More and more people are turning to bicycling as a major form of transportation.
However, because there is very little protection for a rider involved
in a bicycle accident, the injuries that can result are very severe. Bicyclists
are typically known for being very aware of their surroundings and the
proper safety rules to follow, and it is usually the automobile drivers
who are to blame for accidents involving bicycles.
Negligent motorists have been known to cause bike accidents by opening
a door into a cyclist's path or by failing to notice the bicyclist before
making a turn. If you have suffered injuries in a serious bike accident,
talk to a bicycle accident attorney in San Jose at Habbas & Associates
to learn if you have the right to seek compensation.
Common Causes of Bike Accidents
According to a study by the US Department of Transportation, a majority
of bicycle accidents are caused because of a failure to yield the right-of-way
at an intersection by a motorist. This was followed by accidents resulting
from motorists unexpectedly turning or merging into the path of a cyclist,
and motorists overtaking bicyclists also caused a fair number of accidents
as well. In addition, some bicycle accidents are caused by defective repair,
design or manufacture of their bicycle or their components.
Can You Sue If You Get Hit By a Car On a Bike?
Whether or not you have a case will depend largely on the facts of your
accident. Specifically, who was found to be at fault for the accident
occurring. If the driver was found to be driving negligently or aggressively,
you may have grounds to file a lawsuit against them or their insurance
company. However, if you were found to be breaking the rules of the road
by riding recklessly or breaking traffic laws, you may have more difficulty
filing a claim against the motorist. If you are unsure about who was at
fault for the accident, our bicycle accident lawyers in San Jose can help
analyze the details of your case and determine whether or not you have
grounds for a bicycle accident lawsuit.
What to Do if You're In a Bicycle Accident
If you have been injured while riding your bike and are considering pursuing
legal action, you should take the following steps to help build a strong case:
- Speak to police as soon as they arrive at the scene, be sure to tell them
exactly what happened so they can write it in the accident report
- Collect contact information for any individuals who witnessed the accident,
as well as contact details for the driver
- Keep careful documentation of your injuries and the treatment you receive
(both photo and written documentation)
- Do not repair your bicycle or other damaged property until you have concluded
your case; take photos of any damages
- Speak with a professional San Jose bicycle accident lawyer about your accident;
we can help you determine what your next step needs to be
Bicycle Laws in California
Where can you ride your bike?
In most cases, if you are keeping up with the speed of traffic you are
permitted to ride on the road. If you are not able to keep up with the
flow of traffic, you may "take the lane" if the lane is too
small for a bicycle and a car to share safely. If a bicycle lane is present
on a roadway, you must use it if you are traveling slower than the flow
of traffic except in cases where you are passing, making a left-turn or
avoiding road hazards (read more here).
In general, cyclists are not permitted to ride in the following areas (unless
specifically allowed by your city DOT):
- Toll bridges
How a San Jose Bike Accident Lawyer Can Help
The dedicated team of personal injury attorneys at Habbas & Associates
has been protecting the rights of victims in San Jose for over 175 years.
We passionately pursue compensation for individuals and families who have
gone through needless pain and suffering. You may be suffering from head
trauma, fractures, severed limbs, road rash and other severe injuries
and we are here to help.
Contact a bike accident attorney in San Jose at Habbas & Associates
now to schedule your