How Does Venardi Zurada Handle Bicycle Accidents in San Jose?
After a bicycle crash, you may know that someone made a dangerous turn or struck you without knowing exactly how you will prove what happened. Venardi Zurada can step in to investigate the collision, preserve important evidence, and determine who may be responsible while you focus on your recovery.
Our bicycle accident attorneys in San Jose can review medical records, document the accident scene, speak with witnesses, and seek photographs or available surveillance footage. Depending on what caused the crash, we can investigate a negligent driver as well as a company, government entity, or another party whose actions contributed to your injuries.
We also handle communications with insurance companies and evaluate how the accident has affected you financially and personally. Our goal is to build a claim that reflects what you have lost and pursue a fair resolution through negotiation or, when necessary, trial.
Our Firm’s Approach to Bicycle Accident Claims
Venardi Zurada combines decades of trial and litigation experience with personalized representation for injured people throughout the Bay Area. Founded by trial attorneys Mark Venardi and Martin Zurada, our firm has offices in Oakland and Walnut Creek and has recovered more than $100 million for clients.
That experience does not change the personal approach we take to individual cases. We listen to how the accident has affected your health, work, family, and future, then build our representation around what you need to move forward.
Our connection to the Bay Area also extends beyond our legal work. We remain involved in the community through organizations and programs that support people throughout Northern California.
Compensation We’ve Obtained for Our Bicycle Accident Clients
- $650 Thousand Bicycle Accidents: A driver struck and injured an avid bicyclist who tried conservative treatment but eventually needed a knee replacement surgery.
- $1 Million Bicycle Accidents: Our client was riding her bike when a driver turned right and struck her causing fractured patella and large cut on her neck.
- $400 Thousand Bicycle Accidents: Our client was riding his bicycle when a car failed to stop while exiting a parking garage and hit our client causing life altering injuries.
How Is Liability Determined After a Bicycle Accident?
Liability after a bicycle accident depends largely on what caused the crash and who was responsible for preventing it. A motorist may be liable after failing to yield, making an unsafe turn, driving while distracted, or otherwise putting a cyclist in danger.
When damaged pavement, debris, or another unsafe roadway condition causes a crash, responsibility may instead involve the government entity responsible for maintaining that area. Determining whether a city is responsible for a bicycle accident can depend on factors such as who controlled the property, what made the condition dangerous, and whether the appropriate entity had notice of the hazard.
For example, if a distracted driver sideswipes a cyclist while changing lanes on Monterey Road, the driver’s conduct may become central to the claim. Determining responsibility would involve examining the circumstances surrounding the collision and whether the driver failed to use reasonable care around the cyclist.
What Happens to Your Claim if You’re Partially at Fault?
A driver or insurance company may argue that something you did contributed to the bicycle accident. That does not necessarily prevent you from seeking compensation.
Comparative negligence in California allows responsibility for an accident to be divided among the people involved. If you are found partly responsible for the crash, your compensation may be reduced according to your share of fault.
For example, an insurer might argue that a cyclist failed to signal, entered an intersection improperly, or was not riding where expected. The full circumstances of the collision still matter, making evidence of both the cyclist’s and the driver’s actions important when evaluating fault.
What Local Laws Could Affect Your San Jose Bicycle Accident Claim?
California bicycle laws govern how cyclists and motorists share the road, and those rules can become important when determining responsibility after a collision. E-bikes are also subject to requirements that can differ depending on the type of bicycle and the rider.
Understanding which rules apply can help establish whether someone violated a roadway obligation and how that conduct may affect your bicycle accident claim.
San Jose Filing Deadlines for Bicycle Accident Claims
The statute of limitations for personal injury cases in California generally gives an injured person two years from the date of injury to file a lawsuit. Waiting until the deadline approaches can make it more difficult to locate witnesses, preserve video footage, and gather other evidence that may help establish what happened.
Different deadlines may apply in some cases, particularly when a claim involves a government entity. Missing an applicable filing deadline can prevent you from pursuing your claim, making it important to determine the correct timeline early.
San Jose Bicycle Laws
Bicyclists using San Jose roads generally have many of the same rights and responsibilities as drivers. That means riders must follow applicable traffic signals, signs, right-of-way requirements, and other roadway rules.
California law also requires motorists to account for cyclists when sharing the road. When passing a bicycle traveling in the same direction, drivers are generally required to provide at least three feet of space between the vehicle and the bicycle when circumstances allow. Drivers who cannot provide that distance must slow to a reasonable and prudent speed and pass only when doing so will not endanger the cyclist.
