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San Jose Bicycle Accident Lawyer

In San Jose, cyclists face constant hazards, from distracted drivers and poorly maintained bike lanes to dangerous road conditions and unexpected obstacles. Even the most safety-conscious bicycle riders are at risk of injury due to drivers who see them as an afterthought. If you were hurt while riding a bike, you have the right to pursue legal action against the responsible party.

Choulos, Choulos & Wyle San Francisco, CA personal injury lawyers understand the devastating impact a bicycle accident can have on your life, health, and financial stability.

That’s why our San Jose bicycle accident lawyers work tirelessly to hold negligent motorists accountable. While you focus on recovery, we can represent your best interests and fight to secure the compensation that you need to rebuild your life. 

San Jose Bicycle Accident Lawyer

Why Choose Our Bicycle Accident Attorneys?

  • Choulos, Choulos & Wyle possess over 50 years of combined legal experience, helping bicycle accident victims throughout the Bay Area secure the compensation that they need to move forward. We have been successful in 98% of the cases we take on. 
  • Throughout your case, our attorneys work closely with you to understand how the accident has impacted your life and family. We are proud to provide direct communication and personalized legal strategies to each of our clients.
  • You deserve access to legal representation regardless of your financial status. When you choose our firm for your bicycle accident claim, you will not pay any fees unless we successfully recover compensation for your damages.

What Are Common San Jose Bicycle Injuries?

Cyclists are vulnerable to devastating injuries when they are struck by cars, trucks, or other vehicles. This is because bicycles offer minimal protection against the massive force of impact from motor vehicles, leaving riders exposed to direct trauma. These injuries often require extensive medical treatment, rehabilitation, and ongoing care.

Some of the most common injuries in San Jose bicycle accidents include:

Motorcyclists in San Jose face significant dangers on the road, from inattentive drivers and hazardous road conditions to insufficiently marked lanes and reckless behavior by other motorists. Unlike passenger vehicles, motorcycles provide minimal protection in the event of a crash, making San Jose motorcycle accident victims especially vulnerable to severe injuries.

If you were involved in a motorcycle accident caused by another party’s negligence, you have the right to seek compensation for your damages. Choulos, Choulos & Wyle understand the unique challenges that injured motorcyclists encounter.

San Jose bicycle accident picture

How Can a San Jose Bicycle Accident Lawyer Help?

After a bicycle accident in San Jose, you have the right to file an insurance claim or lawsuit against the person who caused your collision. These claims present unique challenges, and Choulos, Choulos & Wyle can help you overcome any obstacles that may come your way. 

Insurance companies often try to minimize bicycle accident claims by questioning the cyclist’s actions or downplaying injury severity. Our firm will protect your rights by gathering comprehensive evidence, including traffic camera footage, witness statements, and expert testimony to build a strong case on your behalf. Leveraging this information, we will negotiate aggressively for an award that addresses the full scope of your losses.

Our San Francisco bicycle accident attorneys know how to identify and calculate all of your current and long-term damages associated with your bicycle accident injuries. These may include specialized equipment costs, long-term medical needs, and the pain and suffering that you experienced. While you focus on healing, we will handle every aspect of your claim to maximize your chances of a fair settlement.

Steps to Take After a San Jose Bicycle Accident

When you are involved in a bicycle accident, shock can flood your system. This can make it difficult to think clearly or control what you do or say. You may feel like you are on autopilot, going through the motions to get through the immediate crisis. However, what you do and say can affect the outcome of your potential insurance claim or lawsuit.

To protect yourself, take the following steps after your San Jose bicycle accident:

  • Seek immediate medical attention: Even if you feel fine, get checked by a medical professional, as adrenaline can mask serious injuries like concussions or internal damage.
  • Call 911 and request police response: An official accident report creates an objective record of what happened at the scene, preserving details you might have missed.
  • Document the accident scene thoroughly: Take photos of your bicycle damage, the vehicle involved, road conditions, traffic signs, and any visible injuries before anything gets moved. 
  • Collect contact information from all parties: Get the driver’s name, insurance information, license plate number, and contact details, plus information from any witnesses who saw what happened. 
  • Avoid admitting fault or discussing details: Limit your conversation with the other driver to basic information exchange and don’t speculate about what happened or apologize.  
  • Preserve your damaged bicycle and gear: Don’t repair or dispose of your bike, helmet, or clothing until your attorney advises you, as these items serve as important evidence. · 
  • Keep detailed records of everything: Document all medical treatments, expenses, missed work days, and how your injuries affect your daily activities and quality of life. · 
  • Contact a San Jose bicycle accident attorney: Reach out to legal counsel before speaking with insurance companies to protect your rights and maximize your potential recovery. 
  • Follow all medical treatment recommendations: Attend all appointments and follow your doctor’s orders. Insurance companies will scrutinize any gaps in your medical care.

