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San Jose Bicycle Accidents And How A Personal Injury Lawyer Can Help

San Jose cyclists are passionate about riding our city because they love biking that much. That’s why it’s especially hard to see riders taken off their bikes for weeks or even months after getting struck by careless drivers.

Our local cyclists are owed a “duty of care” no matter if they are in bike lanes or if they are sharing the lanes with traffic. Even cyclists on their way to a bike trail like Lower Guadalupe River Trail or Los Gatos Bike Trail can face traffic dangers trying to reach a trailhead.

Unfortunately, we are likely years away from all frightening vehicle and bicycle encounters being eliminated. When collisions do occur it’s vital that cycling victims receive fast and effective medical care and that they don’t feel like they’ll have to bear their financial burdens alone.

Free Consultation for San Jose Bicycle Accident Victims

After a San Jose bicycle accident, victims can wonder if it’s worth it to battle an at-fault driver’s insurance company for support. When you have questions about your accident case, schedule a free, no-obligation case consultation with a real San Jose Bike Accident Lawyer.

An at-fault driver may owe you far more than just the cost of a new bike. Your injuries could require weeks of care and physical therapy, as well as additional surgeries in the years to come. It’s crucial to make sure these costs and others are included in any settlement you sign off on.

Martin Gasparian, the founder of Maison Law, is an advocate for safe rides for all cyclists. He’s dedicated to seeing that riders get the care they need and are financially supported for every hardship they endure.

Bicycle Accident Dangers in San Jose

2021 turned out to be a devastating year for anyone not in a car, truck, or SUV using San Jose Streets. By December of 2021, 55 people had died in accidents involving a motorcycle, a pedestrian, or someone on a bicycle.

That’s according to San Jose Spotlight after they added up 11 months of accident numbers in 2021. They found that eight cyclists had tragically been killed in accidents through November of 2021.

Over the same time in 2020, five cyclists had been lost. In 2019, seven cyclists were killed in accidents over the same span. The cycling deaths recorded for 2021 could be the worst in a decade for San Jose once the final numbers are in.

The shocking numbers of cyclists seriously injured in these accidents must also be factored in when considering the dangers that local riders face each day. Someone on a bike can be enjoying the sunshine one second, and the next, be on the pavement suffering from a severe injury. When careless drivers are to blame, it’s then critical to make sure the San Jose bicycle accident victim doesn’t face the costs of recovery alone.

What to Do After a San Jose Bicycle Accident Injury

After a bicycle accident, getting your injuries treated and stabilized comes first. But you’ll also want to provide a strong foundation for your case against the careless driver who caused your crash if possible.

This effort becomes vital when you take your case to insurance companies that usually don’t have the injured cyclist’s wellbeing at heart. You’ll need strong evidence from the scene proving what happened and how the driver was at fault.

When your injuries will allow it, you should begin immediately gathering important details on the scene.

  • Call 911. Give a full report to dispatchers and police of what happened. If paramedics think you should go to the hospital, allow them to take you.
  • Grab photos. Document the entire scene, your bike damage, the damage on the car that hit you, and traffic signs. Take photos of any injuries that are visible and any damage to clothing.
  • Note any nearby locations that might have security cameras that recorded your accident. Jot down their addresses.
  • Talk to any witnesses and get their contact information.
  • Exchange information with the driver but don’t make any statements about the fault in the accident or how badly you are hurt. Insurance companies can use these statements against you later.
  • Make an appointment with your physician. Go see any specialists your doctor recommends. Save your medical invoices.
  • Keep any damaged clothing and personal items, including your damaged bike. Don’t wash those clothes or shoes. Don’t throw evidence out.

Common Bicycle Accident Injuries

In 2020, The City of San Jose had completed at least 10 miles of downtown bikeways. These new paths included protected bikeways, bike lanes, and shared lanes on “calm streets.” The project of extending these paths further out into the surrounding neighborhoods of downtown continues in 2022.

These improvements are meant to reduce the risk of biking in the city, but as we can see from the bike accident statistics above, they haven’t slowed the rate of frightening collisions so far.

