Bicycle Accident Lawyer in San Jose, CA

Like much of the Bay Area, San Jose has a strong cycling and biking community. Many cycling groups meet for rides throughout the South Bay and the Peninsula, and the city has been expanding its bikeway network. Yet the city is car-centric, and many street designs aren’t as safe for cyclists as they could be.

When major bike and e-bike accidents happen, the injuries can be catastrophic. Some injuries can even lead to permanent disabilities, impacting your livelihood and ability to live independently. The attorneys at Danko Meredith can help you seek compensation so you can recover with dignity and hold negligent parties accountable.

To request a free case review with our bicycle and e-bike accident lawyers serving San Jose, CA, contact our Bay Area law firm today. You can also reach Danko Meredith by phone at (650) 453-3600.

Where Bike and E-Bike Accidents Happen in San Jose

While cycling accidents can happen anywhere in San Jose, they are more likely around these parts of the city.

• Downtown San Jose: Downtown seems great for cycling, but there are many dangers, including traffic lights at most intersections, light rail transit in addition to buses and commuter traffic, inconsistent biking infrastructure, and many double-parked vehicles.
• Stevens Creek Boulevard: Heavy traffic and fast-traveling vehicles make cycling down Stevens Creek Boulevard potentially dangerous. The wide lanes, vehicle dealerships, and various businesses mean a lot of dangers at intersections and near any driveways.
• Santana Row and Valley Fair: On the note of Stevens Creek Boulevard, cyclists around Valley Fair or Santana Row need to be careful of high-volume traffic, especially near the ramps for I-880 and I-280.
• Intersections with Major Expressways: Many cyclists avoid riding on Lawrence Expressway, San Thomas Expressway, Capitol Expressway, and the Montague Expressway. Any intersections with San Jose’s expressways need to be approached cautiously by cyclists and pedestrians alike.

In addition to these urban areas, it’s also possible for bike accidents to happen on the Guadalupe River Trail, the Coyote Creek Trail, and the surrounding roads in these parts of San Jose and Santa Clara County.

Common Causes of Bicycle Accidents in San Jose

There are many potential causes of bike and e-bike accidents in San Jose. The lawyers at Danko Meredith thoroughly investigate every collision to understand what went wrong and who is legally responsible.

Dooring

Dooring is when a driver or passenger opens their door into a bike lane or the street while a bicyclist is approaching. This is a common type of accident in Downtown San Jose and even in residential neighborhoods.

Unsafe Turns and Passing

Drivers may be too aggressive in trying to overtake a cyclist while making a right turn or while turning into a driveway. Drivers might even refuse to yield the right of way, or simply lose a cyclist in their blind spot.

Speeding and Reckless Driving

When drivers in the South Bay drive too fast, drive too aggressively, ignore traffic signals, or refuse to use their blinkers, it can put bicyclists and pedestrians in danger.

Distracted Driving

Distracted driving is anything that takes hands off the wheel or diverts attention from the road, like texting, looking up directions, or eating while driving. Some drivers can also be inattentive if they rely too heavily on their car’s self-driving mode.

Drunk/Intoxicated Driving

Driving under the influence of drugs or alcohol puts countless people at risk. When an impaired driver causes a bike or e-bike crash in the South Bay, our lawyers can hold them accountable. The DUI accident lawsuit is separate from any criminal charges the intoxicated driver will face.

Bicycle/E-Bike Defects

All kinds of mechanical failures or design flaws could result in a major bike accident. In the case of e-bikes, there may be issues with the top speed or other features that result in cyclists losing control.

Hazards in the Road or with Road Design

Cyclists face many hazards when roads are in poor condition. Potential dangers include potholes, uneven pavement, broken streetlights, malfunctioning traffic signals, and obstructed views at intersections.

Potential Injuries in a Bike Accident

Even if a cyclist is wearing a helmet, they can experience major injuries that can have lasting consequences.

• Broken Bones and Joints: Falls from a bike can cause broken wrists, broken arms, cracked ribs, and other kinds of fractures.
• Head Trauma and Brain Injuries: Cyclists can suffer serious head trauma even while wearing a helmet, including severe concussions and other traumatic brain injuries (TBI).
• Face and Dental Injuries: In serious accidents, cyclists can experience tooth loss, cheek and chin injuries, nose injuries, and other kinds of serious trauma.
• Road Rash and Other Soft Tissue Injuries: This includes road rash, more serious lacerations, ligament and tendon injuries, and injuries to muscles.
• Damage to Internal Organs: A bicycle accident can cause serious harm to internal organs, including injuries to the kidneys, liver, lungs, and spleen.
• Neck, Back, and Spine Injuries: Cyclists may suffer major injuries to the spine, resulting in slipped discs, partial paralysis, paraplegia, or quadriplegia.

