Bicycle accident in San Jose?Talk to a lawyer for free.

Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure §335.1). If a VTA bus or train, a City, County or State vehicle, or a hazard in the road or bike lane was involved, a written claim is usually due within six months. Call us early so no deadline slips by.

If anyone is injured, call 911 so police come out and write a report. Get the driver's name, phone number, plate and insurance, and witnesses' names and numbers. Photograph the scene, the car, your bike and your injuries, and keep the bike, helmet and clothes as they are. It's worth seeing a doctor even if you feel fine, and talking to us before you talk to the driver's insurer.

Riders under 18 must wear a fitted, fastened helmet on a bike, an e-bike, a non-motorized scooter or a skateboard (Vehicle Code §21212). Adults don't have to, except on the fastest e-bikes, class 3, where everyone must (§21213). Either way, not wearing a helmet doesn't stop you from making a claim. If the other side argues it made your injuries worse, California's comparative fault rule reduces an award instead of erasing it.

It can count against you, but it doesn't by itself end your claim. California requires bikes to ride with traffic, and San Jose bans riding on the sidewalk on a few downtown streets: San Fernando Street from Cahill to 11th Street, and First through Fourth Streets between St. John and San Carlos, except for children 12 and under, adults riding with them, and riders going around something blocking the bike lane. An insurer may argue you share the blame; under California's pure comparative fault rule, that reduces your award by your share instead of erasing it, and the driver's own mistakes still count.

Mostly. In California an e-bike is a bicycle, so the bike rules apply, and it isn't a motor vehicle: riders don't need a driver's license or insurance. There are three classes; riders of the fastest, class 3, must be 16 or older and wear a helmet. Since 2026, every e-bike needs a red rear reflector or light at all hours. A bike modified to go faster than 20 mph on motor power alone, or past 750 watts, isn't an e-bike under the law, and that can change the rules, so tell us exactly what you were riding.

If a driver caused the crash, they're responsible for your property too: your bike, helmet, phone and clothes. A California policy issued or renewed since 2025 includes at least $15,000 for damage to other people's property. The "uninsured motorist property damage" on your own car policy won't pay for a bike, though: it covers only your insured car (Insurance Code §11580.26). Keep the receipts for your bike, any upgrades and your gear.

Yes. Our office is at 45 E Julian St, San Jose, CA 95112, in downtown San Jose. Come in if you like, or we'll come to you, at home or in the hospital. Call (800) 985-9565 any time, 24/7.

Nothing upfront. Your consultation is free, and no attorney's fees are owed unless we recover compensation for you. You may be responsible for case-related costs and expenses; we'll explain them before you sign.