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Bicycle accident can be severe and even fatal. Legal issues in bicycle accidents can be different than the issues in car accidents, so these cases demand the assistance of a bicycle accident attorney with knowledge in this field of bicycle accidents law. Although bicycle accidents can occur because of manufacturing defects of the bicycle, negligently-maintained premises, or unsafe road conditions, many bicycle accidents occur after a collision with another vehicle on the road.
Riding your bicycle should not be dangerous. Whether you ride your bike to work, you ride for exercise or you simply ride for pleasure, you should not have to worry about other people putting you in harm’s way. Unfortunately, as our bicycle accident lawyers know all too well, this is not the case. Bicycle accidents are common, and they often leave riders suffering from severe traumatic injuries.
Most cars have safety features and are meticulously tested and retested for their ability to withstand the forces generated in a crash. In contrast, bicycles offer no real protection to their riders. It is no surprise, then, that when a car and a bicycle collide, the bicyclist usually sustains greater injuries. Unfortunately, many drivers are unaware that they must share the road with bicycle riders. In 2014 the State of California enacted California Vehicle Code section 21760 which requires a driver of a motor vehicle to keep a distance of at least 3 feet between any part of the motor vehicle and any part of the bicycle or its operator when overtaking or passing a bicycle proceeding in the same direction. Even if you, the bicycle rider, are careful and follow bicycle laws, you may still find yourself involved in an accident that is not your fault.
California also has a bicycle helmet law for persons under the age of 18. According to California Vehicle Code Section 21212(a), people under 18 years of age shall not operate a bicycle unless they are “wearing a properly fitted and fastened bicycle helmet.” Although there is no helmet requirement for individuals who are 18 and older, it is always a good idea to wear one. According to the National Highway Traffic Safety Administration(NHTSA), a properly fitted helmet is the single most effective way to prevent a brain injury in case of a bicycle accident.
According to our bicycle accident attorney, some of the most common causes of bicycle accidents involving motor vehicles include:
Dooring accidents occur when an occupant of a vehicle quickly opens their door, unaware that a bicyclist is approaching. These accidents usually happen so fast the bicyclist does not have time to react and hits the door at full speed. While the damage to the vehicle may be minimal, injuries to the cyclist can be severe.
Sideswiping occurs when a motor vehicle driver is not observant and does not see a bicyclist in a neighboring lane. The motor vehicle driver then switches lanes, and the side of their vehicle collides with the bicyclist. The injuries in these types of accidents can be catastrophic.
A bicycle legally stopped at a red traffic signal or stop sign always runs the risk of being rear ended by a motor vehicle. These types of accidents usually cause the bicycle rider to be thrown off the bicycle and violently collide with the pavement. All bicycles should have a rear flashing LED tail light installed to reduce the risk of being hit by a car, but sometimes the accident is unavoidable by the bicyclist.
The use of hands-free technology is steadily increasing for all types of people, and bicyclists are no exception. It is becoming common to see a bicycle rider wearing headphones or using a cell phone. Distractions such as these take the rider’s attention away from their immediate surroundings and can lead to serious accidents.
Unlike a bicycle rider, a motor vehicle driver has significant protection in case of a collision. Even so, automobile drivers should always be vigilant when paying attention to their surroundings. Failure to do so can result in collisions with bicyclists.
All motor vehicles have blind spots, or areas where the driver is unable to see. To avoid being in one of these spots, a bicyclist should try to always be in the driver’s direct line of sight. One way of doing this is to avoid stopping to the right of a motor vehicle. Instead, it is much safer to stop behind a motor vehicle where the driver has a clear line of sight via their rear-view mirror.
A motor vehicle driver cannot intentionally avoid hitting a bicyclist if they do not see them. Because of this, cyclists should ride during daylight hours whenever possible and avoid riding at night unless they are wearing reflective clothing.
Drivers should always be on the lookout for others and yield the right of way to bicyclists whenever possible to avoid a crash. Motor vehicle drivers should also always come to a complete stop at red lights and stop signs to avoid a collision with a cyclist.
