Bicycle Accident Lawyers in San Jose

Name: Bicycle Accidents
Brand: The Swanson Law Group
Rating: 4.9 (119 reviews)

If you or someone you know needs a bicycle accident lawyer in San Jose, don't hesitate to contact The Swanson Law Group.

The statistics reveal that this problem is getting worse.

The Mercury News reports that San Jose is one of the most deadly cities in Silicon Valley for cyclists, with a staggering 3,745 bicycle collisions in five years. If you or someone you love has been injured in an accident, working with the best personal injury lawyer in San Jose who will pursue full compensation for all damages is essential.

Choose a bicycle accident attorney in San Jose with groundbreaking victories

At The Swanson Law Group, we offer free initial consultations & you don't pay unless we win!

Our bicycle accident attorneys in San Jose are proud to have achieved many groundbreaking victories, and we have recovered millions in damages for our clients. While every case is unique, and we can’t promise comparable results, here are just a few of our successes:

$5,000,000: Vehicle accident case
$4,400,000 Verdict: Neck injury; more than ten times the first settlement offer
$3,600,000 Verdict: Wrongful death; first settlement offer was $425,000

To see more, take a look at our case results page.

Bicycle and helmet on the ground with a car in the background

What are common bicycle accident injuries?

A cyclist is at substantial risk of suffering serious, catastrophic, or fatal injuries when hit by a moving vehicle. The types of injuries cyclists sustain include:

Head injuries
Brain injuries
Spinal cord injuries
Broken bones
Hip injuries
Knee injuries
Foot and ankle injuries
Skull fractures
Concussion
Brain injuries
Face injuries (contusions, fractures, dental fractures, eye injuries)
Chest injuries (ribs, lungs)
Internal injuries
Pelvic fractures
Joint injuries (ankle, knee, shoulder, wrist, hip, elbow)
Soft tissue injuries (skin abrasions, lacerations, contusions)

What are the types of bicycle accidents we represent in San Jose?

Bicycle accidents can occur due to several negligent behaviors, including:

Dooring: A driver parked at the side of the street must exercise caution when opening the vehicle door because if a cyclist moves past, the door will cause them to fall onto the roadway. This could subject them to a secondary impact from other moving vehicles.
Rear-end accidents: Drivers may fail to see a cyclist ahead and hit them from behind.
Distracted driving: After an accident, it’s not rare to discover that a driver was talking on the phone, texting, eating, or distracted driving.
Speeding: When a vehicle operator exceeds the posted speed limit, everyone is at risk — particularly cyclists.
Unsafe lane changes: A driver who changes lanes without checking to ensure no cyclist is nearby could collide with the cyclist, throwing them onto the roadway.
Weaving in lanes: Cyclists have the same rights and responsibilities as vehicle drivers and the right to cycle in lanes of traffic when necessary. When a driver weaves in and out of lanes, they risk entering the bicycle lane or failing to see a cyclist, which means they could hit them.
Turns at intersections: A bicycle has a much smaller profile than a vehicle, and a driver may turn at an intersection through which a cyclist is moving, colliding with them.
Running red lights/stop signs: Drivers who decide to run a red light or stop sign put cyclists at risk of severe or fatal injuries.
Drunk driving/drug-impaired driving: A driver who has consumed alcohol or drugs can make poor decisions, drive erratically, or hit a cyclist.

Our bicycle accident lawyers in San Jose are fully trained in the above cases and prioritize getting you what you deserve.

Who is liable for a bicycle accident?

After a vehicle hits a cyclist, liability must be established. The at-fault driver’s insurance company may attempt various strategies to reduce the value of a claim, bullying victims into accepting pennies on the dollar for their injuries. At The Swanson Law Group, the legal team of Ben Swanson, Esq., Zaneta Conroy, Esq., and Greg Schaffer, Esq., our team takes down insurance companies with a no-compromise approach.

When an insurance company tries to pay our clients less than they deserve, we’re happy to take them to court and have a jury decide. The last thing insurance companies want is to go to trial. Our founder, Ben Swanson, has spent the past 10+ years making insurance companies aware they will lose every time.

What are the damages we seek to recover?

The damages sought in a personal injury claim come in three types:

Economic damages

The actual financial losses from the accident, including medical bills, hospital bills, rehabilitation, lost wages, lost earning capacity, medications, transportation, and all other actual financial losses.

Non-economic damages

A bicycle accident can leave a victim facing life ahead with many challenges. The emotional toll is extensive and these damages reflect pain and suffering, loss of quality of life, the emotional anguish associated with disfiguring injuries, cognitive changes, and the emotional anguish the individual suffers.