Defenseless cyclists are still put at risk by careless and reckless drivers on busy roads like South Market Street and Santa Clara Street. These are dangerous stretches, but an accident involving a rider and any vehicle, anywhere, can cause devastating accidents.

These are just a few of the most common injuries treated in emergency rooms in San Jose after bike collisions:

  • Traumatic Brain Injury –A traumatic brain injury (TBI) means a blow to the head has made the brain bump up against the skull. A mild concussion or something more serious can result. Patients can lose memory, experience seizures, and lose control of bodily functions.
  • Amputations – Cyclists can easily lose limbs once they’ve been sent from their bikes. They can land with arms and legs flailing. They are also at risk of being run over by the same car or another car. A limb could be crushed and require surgical removal.
  • Paralysis – An accident may result in the loss of the ability to move parts of the body. A spine injury is a common cause of this loss of control.
  • Broken Bones – Bones in the chest, neck, and shoulders may fracture. Hands, wrists, and arms can break when victims are trying to catch themselves in a crash.
  • Joint Dislocation – Shoulder dislocations are one of the most common outcomes as riders try to absorb an impact with their arms. An Acromio-Clavicular Joint Injury is also possible, stretching the connection between the collar bone and the shoulder blade.
  • Road Rash – A term used for the damage to skin experienced when it comes in contact with the pavement.  In the worst cases, infections can occur and a skin graft may be necessary.
  • Facial and Dental Injury – Cyclists can land on their faces and break facial bones, noses, and jawbones. Patients can have their teeth chipped or have them knocked out.

What Can I Receive Compensation for After an Accident?

With so many unfortunate outcomes possible for victims, it’s absolutely essential to work up a detailed and accurate list of everything you’ve suffered since the accident. This list is submitted to insurance companies and determines what you receive support for. Anything left off this list becomes your financial responsibility.

This list includes economic damages, such as the bills for surgery and hospital stays. It will also include the non-economic damages you and your family have endured, such as the change in family routines your injury may have caused.

Another non-economic damage is the emotional trauma you’ve suffered. This can take the form of fear of returning to the road to ride. It might also include the loss of enjoyment of life you suffer while unable to ride.

These are just a few of the economic and non-economic damages you may secure in an insurance settlement:

  • Past and future medical invoices.
  • Past and future lost earnings.
  • Long-term costs associated with permanent disfigurement and permanent disability.
  • The physical pain and emotional trauma you’ve suffered during your San Jose bike accident recovery.
  • Repairs to Bicycle or Replacement.

Frequently Asked Questions

How long do I have to file a San Jose bicycle accident claim?

Two Years. You have a couple of years before the statute of limitations runs out on your case, however, you should move as quickly as possible. You want your personal injury lawyer gathering evidence and keeping track of witnesses from the very start.

Can I expect compensation if I wasn’t wearing a bike helmet when I was hit?

Yes. A careless driver would still be responsible for some or all of your injury recovery. A judge could assign you some blame for the severity of your injury, but the driver could still owe you a considerable percentage of support.

Will I have to go to court for my bicycle accident case?

Probably not. It’s estimated that over 90% of personal injury cases are resolved through settlements. Insurance companies hate going to court. A lawsuit would only be filed if the insurance company refused to provide you with fair support.

Contact a San Jose Bicycle Accident Lawyer

California cyclists must often suffer through a difficult physical recovery while also worrying about the ever-mounting hospital bills they’re receiving. Martin Gasparian, the founder of Maison Law, wants to make sure victims simply trying to earn what’s fair from a car insurance company never face these battles alone.

Mr. Gasparian works to remove the stress and worry insurance claims can bring while giving victims the peace and quiet they need. He handles all communications with insurance adjusters and allows cyclists time to focus on healing.

Contact Maison Law for a free Bicycle Accident Case Consultation. Find out what your injury is worth and talk over your best path to receiving the support you need to rebuild your life and get back on your bike.

 

 

 

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