Bicycle Accident Lawyer in San Jose

Understanding Bicycle Accident Claims

Unlike drivers, bicyclists have little protection in a collision. Even at low speeds, a crash can lead to broken bones, head injuries, road rash, or long-term pain. 

Two locations show up repeatedly in local crash reporting: the intersection of South Sixth Street and Reed Street, and the Senter Road and Tully Road corridor. Downtown San Jose and the area around San Jose State University saw 97 crashes on their own in that same decade, with 92 injuries and one death.

Many bicycle accidents involve negligence, which means a driver failed to use reasonable care. This could involve a distracted or speeding driver, or a motorist who fails to follow traffic laws intended to protect cyclists. 

Proving negligence requires clear evidence and documentation, along with a strong understanding of how California law applies to bicycle accidents. An injury attorney at a San Jose law firm, like Hann Law Firm, reviews all available details. Police reports, medical records, witness statements, and even traffic camera footage may all play a role in building a case that clearly shows responsibility. 

bicycle accident

The Traffic Laws That Decide Fault

Insurers sometimes argue that a cyclist wasn’t visible enough, or wasn’t riding far enough to the right, to shift blame away from the driver. California’s traffic code works against that argument in a few specific ways. 

Under the Three Feet for Safety Act (California Vehicle Code 21760), a driver passing a cyclist going the same direction must leave at least three feet of space, or slow down until it’s safe to pass. A driver who cuts it closer than that, not the cyclist, is the one presumed to have broken the law.

California Vehicle Code 22517 also puts the duty on drivers and passengers, not cyclists, when it comes to opening a car door into traffic. Dooring a cyclist is a violation regardless of whether the vehicle was legally parked at the time.

It helps to consult a lawyer soon after a bicycle accident. Early guidance can protect a claim and help you avoid mistakes, like giving a recorded statement to an insurer before you understand what it commits you to.

san jose premises liability lawyer

What Compensation Can You Seek?

Compensation in bicycle accident cases is meant to cover the financial impact of the injuries. While every case is different, compensation may include payment for medical expenses, follow-up care, physical therapy, and lost income. In some situations, it addresses the emotional strain and changes to daily life caused by the injuries.

Insurance companies often offer payouts or settlements that don’t fully reflect the impact of the accident. Working with a bicycle accident lawyer in San Jose can help level the playing field.

How Hann Law Firm Helps Injured Cyclists

Contact Hann Law Firm Today

Hann Law Firm represents clients across many other areas of law beyond bicycle accidents. The Law Firm in San Jose, CA page lists the full range of practice areas.

Family Lawyers in San Jose, CA
Divorce Lawyers in San Jose, CA
Child Custody Lawyers in San Jose, CA
Criminal Lawyers in San Jose, CA
Civil Lawyers in San Jose, CA
Business Lawyers in San Jose, CA

Frequently Asked Questions

Cyclists in San Jose tend to ask the same handful of questions after a crash. Here is what the law says.

A cyclist riding in a marked bike lane generally has the right to be there, and California’s Three Feet for Safety Act (Vehicle Code 21760) requires a driver passing in the same direction to leave three feet of space or slow down until it’s safe to pass. A driver who merges into a bike lane or turns across one without checking for a cyclist is often the one at fault.

California Vehicle Code 22517 makes it illegal for a driver or passenger to open a car door into moving traffic unless it’s safe to do so, regardless of whether the vehicle is legally parked. A dooring incident like this is usually strong evidence that the driver or passenger, not the cyclist, was at fault.

California only requires a helmet for cyclists under 18 (Vehicle Code 21212). If you’re an adult who wasn’t wearing one, there’s no specific law you broke, though an insurer may still try to argue you weren’t using reasonable care. A lawyer can push back on that argument case by case.

Most bicycle accident injury claims must be filed within two years of the crash date under California’s CCP 335.1. When a government agency, like the city, played a role in the crash through a hazardous bike lane or missing signage, a much shorter claims window applies before any lawsuit can proceed. Physical evidence at the crash scene fades fast, so starting the process early matters.