Biking is a popular way for people to get to work and enjoy the outdoors in San Jose as in many other communities. Unfortunately, biking accidents are common, and a collision with a motor vehicle can trigger severe or fatal injuries. Understanding where bike accidents happen can help bikers avoid car accidents.
Were you injured recently in a bike accident by another party in San Jose? A bike accident attorney can help you receive compensation for your losses.
Sobering Bicycle Accident Statistics
In 2019, approximately 49,000 bikers suffered an injury in cycling accidents across the US. There were 846 fatalities in biking accidents, which were 2.3 percent of all auto accident deaths. Also, that year, 86 percent of cycling accident deaths were men. Most deadly biking accidents in 2019 happened in cities, and 27 percent occurred at intersections.
You should always speak to a San Jose bicycle accident attorney if a driver’s negligence has injured you. Drivers must watch for bikers on the road and can be sued in civil court for injuring them.
Where Do Most Bicycle Accidents Happen?
In most states, bicycles must share the road with motor vehicles, so there is a higher chance of accidents. The majority of cycling accidents happen in these areas:
Urban Regions
Most cycling accidents happen in urban areas with high population density. Big cities have many factors that can increase the risk of cycling accidents. For example, large cities usually have many cars, leading to more traffic, road rage, and accidents.
Bicyclists are more challenging than motor vehicles, and traffic congestion can increase the chances that drivers won’t see the bikers on the roads.
Intersections
Intersections are the places where roads meet. They are common for bicycle accidents because there is a large mix of car traffic, cyclists, and pedestrians. Many bicycle accidents happen because drivers turn improperly when they don’t see the cyclists coming.
High Traffic Roads
Large cities are seeing more bicycle accidents because of traffic on major roads. Cars and bicycles sharing large roads with limited space and high traffic increase the odds of a severe accident. Drivers should remember that cyclists have the same right to the road as they do.
Roundabouts
Roundabouts are becoming more common in American cities because they allow traffic to keep moving without intersection traffic lights. However, many US drivers aren’t accustomed to roundabouts, and they are risky areas for bikers. Cycling accidents in roundabouts are usually caused by aggressive driving and improper lane changes. Some drivers also forget to use their turn signals when exiting roundabouts, which increases the chances of collisions with bikers and pedestrians.
Parking Lots And Driveways
Driveways and parking lots often have limited sight lines and less space than roads, so there is a higher risk of accidents with cars and cyclists. Drivers usually focus on larger vehicles and may not see bikers in parking lots and driveways.
A common bicycle accident in parking lots is a ‘dooring’ accident where the driver opens the door to a passing cyclist. You can be entitled to compensation in a bike accident lawsuit if a driver strikes you with their door.
Construction Areas
Construction zones are hazardous for bikers because of rough pavement and less room for maneuvering. Both car drivers and cyclists must observe construction areas and stay safe. A biker injured in a construction zone crash can file a claim against the driver and entity that designed or built the construction area.
Experienced bicycle accident attorneys are familiar with bike accidents in the abovementioned areas. A San Jose bike accident lawyer will review the accident details and where it happened to determine if another party is liable for your losses.
How Do Most Bicycle Accidents Happen?
Bicycle accidents occur for many reasons. Many bicycling accidents happen because of a motor vehicle driver’s negligence. If that happens to you, a San Jose biking accident attorney may help you receive compensation for your losses. Common causes of bicycling accidents caused by drivers are:
- Speeding: Car drivers who speed have less time to see and slow down when a cyclist is present. Cycling accidents often happen because a driver is going above the speed limit, hitting the biker, and causing severe or fatal injuries. However, serious biking accidents also may happen at lower speeds. The highest rate of injury occurs when the speed limit is only 25.
- Driving under the influence: Alcohol consumption dramatically increases the chances of a bicycle accident. Drivers who drink have poor responses and judgment. In 2019, about 8 percent of fatal auto accidents involving cyclists were because of a drunk driver.
- Distracted driving: Almost everyone has a cell phone today, and far too many drivers are distracted when behind the wheel. All it takes is to look away from the road for two or three seconds to text for a severe crash to occur. Many distracted driving accidents happen when the driver doesn’t see a cyclist because they look at their cell phone.
- Low visibility: Heavy traffic and limited visibility can make it hard to see bikers, not just darkness. Drivers still must look for cyclists, even if it is dark and visibility is limited.
When Do Most Bicycle Accidents Happen?
NHTSA research states that most fatal bicycle accidents happen between 6 and 9 p.m. Monday through Friday and from 9 p.m. to 12 a.m. on weekends. Drivers should be especially cautious when driving in the evening and night to watch for cyclists. They can be held liable for a cyclist’s injuries if they cause an accident with a cyclist, even if they didn’t see them in the dark. Drivers have a duty of care to drive safely, which includes watching for bicyclists and pedestrians when it is dark.
How Can A San Jose Bicycle Accident Attorney Help?