E-Bike Crashes Can Cause Fatal and Catastrophic Injuries

The growing popularity of e-bikes in San Jose has caused many severe injuries in recent years. These e-bikes can reach speeds of 20 mph and higher.

Greater speed means more serious impacts during collisions, a higher risk of cyclists losing control of their e-bike, and a danger of catastrophic injuries or fatalities.

Compensation After a Bicycle or E-Bike Accident

At Danko Meredith, our bicycle accident attorneys serving San Jose will fight to recover the full spectrum of damages available under California law, which includes economic and non-economic damages.

Economic Damages

Economic damages are the financial losses tied to the accident and your injuries. This includes:

• Past, Current, and Future Medical Bills: Ambulance and emergency care, hospitalization, physical rehabilitation, occupational therapy, and ongoing needs.
• Damage to Property: Repair or replacement of the bicycle or e-bike, as well as any costs due to damaged personal belongings and other property.
• Lost Income and Future Earnings: Loss of wages due to leave or time off, and reduced earning potential if an injury changes a person’s career path.
• Accommodations for Disability: Changes to your home, transportation, or lifestyle if a catastrophic bike injury results in long-term or permanent disability.
• Funeral Expenses: Costs of burial, cremation, and memorial services if you lose a loved one in a fatal bicycle or e-bike accident.

Non-Economic Damages

Non-economic damages cover the deeply personal and emotional consequences of your injuries.

• Pain and Suffering: Chronic pain after a bicycle or e-bike crash, in addition to mental anguish from depression, anxiety, and post-traumatic stress disorder (PTSD).
• Reduced Quality of Life: Loss of enjoyment in hobbies and other daily activities, as well as decreased feelings of contentment, happiness, and overall well-being.
• Loss of Consortium: When a bicycle accident impairs a person’s ability to share affection, intimacy, and love with a spouse or partner.
• Loss of Companionship: The loss of a family member’s society, help around the home, or parenting after a fatal bike or e-bike accident.

Punitive Damages

In rare cases of gross negligence, it’s possible to receive punitive damages after a bike or e-bike accident. Also known as exemplary damages, punitive damages punish the negligent party rather than compensating accident victims or their families for their losses.

Our bicycle and e-bike accident lawyers serving San Jose will let you know if punitive damages are a possibility in your case.

California’s Pure Comparative Negligence Rule

Pure comparative negligence allows people to receive compensation if they were partly or mostly at fault in an accident. Their compensation gets reduced by their percentage of liability.

For example, say that you were in a bicycle accident near Japantown and were awarded $100,000, but you were 15% at fault. Because of pure comparative negligence, you would still receive $85,000.

Insurance companies will try to shift as much blame onto cyclists as possible in order to reduce payouts. The attorneys here at Danko Meredith will dispute those tactics and cite evidence to secure as much compensation as possible.

Who Can Be Held Liable for a Bicycle Accident in San Jose?

Bike and e-bike accident liability depends on how and where the crash occurred. The attorneys at Danko Meredith will make sure the right party is held accountable for what happened. Potentially liable parties include:

• Negligent Drivers: This includes intoxicated, aggressive, and distracted motorists and commercial drivers.
• Employers of Negligent Drivers: This includes trucking companies, delivery services, and rideshare companies like Uber and Lyft.
• Bike/E-Bike Manufacturers: This includes the maker of the bicycle or e-bike, as well as manufacturers of any parts.
• San Jose or California Road Authorities: This includes the city of San Jose or agencies like the Santa Clara Valley Transportation Authority (VTA).

Real Bicycle Accident Case Results from Danko Meredith

Here are two of our past case results that involved bicyclists. In both of these bike accident cases, the crashes were caused by problems with road design and road maintenance.

$9.5 Million Verdict: Fatal Accident Involving a Cyclist

A 62-year-old Redwood City man named Chris Chandler was hit by a car while crossing El Camino Real. Authorities claimed that Chris rode his bike into traffic and that his death was a possible suicide. That was not true. Eyewitnesses told us that Chris was in a designated crosswalk and walking his bike when he was killed.