A reckless driver weaving in and out of traffic is much less likely to see a bicyclist and is less likely to stay in their lane. A driver that is speeding is also a danger to anyone on a bicycle. The faster a motor vehicle travels, the less time a driver has to stop should they need to. Finally, a reckless driver that fails to look thoroughly at a crosswalk for bicyclists and pedestrians is more likely to be involved in an accident. When a driver is reckless, they may be held liable to punitive damages. Whether or not a bicyclist should receive punitive damages is a question for an experienced bicycle accident lawyer.
Collisions with motor vehicles are not the only way a bicyclist can be in an accident. Other ways include:
According to the NHTSA, the following are accurate statistics regarding bicycle accidents in the United States:
If you have been involved in a bike accident, you should contact an experienced bicycle injury attorney who is well versed in California bicycle accident litigation and can give you advice on your legal rights and possibilities. You may be able to successfully sue the driver of the vehicle for negligence and obtain compensation for your injuries, pain, and suffering. To prove negligence on the part of the driver, your attorney must prove that the driver owed you a duty of reasonable care; the driver breached that duty; you were injured; and the driver’s breach caused your injury. If your attorney can successfully prove negligence, you will be entitled to receive damages to compensate you for your medical bills, lost wages, and pain and suffering. Similarly, if your bicycle accident lawyer can prove that the driver acted recklessly, such as in drunk driving cases, they may be able to recover punitive damages as well.
Upon retaining a bicycle accident attorney, he or she will discuss topics with you such as: liability, legal compensation, medical compensation, compensation for lost wages, and traffic laws. Your lawyer will also look at such things as:
Your bicycle accident attorney will explain and make sure you completely understand what your legal options are. Thus equipped, you will be empowered to make the best legal decisions based on your specific circumstances. Bicycle accidents are very stressful and often require severe medical attention. You should not have to go through this tough situation alone. You deserve and are legally entitled to retain a confident and skilled personal bicycle accident lawyer who can discuss your case and the relevant law; deal with the insurance company in settlement negotiations or go to court, if need be; and fight for the compensation you are entitled to.
From distracted drivers to defective bicycle components, bicycle accidents can result from numerous different factors. As an injured rider, recovering your losses begins with determining which of these factors caused your accident.
To determine what caused your bicycle accident, it will be necessary to conduct a thorough investigation. Your lawyer will hire an investigator to examine the scene of the crash, and your lawyer will seek to collect evidence (i.e., phone records and vehicle maintenance records) from other sources as well. Once this process is complete, your lawyer will then examine the evidence to reach a conclusion as to who is liable for your injuries and other accident-related losses.
Most bicycle accident cases involve claims against one or more of the following:
Proving your damages after a bicycle accident requires an in-depth understanding of your physical injuries and the psychological effects of your accident. Suppose someone else was at fault in your accident. In that case, you could recover both economic and non-economic damages, and calculating your damages will require you to work closely with your attorney.
After suffering injuries in a bicycle crash, your priority should be to obtain treatment for your injuries. Once you are stable, you should schedule a free consultation with a local bicycle lawyer as soon as possible.
Yes. To protect your legal rights, you will need to hire an experiencedbicycle crash lawyer. While you have the option of seeking to recover compensation on your own, this can prove to be a costly mistake, and you have no reason not to hire an experienced attorney.
If an experienced bicycle accident lawyer agrees to your case, this means that he or she believes it is possible to help you recover significantly more than you could obtain on your own. From proving fault and calculating your losses to negotiating and going to trial if necessary, there are many important ways an experienced attorney can help with your bicycle crash claim.
Yes, when you have a bicycle wreck claim, your lawyer should handle your claim on a contingency-fee basis. At Banafshe Law Firm, we handle all claims on contingency, and we promise that you will not pay any fees or costs unless we win just compensation.
Similar to collisions between vehicles, most accidents involving bicycles are resolved through insurance claims. Auto insurance covers bicycle accidents, and companies like vehicle and bicycle manufacturers have insurance to cover riders’ accident claims as well. You can rely on your health insurance for now; and, if our bicycle accident lawyers can prove fault, then the insurance companies will work out payment amongst themselves (which will be separate from your award of financial compensation).
If you have been injured in an accident contact bicycle accident attorney, Ryan Banafshe, or another member of his team on their contact page or by calling toll free 1-800-789-8840.
Our personal injury law office is located in Los Angeles (Century City), California. We serve clients throughout the great State of California and if you are unable to travel to our office, we will meet with you at your home or office.