You believe that a driver’s negligence caused your bicycle accident and injuries. Why should you hire a San Jose bike accident attorney to handle your case? A bicycle accident attorney experienced in personal injury law safeguards your rights in many critical ways. Some of their most important duties that will help your case are:
Understanding The Details Of The Accident
Your attorney will start by carefully evaluating your case during the free consultation. They will ask about the bike crash, how it happened, and who you think caused it. The attorney also will understand the nature of your injuries, financial losses, and how the accident affects your life. For example, you may be unable to work, so you should be compensated.
Investigating The Accident
Next, your personal injury attorney will thoroughly investigate the case. They will do some investigation independently or hire accident reconstruction experts. This is an important role the attorney has because fault must be proven for you to receive compensation. Typical investigation steps are;
- Going back to the bicycle accident scene to take photos, videos, and notes
- Interviewing any eyewitnesses at the crash scene
- Obtaining copies of your medical records and police report
- Reviewing your accident damages, including medical bills and lost earnings
Your bicycle accident attorney will also review the evidence to understand who was liable for the accident. The driver is usually to blame for most bicycle accidents.
Collecting Evidence Of Damages
Convincing evidence must be shown that you suffered extensive damages from the accident. These may include paperwork detailing treatment expenses, prescription drugs, lost earning capacity, past and current lost earnings, pain and suffering, and mental anguish.
Most bicycle accident victims don’t know the full extent of their damages. A skilled San Jose personal injury lawyer will consider your future lost earnings, medical expenses, and pain and suffering to make an appropriate settlement demand with the insurance company.
Informing All Parties
When you retain a personal injury lawyer, they will tell the defendant and their insurance company that they are your attorney. For example, if a car hit you on your bike in an intersection, your lawyer would communicate with the driver’s insurance company so they know who your lawyer is.
The insurance company should deal with your attorney regarding the case, not you. It is helpful so you can focus on recovery. The insurance company talking directly to your attorney also ensures that the insurance company won’t take advantage of you.
Handling The Insurance Company
After the bike accident, the driver’s insurance company may want to contact you. It might seem normal, but the insurance company isn’t calling you to be nice. They want something from you, such as:
- Encouraging you to say something that damages your claim. For instance, you might say the accident was partly your fault, even if it wasn’t. This can be used to reduce the amount you are paid.
- Asking you for a recorded statement. Don’t agree to have your statement recorded because it will be used to undermine your case. Instead, politely decline and refer the insurance adjuster to your attorney.
- Downplaying your damages and injuries.
You are best served by having your bicycle accident attorney handling the insurance company while you focus on getting better. After the claim is filed, the insurance company will probably respond with a low settlement offer. Let your attorney deal with that, too. They can counter with their own settlement offer. This process may continue for a few weeks until the insurance company makes its final offer.
Going To Trial, If Needed
Most bicycle accident claims are settled out of court. Most bicycle accident victims want a quicker settlement to get money in their bank account. Insurance companies usually want to settle to avoid the risk of the jury awarding you more than a settlement would. Juries are known to sympathize with seriously injured accident victims. They probably won’t take kindly to a big insurance company trying to shortchange you, so the trial is a substantial risk for the insurer.
However, cases occur where the plaintiff and defendant are too far apart on a settlement figure, so going to trial may be necessary. Your skilled bicycle accident attorney will know how to prepare your case for trial and will present the best case to the jury.
The bicycle accident claim and lawsuit process is long and complex. Many things can go wrong if you aren’t experienced in personal injury law, insurance negotiations, and the local courts. You are best off trusting your case with an experienced bicycle accident attorney. They will maximize your compensation during your recovery.
Plus, you don’t need to pay out of pocket for your attorney’s services. Most personal injury attorneys are paid a percentage of your financial recovery, so you don’t pay hourly fees. Talk to your personal injury attorney about their fee and whether they cover legal expenses.
How Much Will Your Settlement Be?
Every bicycle accident claim is different from the last. Your claim can be worth one amount, and a similar one can be worth another. Several critical factors influence the size of a bicycle accident claim:
- Injury severity: Serious injuries always lead to a higher case value. A broken arm is worth more than a sprained wrist, and a broken back is worth more than a broken ankle. Severe injuries necessitate higher medical bills, lost work time, and pain and suffering.
- Lost work time: A severe back injury with nerve damage can prevent you from working for years or forever. The case value will be greater than if you sprain your back and miss 10 days of work. A severe injury can require compensation for lost earning capacity, too.
- Pain and suffering: Serious bike accident injuries can cause you great pain. Road rash that affects underlying tissue is an excruciating injury, and your pain and suffering compensation may be higher than if you fractured your forearm.
Contact A San Jose Bicycle Accident Attorney Today
When a bicyclist is hit by a car, you may suffer severe injuries that affect your ability to live, work, and enjoy life. Most bicycle accident injuries lead to devastating injuries, and you will need maximum compensation to get back on your feet. Have an experienced San Jose bicycle accident attorney review your case. You can receive compensation for medical bills, lost earnings, and pain and suffering.