Establishing Negligence in a Bicycle Accident Lawsuit

To win your bicycle accident case, you must prove that the other party acted negligently. This means showing they had a duty to exercise reasonable care, breached that duty, and their actions directly caused your injuries and damages. In San Jose, drivers have a legal obligation to share the road safely with cyclists and follow traffic laws.

Your attorney will investigate whether the driver violated any traffic laws or failed to exercise reasonable care under the circumstances. Common forms of driver negligence include: 

  • Failing to yield the right of way 
  • Following too closely
  • Speeding
  • Distracted driving
  • Not checking blind spots before turning

Opening car doors into bike lanes without looking first

Evidence plays an important role in proving negligence. Traffic camera footage, cell phone records showing distracted driving, and expert accident reconstruction can strengthen your case. Witness statements often provide valuable third-party perspectives on what happened. Our San Jose bicycle accident attorneys will also examine the driver’s history for previous violations or accidents that might establish a pattern of reckless behavior.

San Jose bike crash scene

Dealing with Insurance Companies Following a Bike Crash

Insurance companies are businesses, and their goal is to protect their bottom lines. They employ teams of adjusters whose job is to find reasons to deny your claim or reduce what they owe you. When you call to report your accident, they may sound friendly and helpful, but remember they work for the insurance company, not for you.

Do not give a recorded statement right away. The adjuster will ask you to describe what happened, and they will record everything you say. If you are still recovering from your injuries, you might say something that hurts your case later. Tell them you will provide a statement through your attorney.

Watch out for quick settlement offers. Insurance companies often make lowball offers within days of your accident, hoping you will accept before you understand how badly you are hurt. Bicycle accidents can cause serious injuries that take weeks or months to fully develop—do not accept any offer until you have seen a doctor and talked to a lawyer.

Be careful when signing documents. Insurance companies may send you forms that look routine but actually limit your rights. Some releases prevent you from seeking additional compensation later, even if your injuries turn out to be worse than expected. Have your attorney review everything before you consider signing it.

California property damage law allows you to recover damages even if you were partially at fault for the accident. However, insurance companies will try to blame you as much as possible to reduce their payout. They might claim you weren’t wearing a helmet, weren’t visible enough, or broke traffic laws. Your San Jose bicycle accident lawyer will protect you against these tactics, defending you against accusations of fault and presenting evidence of the at-fault party’s liability.

How Much Is Your San Jose Bicycle Accident Case Worth?

The value of your bicycle accident claim depends on how badly you were hurt and how the accident affects your life:

  • Medical bills form the biggest part of most claims, covering emergency room visits, surgeries, physical therapy, and any future medical care you will need. 
  • If you missed work because of your injuries, you can recover that income as well as the value of any benefits that you would have received. 
  • If your injuries prevent you from doing your job, you might be entitled to compensation for reduced earning ability. This is especially important if you have a physical job or if your injuries are permanent.
  • Pain and suffering covers the physical pain and emotional stress from your accident. It includes ongoing discomfort, depression, anxiety, and how your injuries limit your daily activities. 
  • Property damage includes yor bicycle and any gear that was damaged, such as bike computers, lights, or custom components.

Every case is different. A broken arm might be worth $50,000 in one case and $150,000 in another, depending on how it affects that person’s life and work. Severe injuries like brain trauma or spinal cord damage typically result in much higher settlements because they cause permanent disabilities. Your attorney from Choulos, Choulos & Wyle will analyze every possible source of compensation to accurately calculate your claim.

Schedule Your Free Consultation with Choulos, Choulos & Wyle

If you were injured while riding a bike in San Jose, do not wait to seek the help that you need. Trust Choulos, Choulos & Wyle to recover the compensation that you need to rebuild your life. Contact us today at (415) 604-9915 or toll-free at (877) 702-7800 to schedule your free consultation with our San Jose bicycle accident attorney.

Awards & Recognitions
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