer protection comparable to automobiles such as seatbelts, airbags, and crumple zones. Consequently, bike accidents often lead to catastrophic injuries. Some of the most common bicycle crash injuries include the following:

• Abrasions and road rash – These are skin injuries that are caused by abrasion or contact with road surfaces.
• Lacerations – Deep cuts and lacerations sustained in a bike crash oftentimes require stitches and may lead to scarring.
• Broken bones and fractures – Most cyclists sustain fractures or bone breaks in a bike crash when bracing for a fall. The most common fractures occur to the wrists, hands, forearms, shoulders, and collarbone.
• Spinal cord injuries – Spinal cord injuries can result in lifelong implications, including paralysis. Serious bicycle injuries often require physical therapy and surgery which can result in high medical bills and ongoing expenses.
• Neck injuries – A bike accident can result in trauma to the neck and head, causing neck injuries like whiplash, muscle spasms, and neck sprains or strains.
• Traumatic brain injuries – Bicycle riding accounts for the highest number of recreation-related emergency department visits for traumatic brain injuries in the US. Bicycle helmets reduce traumatic brain injury by 53%, and it’s crucial to select a helmet that meets safety standards.
• Amputation – Amputation may be necessary after a bike crash to prevent infection, further damage, or to save a person’s life.
• Wrongful death – Regardless of how a fatal bike accident occurs, these kinds of accidents are oftentimes the result of the negligent actions of automobile drivers. If you lost a loved one due to a negligent driver, it’s crucial to consult an experienced bicycle accident attorney.

San Jose Bicycle Accident Statistics

The Better Bike Plan 2025 launched by the city of San Jose aims to build new bikeways, enhance current bikeways, and implement supportive programs and policies to help protect bike riders. Although the city is committed to transforming into one of the most bike-friendly communities in the US, bike accidents are still a common occurrence. In 2019, there were 262 victims killed and injured in San Jose bicycle accidents. Notably, there were 704 DUI arrests in the same year.

Dangerous Roads and Intersections

Dangerous roads and intersections in San Jose, California include the following: 

• Mclaughlin Avenue at Story Road
• Blossom Hill Road at Winfield Boulevard
• Quimby Road at Tully Road
• Almaden Expressway at Blossom Hill Road
• US Route 101 at Tully Road
• King Road at Tully Road
• Blossom Hill Road at Snell Avenue

Contact The Law Offices of Daniel Kim Today

If you were injured in a bike crash in the Bay Area, don’t hesitate to contact The Law Offices of Daniel Kim for a free case evaluation. Our award-winning San Jose personal injury lawyer will help you hold the at-fault party accountable for your losses. Daniel Kim has dedicated his career to helping personal injury victims recover the compensation they deserve. He proudly maintains a 99% success rate and has obtained over $250 million in settlements and verdicts for his clients.

The Law Offices of Daniel Kim is proud to serve the nearby neighborhoods of San Jose and surrounding cities in Santa Clara County including Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Palo Alto, Gilroy, Morgan Hill, Los Gatos, Campbell, Saratoga, Los Altos, Los Altos Hills, Monte Sereno, Willow Glen, Rose Garden, Almaden Valley, Evergreen, Cambrian Park, Blossom Valley, Downtown San Jose, Japantown, West San Jose, and Berryessa. Our personal injury law firm is available 24/7 by phone, email, or live chat. Call us today to learn about your legal options.

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Directions to Our Office in San Jose

Car Accident Lawyer Daniel Kim — San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681