Uncovered state documents revealed that this crosswalk was considered unsafe because yielding vehicles could block a person’s view of oncoming traffic. The state of California refused to fix this dangerous crosswalk because not enough cyclists or pedestrians were hurt to justify the cost.

The state’s best settlement offer before trial was only $100,000. The jury agreed with us that the crosswalk was not safe, Chris could not have avoided the fatal crash, and Chris was not at fault in any way.

In a unanimous verdict, the jury awarded Chris’ family $9.5 million.

$2.2 Million Judgement: Cyclist Brain Injury

In another past case, we secured a $2.2 million jury verdict against the state of Hawaii for a 41-year-old cyclist who suffered a serious brain injury. The cyclist was training for a triathlon an hour before dawn. He lost control of his bicycle on Kalanianaole Highway, landing on his head.

While there were no witnesses to the biking accident, we reconstructed what happened by examining two punctures in the bike’s front tire and fibers left in the pavement.

The biker fell near the shoulder of the road by several white reflector poles. One reflector pole was missing, leaving just the black base mount. The cyclist could not see this black base mount, ran over it (puncturing his tire), and lost control.

Our attorneys also identified multiple witnesses who noted that the white reflector pole had been missing for months. Further research found that the reflector poles should not have been placed in the path of bike traffic to begin with.

The state of Hawaii refused to accept responsibility for what happened. The judge agreed with our team, awarding the injured cyclist $2.2 million.

Deadline to File a Bicycle Accident Lawsuit in California

In California, you generally have two years from the date of a bicycle or e-bike accident to file a personal injury lawsuit or wrongful death claim. Once that two-year statute of limitations has passed, you will not be able to take legal action.

Exceptions to the Two-Year Statute of Limitations

There are a few exceptions to the two-year deadline. For instance, you have just six months to act if your accident involved a local, state, or federal government agency or employee.

Why It’s Best to Speak with a Bike Accident Attorney ASAP

It’s best to speak with our bicycle and e-bike accident lawyers serving San Jose as soon as possible. The lawyers at Danko Meredith can begin collecting evidence, building your case, negotiating a fair settlement, and meeting all key deadlines.

How a San Jose Bicycle Accident Lawyer Can Help with Your Claim

Do not face insurance companies or the legal process alone. Here are the benefits of working with a bike or e-bike accident attorney at Danko Meredith.

• Learn How Much Your Claim Is Really Worth: The team at Danko Meredith will note your current losses and can help identify long-term and lasting impacts on your health and quality of life.
• Gather Evidence and Secure Witness Testimony: Our lawyers can investigate the crash site and compile testimony from witnesses about the accident and/or where the collision happened.
• Access to Expert Witnesses and Other Resources: Our law firm has access to some of the leading expert witnesses in the country. These experts can help us build a compelling case for you.
• Communication and Negotiation with Insurance Companies: We know how to negotiate with insurance companies and the tactics they use. We won’t back down because we know the true value of your claim.
• Representation If Your Case Goes to Trial: Our lawyers are prepared to go to trial if it’s best for your bike accident case. We can also leverage this during settlement negotiations.
• Peace of Mind During a Difficult Process: Let Danko Meredith focus on the paperwork, deadlines, and investigation. You can focus on healing and planning for the future.

Why Choose Danko Meredith for Your Bike Accident Case in San Mateo

Danko Meredith proudly represents accident victims throughout Santa Clara County. We know how serious bicycle and e-bike accidents can be, which is why our lawyers look out for families in San Janose and neighboring communities around the South Bay.

• A Record of Handling Complex Accident Cases: Danko Meredith was founded in 2009 to represent working Californians harmed by powerful entities. We have a track record of success in high-stakes litigation and standing up to giants.
• We’re Ready to Go to Trial If It’s Best for You: Our attorneys won’t let corporations, insurance companies, or the government push you around. Our law firm is ready to push back and even go to trial if it’s best for you.
• If Our Lawyers Don’t Win, You Don’t Pay: Danko Meredith offers free consultations, and our lawyers work on a contingency fee basis. That means you only pay if our attorneys secure a settlement or win a verdict in court.

Contact Our Bike Accident Attorneys Serving San Jose, CA

If you’re a cyclist who’s been seriously hurt in a crash in Santa Clara County, you need lawyers who can advocate for maximum compensation. Danko Meredith can take on insurance companies and even local and state governments after a major collision. To request a free consultation with our bicycle and e-bike accident lawyers serving San Jose, CA, contact our Bay Area law firm today. You can also reach our attorneys by calling (650) 453-3600.