Contact Scher, Bassett & Hames Today
In California, there have been an increasing number of pedestrian and bicycle accidents throughout the last 10 years. As more and more cars are on the road, the chances of a pedestrian or bicyclist being the victim of an accident increase dramatically. If you have been injured by a vehicle in a pedestrian or bicycle accident, you should hire an experienced pedestrian or bicycle accident lawyer to increase your chances of a favorable outcome for your claim.
Our experienced bicycle accident attorneys at Scher, Bassett & Hames can assist you in filing a personal injury claim for compensation after your accident. Call us today to set up a free consultation with our bicycle accident attorneys.
Investigating Fault in San Jose Bicycle Accidents
As part of your personal injury claim after a pedestrian or bicycle accident, your personal injury lawyer will investigate the accident to determine who is at fault. This may include requests of reports and documentation from police or first responders at the scene, witness interviews, consulting with experts or private investigators, and reconstructing certain elements of the accident. Your attorney may also investigate whether the city is at fault due to poorly labeled signage, faulty traffic lights, or poorly maintained roadways at the site of the accident. When filing a claim, your attorney can file against more than one at-fault party for the best chance of a successful outcome.
Types of Bicycle Accidents
Pedestrian or bicycle accidents that are most likely to be the fault of the driver of a car or other vehicle include:
- Failure to see a cyclist or pedestrian
- Error in judgment or operation of vehicle
- Intentional collision
- Impairment while operating a vehicle
Pedestrian or bicycle accidents that may be the fault of the pedestrian or bicyclist include:
- Pedestrian or cyclist doesn’t see the vehicle and walks or rides into its path
- Error in judgment results in collision
- Impairment affects the judgment of pedestrians or bicyclists, resulting in a collision
Pedestrian or bicycle accidents in which neither party is at fault may include:
- Poor visibility
- No signage, poor signage, confusing signage, or obstructed signage
- Poorly maintained roadways or sidewalks
- Improperly operating traffic lights
- Poorly maintained or not visible crosswalks or pedestrian roadways
- Poorly maintained or not visible bike paths or bike lanes
- Mechanical failure of vehicle or bicycle
- Weather conditions or act of God
- Interference of a third party, such as an animal in the roadway
How California Bicycle Laws Affect Your Case
In California, bicycles must follow the same rules of the road as all other vehicles. Bicycles must:
- Follow the California Vehicle Code
- Go with the flow of traffic
- Ride on the right side of the road
- Use the bike lanes
- Follow stop signs and other traffic signs
- Follow traffic signals
- Yield to pedestrians
- Not operate a bicycle while impaired
- Use safety equipment when riding at night
- Do not stop in a crosswalk
- Wear a helmet
- Leave one ear uncovered
- Have a bike of regular size, in good working order, and with working brakes
- Cannot carry passengers unless there is an intended, affixed seat for the passenger
- Cannot ride on sidewalks or the freeway
- Cannot operate on toll bridges
If you are not following the above rules, you may not be eligible for compensation after a bicycle accident. A lawyer for bicycle accidents can help you determine if you have a case.
Compensation for Wrongful Bicycle Accident Injuries
If another party is found to be at-fault for your bicycle accident injuries, you may be successful in recouping costs due to lost wages, medical bills, and physical property damage. If you hire an experienced bicycle accident lawyer, you may also have success in seeking compensation for pain and suffering and punitive damages. You can file an insurance claim, but that may limit your chances of recovery in court of other types of damages.
How a Bicycle Accident Attorney Can Help
A bicycle accident attorney can help by investigating the cause of the accident, gathering evidence, filing the appropriate documents in court, handling settlement negotiations on your behalf, and preparing you for depositions, interviews, medical exams, and court appearances. You may have a better chance of a successful outcome in court or a higher settlement amount if you hire a bicycle accident attorney.
Why Choose Us?
When you choose Scher, Bassett & Hames as your slip and fall lawyers in San Jose, CA, you’re getting a highly experienced team of legal experts who know the California legal system. We will take care of filing a claim for damages, and we have decades of experience in handling slip and fall accidents, so we can give you the best chance of a successful outcome in court.
Call Scher, Bassett & Hames
After a slip and fall accident in San Jose, CA, contact us at Scher, Bassett & Hames for a free consultation. Our slip and fall attorneys have been providing legal counsel and representation to clients in the Bay Area since 1955, and we are well-equipped to handle all aspects of your slip and fall case. To set up a free consultation or to learn more about our slip and fall attorneys, call us or contact us online.