Even a seemingly minor bicycle accident can have profound consequences, disrupting various aspects of your life. If a negligent driver caused you harm, a bicycle accident lawyer in San Jose will work to hold them liable. Whether you’re struggling with mounting medical bills, lost wages due to inability to work, or emotional distress, you could recover your losses.
At Omega Law Group Accident & Injury Attorneys, we understand the challenges you’re facing, and we provide compassionate guidance through the legal process. Since our establishment in 2016, we have advocated for many personal injury clients.
We are dedicated to serving injured victims throughout California, and you can trust us to pursue justice on your behalf. Contact our San Jose personal injury lawyers for a free initial consultation.
The Benefits of Working With Our Experienced Bicycle Accident Attorneys in San Jose
Your peace of mind is our priority. Our team will assist you at every step of the legal process, addressing any concerns you may have along the way. We will navigate the complexities of your case with empathy and dedication.
We adopt innovation to stay ahead in the ever-changing legal field. By incorporating advanced technologies like artificial intelligence (AI), we enrich our legal services. Utilizing AI-driven tools, we optimize different facets of our operations, allowing us to provide more efficient solutions to our clients.
Common Causes of Bike Accidents in San Jose
San Jose has one of the highest rates of cycling accidents in the Bay Area region and Santa Clara County. Particularly dangerous roads include Monterey Road, Almaden Expressway, and Story Road. Below are some of the most common causes of bike accidents in the region:
- Distracted driving
- Speeding and aggressive driving
- Ignoring traffic laws and signals
- Defective bike components
- Dangerously designed bike lanes
- Right-of-way violations
- Road hazards or damaged bike lane infrastructure
Regardless of the cause of the bike accident, injury victims deserve an attorney who will hear their side of the story and fight for their rights and interests.
Recoverable Damages After a Bicycle Accident in San Jose
Unlike vehicle drivers, cyclists lack the protective enclosures of motor vehicles, which makes them more vulnerable to direct impact. Also, bicycles have limited structural stability and lack crucial safety features such as airbags or seat belts, increasing the likelihood of sustaining more severe injuries in case of a collision.
Even when you follow the bicycle rules of the road in California, a reckless driver can cause a serious crash. You could face severe injuries like acute spinal cord damage or traumatic brain injuries. Beyond the immediate medical bills and related expenses, severe injuries have a lasting impact.
Our San Jose catastrophic injury lawyers understand the profound impact such injuries can have on your life and offer compassionate support. Let our family take care of your family.
As an injured bicycle accident victim, you could get economic and non-economic damages, such as:
- Emergency medical bills and future medical expenses
- Lost work income and employment compensation
- Loss of earning potential due to permanent disability
- Property damage repair or replacement costs
- Out-of-pocket expenses and replacement services (e.g., housekeeping)
- Pain and suffering
- Emotional distress and mental anguish
Your bicycle injury lawyer will calculate your post-accident expenses, estimate future costs, and pursue a fair financial recovery. Our San Jose bicycle accident attorneys will construct a case grounded in evidence, illustrating the full extent of your losses.
We Will Negotiate With the Insurance Company for a Fair Settlement
An insurance claims adjuster may contact you shortly after the bicycle accident while you are still confused about what happened and unsure what to do next. Insurance adjusters hope to take advantage of your vulnerable state and convince you to settle for less than you deserve.
Insurance companies are not your friends; these are profit-driven entities focused on their margins. Anything you tell them can be used against you. If you hire us to work on your case, we will take over communication with adjusters. We can push back on attempts to shift blame back on you or deny responsibility.
Our bicycle accident attorneys will protect your best interests during negotiations. We know how to present a convincing case. However, if the insurer refuses to cooperate, we are prepared to continue the fight in court. Our team is trial-tested and unafraid to present your case in front of a judge and jury.
Navigating California’s Pure Comparative Negligence Law
This legal system evaluates each party’s degree of negligence and allocates fault percentages accordingly. In California, you can pursue compensation even if you bear primary responsibility for the accident, as long as you are not entirely at fault. However, any compensation granted will be proportionally reduced by your assigned percentage of fault.
For instance, if you are deemed 80% at fault for an accident and have $30,000 in damages, you would only receive 20% of that sum, resulting in a final award of $6,000. In bicycle accident cases, a common source of comparative negligence is a lack of helmet use or negligent bicycle maintenance.
Upon reviewing your case, a San Jose bicycle accident lawyer will assess how California’s pure comparative negligence system impacts your claim. Omega Law Group will fight to get you fair compensation for your losses.
Taking Legal Action After a Fatal Bicycle Crash
If you’ve suffered the loss of a loved one in a bicycle accident, please accept our condolences. Our wrongful death lawyers in San Jose understand the profound grief you’re experiencing. Let us help you honor the memory of your loved one through this difficult period.
Surviving family members may pursue a wrongful death claim against the liable party to seek compensation. We’ll guide you through the legal process with care and determination.
The following types of damages may be available after a fatal bicycle accident:
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Loss of companionship, guidance, and support
Although the compensation you receive may not completely ease the pain of your sudden loss, it can provide financial security for your family. Furthermore, pursuing justice through legal channels may provide some solace during this challenging time.
What to Do After a Bicycle Crash in San Jose
Taking immediate steps after a bicycle accident is the key to preserving your ability to make a personal injury claim.
- Document the scene. Once you receive necessary medical attention, start documenting the scene. Take photos of vehicle damage and your injuries. See if you can get traffic camera footage or dashcam footage of the crash. Make notes of weather and road conditions that may have contributed to the accident.
- Get contact information. Get the contact and insurance information of the driver, including the policy number, vehicle make/model, and license plate information. You should also get the contact information of any eyewitnesses who can make a statement.
- See a doctor. As soon as possible, see a doctor to get medical attention. You’ll need medical records when you file a claim with the insurance company. Get copies of intake forms, imaging results, lab reports, and doctor’s notes.
- Talk to a personal injury attorney. You should also talk to a bike accident lawyer as soon as possible. Our personal injury law firm can help you gather additional evidence, obtain police reports, coordinate with medical professionals, and negotiate settlement offers.
California Has a Deadline for Filing a Lawsuit
California law (CCP § 335.1) sets a timeframe for initiating legal proceedings after an accident. Most personal injury and wrongful death lawsuits must be filed within two years, though exceptions may apply depending on the case’s specifics.
Not meeting this deadline may result in the loss of your right to fully recover your losses. Seek guidance from a San Jose bicycle accident lawyer to make sure you take the necessary steps within the statute of limitations.
Call Our Experienced Bicycle Accident Lawyers in San Jose
At Omega Law Group, we understand that every bicycle accident case is different, which is why we provide customized legal strategies. Our team of San Jose bicycle accident attorneys will closely listen to your account of the incident and how your life has changed as a result.
After a thorough assessment of your case, we can adapt our approach to meet your specific needs and work towards a favorable resolution. Contact us to share your experience.