Close X

San Jose Bicycle Accident Attorney

Contact Here.

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents bicycle accident victims throughout San Jose and Santa Clara County. In 2023 (the most recent year for which data is currently available), 251 cyclists were killed or injured on San Jose roads — ranking San Jose 7th among California's 15 largest cities in bicycle crash victims, according to the California Office of Traffic Safety. Twenty-five of those victims were children under 15, ranking San Jose 5th among comparable cities. Santa Clara County as a whole recorded 540 bicycle victims in 2023, ranking 8th of California's 58 counties. San Jose is a cycling city — and its crash numbers reflect the consequences of putting cyclists on roads that were built primarily for vehicles.

Cyclist Rights and Driver Duties Under California Law

A bicycle operated on a California roadway is a vehicle. Vehicle Code § 21200(a) grants cyclists all the rights and subjects them to all the duties applicable to drivers of vehicles. A driver who strikes a cyclist has the same legal exposure as a driver who strikes another car — the cyclist's mode of transportation does not diminish the driver's duty of care.

Key statutory provisions in San Jose bicycle accident cases:

  • Vehicle Code § 21760 — the Three Feet for Safety Act, which requires a driver overtaking a bicycle to pass with at least three feet of clearance. A driver who passes too close and causes a crash has violated this statute.
  • Vehicle Code § 21801(a) — a driver turning left must yield to a cyclist approaching from the opposite direction, just as to any other vehicle. Left-turn failures are among the most common causes of serious bicycle crashes.
  • Vehicle Code § 22107 — a driver making a lane change must first ascertain that it can be done safely. Dooring a cyclist by opening a car door into the bike lane can give rise to liability under this statute and Civil Code § 1714.
  • Vehicle Code § 21950 — drivers must yield to cyclists in crosswalks, who have the same right-of-way protections as pedestrians when using a crosswalk.
  • Vehicle Code § 22350 — the basic speed law applies to drivers in bike lane corridors and on roads where cyclists are present.

Bike Lanes and the Right to Use the Road

Vehicle Code § 21208 addresses how cyclists use bike lanes — it permits a cyclist to leave a bike lane to pass, prepare for a turn, or avoid obstacles. A driver who drifts into or blocks a designated bike lane may be liable under Civil Code § 1714 if a cyclist is injured as a result. A cyclist's use of the roadway rather than a bike lane does not automatically establish comparative fault; the circumstances determine whether the choice was reasonable.

Helmet Law and Comparative Fault

Vehicle Code § 21212 requires cyclists under 18 to wear a helmet. For adult cyclists, helmet use is not legally required — but the defense will argue that a helmeted cyclist would have suffered lesser head injuries. Under California's pure comparative fault rule established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, any comparative fault reduces recovery proportionally — it does not eliminate the claim. Even a cyclist found partially at fault recovers a portion of proven damages.

Damages

Bicycle accident injuries are frequently severe — head trauma, spinal injuries, fractured clavicles, road rash, and in the worst cases, death. Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Bicycle accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

Attorney Michael Rehm handles bicycle accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

LawLytics