Punitive damages

In some cases, damages intended to punish the at-fault driver could be pursued. This can be possible when there is unmistakable evidence of extreme recklessness or in a case in which harm was intended.

Statute of Limitations for CA Bicycle Accidents

California law imposes a strict time limit to file a personal injury claim following a bicycle accident. Known as the statute of limitations, you generally have:

Two years from the date of the accident to file a personal injury lawsuit
Three years to file a property damage claim

However, if the at-fault party is a government entity (e.g., city or county vehicles), you must file a claim with the government within six months of the accident. This special requirement reflects California's Tort Claims Act. Failing to file within these timeframes can bar you from recovering compensation, so acting promptly is crucial.

Understanding the Bicycle Accident Case Legal Process

Filing a bicycle accident claim involves the following steps:

Initial Consultation: Meet with a personal injury attorney to discuss your case, evaluate its merits, and explore your legal options.
Investigation: Your attorney will gather evidence, such as police reports, witness statements, medical records, and accident reconstruction data, to build a strong case.
Demand Letter: Once the damages are calculated, your lawyer will send a demand letter to the at-fault party’s insurance company, outlining your claim and requesting a settlement.
Negotiation: Your lawyer will negotiate with the insurance company to secure a fair settlement.
Filing a Lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit and prepare for trial.
Trial: If necessary, the case will go to court, where a judge or jury will determine liability and award damages.

Throughout the process, your Swanson Law Group attorney will guide you and keep you informed about the status of your claim.

How Long Will My Case Take to Resolve?

The timeline for resolving a bicycle accident case varies based on factors such as:

The severity of injuries and duration of medical treatment
The complexity of the case and the evidence required
The willingness of the insurance company to negotiate
Whether the case goes to trial

Some cases settle within a few months, while others may take over a year if litigation is necessary.

What’s the Average Settlement Amount for a Bicycle Accident Case?

Settlement amounts for bicycle accident cases depend on the unique circumstances of each case, including the severity of injuries, financial losses, and the impact on your life. While it’s difficult to determine an “average” amount, settlements can range from a few thousand dollars for minor injuries to millions for catastrophic or wrongful death cases.

Your attorney can provide a more accurate estimate after evaluating the details of your claim and the damages involved.

Does CA Put a Cap on Damages for Personal Injury Claims, Such as a Bicycle Accident?

California does not impose a general cap on economic or non-economic damages for personal injury claims, including bicycle accidents. However, punitive damages are awarded only in rare cases of extreme recklessness or intentional harm.

There is a notable exception for medical malpractice cases, where non-economic damages are capped at $350,000 under state law. This does not typically apply to bicycle accident cases unless medical negligence is involved.

What Should I Do If I’m in a Bicycle Accident?

If you are involved in a bicycle accident, take these steps to protect your health and legal rights:

Ensure Safety

Move to a safe location, if possible, away from traffic.

Call 911

Report the accident and request medical assistance, even if injuries seem minor.

Document the Scene

Take photos of the accident scene, your bicycle, injuries, and the vehicle involved. Collect contact information from witnesses.

Seek Medical Attention

Obtain a thorough medical evaluation, as some injuries may not be immediately apparent.

Avoid Admitting Fault

Refrain from making statements that could be interpreted as admitting fault.

Contact an Attorney

Consult a personal injury attorney before speaking with insurance adjusters to protect your rights.

What Are Some Cycling Safety Tips?

Always wear a properly fitted helmet
Use reflective clothing and lights, especially when riding at night
Obey all traffic laws and signals
Stay in designated bike lanes whenever possible
Avoid distractions like using your phone or wearing headphones
Be aware of parked cars to avoid dooring accidents
Signal your intentions clearly when turning or stopping
Regularly inspect your bicycle for proper functioning, including brakes, tires, and lights

Valuing a bicycle accident case in San Jose: Our process at The Swanson Law Group

The Swanson Law Group approaches bicycle accident cases differently than most law firms. The first step is to ensure our clients have access to the best medical care and treatment possible without the need to pay until the case is settled. Our focus is on helping our clients get better and restore their health as much as can be achieved with modern medicine, which is why we help you keep track of your appointments and follow-up care.

Our network of medical professionals is excellent, and we would go to them ourselves. We value a case based on the degree of the injuries, how long it will take to restore health, and how the injuries have affected the life and future of the injured person.

We offer a free case consultation for bicycle and car accidents. We want to hear your story and offer legal representation in Spanish and English. All cases are taken on a contingency fee basis. This means you will owe us no legal fees unless we win.

We understand the value of health, and our clients know that after meeting with us, they can heal and get results. Call us a Swanson Law Group bicycle accident attorney in San Jose today.