Questions about lane splitting for bicycles can be more complicated. California does not authorize cyclists to lane split under the same rules that apply to motorcycles. How a cyclist was positioned or moving through traffic may still become relevant when evaluating the circumstances surrounding an accident.
San Jose E-Bike Laws
California divides qualifying electric bicycles into three classes based largely on how the motor provides assistance and the speed at which that assistance stops:
- Class 1 e-bikes: The motor assists only while the rider is pedaling and stops providing assistance at 20 mph.
- Class 2 e-bikes: The motor can propel the bicycle without pedaling, but stops providing assistance at 20 mph.
- Class 3 e-bikes: The motor assists while the rider pedals and stops providing assistance at 28 mph.
The type of e-bike can affect the rules and requirements that an operator must follow. However, California generally requires bicycle helmets for all riders under 18, regardless of whether they are on a bicycle or an e-bicycle. Class 3 e-bike riders may also be subject to additional helmet requirements.
These distinctions can matter after an e-bike collision because the bicycle’s classification and where it was operated may affect which rules applied at the time of the accident.
Why Choose Venardi Zurada to Fight for You?
A cyclist and a vehicle do not enter a collision on equal footing. The cyclist is usually the one who leaves with the injuries, while the driver may leave with little more than damage to a vehicle. That imbalance should not continue when it comes time to tell the story of what happened.
After a crash, the driver may have an insurance company protecting its interests from the beginning. As a San Jose law firm, Venardi Zurada gives you someone focused on you. We can challenge attempts to minimize what happened, account for the ways your injuries have changed your life, and pursue the party responsible for the harm you suffered.
You deserve the opportunity to be heard before an insurance company decides what your accident is worth. Call 833-893-6763 or use our online form to schedule a free consultation with Venardi Zurada. No fee unless we win.
"Helpful, Caring, and Effective"
Great firm. Terry Buller advised me on a medical malpractice issue. While I ended up not pursuing a claim, he was very helpful, thorough, and caring. I was so impressed that I later referred a friend who had been injured in a bicycle accident. Terry (a cyclist) and Christina Souza provided excellent service, resulting in a successful settlement. I hope I don’t need to, but I would use them again in a heartbeat.
"Highly Recommended for Injury Cases"
I just want to say that Ryan Kraft and Christina Souza are amazing and excellent at what they do. I’m very grateful for their help and would definitely recommend anyone dealing with an injury case to them. They will get the job done!
Natashia K.
"Support for the Latino Community"
Best personal injury firm! There are a lot of Spanish speakers who can better assist the Latino community.
Silvia P.
Meet Our Team
Frequently Asked Questions
Who Is Held Legally Liable in a “Dooring” Accident Where a Parked Driver Opens Their Car Door Into an Oncoming Cyclist’s Path?
Liability for a bicycle dooring accident may fall on the person who opened the vehicle door into the cyclist’s path. Evidence showing where the vehicle was parked, when the door opened, the cyclist’s position, and whether there was enough time to react can help determine responsibility for the collision.
What Legal Options Exist if a Bicyclist Is Injured in a Hit-and-Run Crash in the Greater San Jose Area?
A bicyclist injured in a hit-and-run may still have options even when the driver is not immediately identified. Available insurance coverage and evidence that may help identify the vehicle should be investigated before determining which avenues for compensation may be available.
How Can a Lawyer Obtain Footage From Surrounding Business Security Cameras, Residential Ring Cameras, or VTA Bus Dashcams?
A personal injury lawyer can identify potential sources of video near the crash and make timely requests to preserve and obtain available footage. Because businesses, residents, transit agencies, and other entities may follow different retention policies and procedures, acting quickly can improve the chance that useful footage remains available.
What Financial Compensation Can Surviving Family Members Recover Through a California Wrongful Death Lawsuit if a Cyclist Is Killed by a Motorist?
Compensation in a California wrongful death case can address qualifying financial and personal losses suffered by surviving family members after a fatal bicycle accident. The damages available depend on the circumstances and may include lost financial support, funeral expenses, and the loss of the deceased’s companionship and support.
Why Is It Important to Keep the Damaged Bicycle, Torn Clothing, Cracked Helmet, and GPS or Strava Tracking Data Intact After a Crash?
Preserving your bicycle, clothing, helmet, and any available GPS or Strava data can help preserve evidence of how a bicycle accident occurred. Damage patterns, the condition of safety equipment, and recorded information about the ride may later help establish the cyclist’s location, movement, injuries, or the circumstances surrounding the collision.
