San Jose Bicycle Accident Lawyer
According to the Federal Highway Administration, in the past 12 years, 8,909 cyclists have died across the U.S. Many cyclists are aware of the inherent dangers of bike travel. However, most people don’t expect to be involved in a serious bicycle accident. In the aftermath of a bike accident, the last thing people want to think about is navigating the legal process.
Unfortunately, if you don’t take key steps to acquire proper documentation, developing a strong court case—should you choose to pursue legal action—can be a challenge. If you’ve been involved in a bike accident in San Jose, having a skilled bicycle accident lawyer is essential for ensuring your physical and financial recovery.
In 2018, there were 155 fatal bicycle accidents in California. There are a variety of unique dangers California cyclists face while on the road. While drivers of cars and trucks are protected by seatbelts, airbags, and other safety devices, bikers usually rely on only their helmets to protect themselves. Unfortunately, many drivers of motor vehicles fail to keep an active eye out for cyclists on the road or in bike lanes.
In 2014, California passed a series of laws to protect cyclists from devastating accidents. The law requires drivers—when driving alongside a cyclist—to provide three feet of space between their vehicle and the biker. Additionally, the law prohibits drivers from obstructing a bike lane in any capacity, including driving or parking.
One component of the law many drivers fail to realize is that bikers have a right to move from the bike lane into the road under specific circumstances, including:
- Narrow lanes not wide enough for a driver and biker to share
- Taking left and right turns
- Road hazards and dangers in the bike lane
- Construction closures
Just as drivers have laws they must adhere to for biker safety, cyclists must also follow their own set of safety laws. Under California law, cyclists are required to follow the flow of vehicle traffic unless one of the previously mentioned conditions is present. Additionally, any bicycle that will be operated on a public roadway must meet the following conditions:
- Bicycles must have a brake that allows the cyclist to stop with one wheel on the pavement.
- Bicycles must be the appropriate size for safe operation. In other words, the cyclist should have the ability to put one foot on the ground.
- Any bicycle that operates in the dark must have a white light or red reflector on the back of the bicycle along with reflectors on the pedals.
The liable party in a bicycle accident will depend on the specifics of the crash. In most bike accidents, liability is assigned to the driver. However, if a cyclist ignored traffic signals or was riding on the wrong side of the street, they could potentially be assigned fault in a collision. If you have been involved in a bike accident, the best way to understand the factors at play in your crash is to consult with a skilled personal injury lawyer. An attorney will direct you to a doctor who is skilled in treating Bicycle accidents. These doctors will send you for the proper testing which will allow for more accurate diagnoses. They will document the extent of your damages for insurance companies and a jury, if necessary.
At Adamson Ahdoot, our skilled team of personal injury lawyers will help you navigate the specifics of your bike collision. With more than 100 years of combined experience handling personal injury cases in San Jose, we provide an aggressive approach and unwavering support to our clients. As a smaller firm, we provide our clients with an unbeatable attention to detail.
To schedule a free consultation in either English or Spanish with one of our skilled lawyers, call today at (877) 871-3265 or fill out our online contact form.