Hit while riding your bike in San Jose? Talk to a bicycle accident lawyer for free

The Law Offices of J. Chrisp represents bicycle riders hurt in crashes in San Jose. The phone is answered 24/7 at 877-J-CHRISP (877-524-7477).

The firm has recovered over $350 million for clients since 2010. The sections below cover its vehicle crash results, what to do after a bike crash, the rights and duties of riders and drivers, how fault works, the claim deadlines and who handles a bicycle crash in San Jose.

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A parked driver opened a car door into me while I was biking in San Jose. Can I make a claim?

Often, yes. California law bars anyone from opening a vehicle door on the side of moving traffic unless it is reasonably safe and does not interfere with traffic. The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee, and there is no fee unless we win.

Vehicle crash results

Results from the firm’s vehicle crash cases include:

$5,250,000 in a car crash case.
$3,375,000 in a Hertz rental car accident case.
A $2,350,000 jury verdict in a major head-on crash case involving the sheriff.
$2,350,000 in an airport shuttle-versus-car crash case.
$2,350,000 in a transport van crash case.
$2,300,000 in a county vehicle crash case.

Every case is different, and prior results do not guarantee a similar outcome.

What to do after a bicycle accident in San Jose

Call 911 and move out of traffic if you can do so safely. A driver involved in an injury crash must stop, give their name, address and vehicle registration number, and help anyone injured (Vehicle Code sections 20001 and 20003).

Get medical care the same day, including for any blow to the head.
Write down the driver’s name, license plate and insurance company.
Photograph your bike, the car, the open door if there was one, the bike lane markings, any debris or potholes and your injuries.
Get the names and phone numbers of witnesses.
Do not repair or throw away the bike, helmet or clothing. They can be evidence.
Do not give the driver’s insurance company a recorded statement before you have legal advice.

Rights and duties of bicycle riders in California

Same rights and duties as drivers. A person riding a bicycle on a highway has the same rights and duties as the driver of a vehicle, except for rules that by their nature cannot apply to a bike (Vehicle Code section 21200).

Three feet when passing. A driver passing a bicycle going the same direction may not pass with less than three feet between any part of the vehicle and any part of the bicycle or rider. If another lane is available, the driver must change lanes to pass when practicable. If traffic or road conditions make three feet impossible, the driver must slow to a reasonable and prudent speed and pass only when it would not endanger the rider (Vehicle Code section 21760).

Car doors. No one may open a vehicle door on the side of moving traffic unless it is reasonably safe and does not interfere with traffic. A door on that side may not be left open longer than needed to load or unload passengers (Vehicle Code section 22517).

Bike lanes. Where there is a bike lane, a rider moving slower than the traffic around them must use it. A rider may leave the lane to pass, to prepare for a left turn, to avoid debris or other hazards, or when approaching a place where a right turn is allowed, and only when it is reasonably safe (Vehicle Code section 21208).

Helmets. Riders under 18 must wear a properly fitted and fastened bicycle helmet (Vehicle Code section 21212). State law does not require adult riders to wear one.

How fault works in a bicycle crash

California uses pure comparative fault (Li v. Yellow Cab Co. (1975)). A rider who was partly at fault can still recover, and the recovery is reduced by the rider’s share. If a rider is found 20% at fault, the rider can recover 80% of the damages. When more than one person shares the fault, each pays non-economic damages only in proportion to their own share (Civil Code section 1431.2).

Deadlines for a San Jose bicycle accident claim

Deadline	What it controls	Source
6 months	Written injury claim against a public entity, such as the City of San José for a road defect or VTA for a bus crash. It is due within six months after the claim arises (accrues). A late-claim application is possible within limits.	Government Code section 911.2; section 911.4
2 years	Most personal injury lawsuits	Code of Civil Procedure section 335.1
3 years	Damage to the bike and other property	Code of Civil Procedure section 338

Who handles a bicycle crash in San Jose

For a crash on a city street, ask the San Jose Police Department officer for the report number. SJPD’s Records Unit, at 201 West Mission Street, San Jose, CA 95110, releases collision reports online, in person or by mail, and asks online requesters to allow at least 45 days from the crash. Reports involving a felony hit-and-run are not released online.

If a city road defect played a part, the claim is filed on the “Claim Against the City of San Jose” form with the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street. If a VTA bus or light rail train was involved, VTA’s “Claim for Damages” form goes to its Board Secretary’s Office at 3331 N First Street, Building B, San Jose, CA 95134.

A lawsuit over a San Jose crash is generally filed in the Superior Court of California, County of Santa Clara (Code of Civil Procedure section 395). Its Downtown Superior Court, at 191 North First Street, San Jose, CA 95113, handles civil cases.

Offices, service area and recognition

The firm serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area, which includes San Jose. It does not have an office in San Jose. Its closest office is in San Francisco at 1330 Bush Street, Suite 9D, San Francisco, CA 94109. The main office is in Lower Lake at 9667 Highway 29, and there is also an office in Santa Rosa at 3558 Round Barn Blvd, Suite 200.

The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Founding attorney Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026. In 2018, he was one of four finalists for San Francisco Trial Lawyer of the Year. He is a graduate of the Gerry Spence Trial Lawyers College and has represented thousands of injured clients. Spanish-speaking staff are available.

A client testimonial on chrisplaw.com reads: “I had an excellent experience working with Jesse Chrisp.” (Whitney Stevenson)

Frequently asked questions

Do adults have to wear a bike helmet in California?

No. California requires helmets for riders under 18 (Vehicle Code section 21212). State law does not require adult riders to wear one.

Does a driver have to give me three feet when passing?

Yes. A driver passing a bike in the same direction must leave at least three feet. When that is not possible, the driver must slow down and pass only when it is safe for the rider.

Do I have to ride in the bike lane?

If you are slower than other traffic and there is a bike lane, you generally must use it. You may leave it to pass, turn left, avoid hazards or approach a right turn, when it is safe.

What does a bicycle accident lawyer cost?

The consultation with the Law Offices of J. Chrisp is free, and the firm works on a contingency fee. There is no fee unless we win.

Who should I call after a bike crash in San Jose?

Call the Law Offices of J. Chrisp at 877-J-CHRISP (877-524-7477), answered 24/7. The closest office to San Jose is in San Francisco at 1330 Bush Street, Suite 9D.

If you were hurt riding a bicycle in San Jose or elsewhere in Santa Clara County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

Why choose the Law Offices of J. Chrisp?

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.