When you’ve been run over by a car as a cyclist, you’re going to have significant medical bills and other damages that need to be compensated. Get everything you’re owed by working with a San Jose bicycle accident lawyer.
A bike accident can happen suddenly. You are out riding your bike, adhering to the rules of the road and minding your own business; then, all of a sudden, you are hit by a negligent driver who was checking his or her phone. Bicycle accidents involving motor vehicles often leave victims with life-altering injuries, incredibly high medical bills and overall changes to their daily lives.
If you were involved in a bicycle-car crash and are not sure how to move forward, one of our San Jose bicycle accident lawyers from Bohn & Fletcher, LLP can help you. We will use our extensive knowledge regarding state and federal laws and our experience with cases similar to yours to help you obtain the compensation you deserve. That leaves you with more time to focus on your recovery and moving forward with your life.
What Rights Do Bicyclists Have on the Road?
One of the most common reasons bicyclists find themselves the victim of an accident is due to the negligence of car drivers. There is a common stigma regarding bicyclists sharing the road with drivers: Car drivers often falsely believe they have the right-of-way, no matter the circumstance. However, that could not be further from the truth. The reality is that bicyclists are awarded the same rights and privileges while they are on the road as their automotive peers.
As such, motorists are required to grant you the right-of-way and adhere to the same safety standards as they would for any other motorist. If they do not and you are injured as a cyclist, you have the right to seek compensation for your damages and injuries with the help of a San Jose bicycle accident lawyer.
How Is Fault Determined in a Bicycle Accident?
The evidence that is collected at the scene of the accident will help immensely in building your bicycle accident case. Evidence that may be used to help your case can include witness statements, pictures of the site of the accident, pictures of any injuries you sustained immediately after the crash and the police report that was filed at the scene.
The following are some of the most common factors that will be considered when investigating the negligent driver:
- Right-of-Way Violations – An automobile driver must respect a cyclist’s right-of-way. For example, if an automotive driver made a left-hand turn when you had the right-of-way and you were injured as a result, then the motorist could be held liable.
- Speeding – There is a massive difference between the size of a car and the size of a bicycle. When speed is a factor in a bicycle accident involving a motor vehicle, the injuries are consistently more serious and could even result in wrongful death. If a motorist was speeding and hit you while you were riding your bike, then he or she could be held responsible for damages.
- Distracted Driving – All it takes is one small bump from a car going 30-35 miles per hour to a bicycle to cause serious injuries for the cyclist. If the driver wasn’t paying attention, whether due to cell phone use or looking for something in the car, your San Jose bicycle accident lawyer will find any available evidence to prove the distraction.
These and other factors will be considered when you file a personal injury claim against a negligent driver. As mentioned, if you are able to at the time of the incident, then it is advisable that you take pictures and gather contact information from any witnesses. The more evidence gathered, the better your chances of receiving a favorable outcome.
We Help Victims Win Compensation for Wrongful Bicycle Accident Injuries — Call Today
Your San Jose bicycle accident lawyer will be crucial in helping you obtain the most compensation for your damages. Our firm will ensure that you are not intimidated into accepting an unsatisfactory payout during the negotiations process. If a fair pre-trial settlement cannot be achieved we are ready to take your case before a jury to demand a fair award for your losses.
Some of the types of damages your attorney may be able to win for you are as follows:
- Medical bills (past future)
- Physical Pain (past and future)
- Property damage (including funds to purchase a new bicycle)
- Loss of income (and future earning potential)
- Mental suffering (including ongoing emotional distress)
After your bike accident, your energy should be focused on fully recovering and putting the pieces of your life back together. Do not take on the stress of handling the claims process alone — let the legal team at Bohn & Fletcher, LLP help. When you retain the services of our firm, you are not just investing in the skills, experience and knowledge that our attorneys have to offer —you are investing in the best possible outcome for your case.
If you would like to schedule a free consultation to discuss your case with one of our San Jose bicycle accident lawyers, then give us a call at 408-279-4222. You can also reach us through our online contact form at the bottom of this page.