If you have been involved in a bicycle accident, it is essential that you contact the authorities, collect information, and seek immediate medical attention. It is also critical that you seek the advice and guidance of an experienced California bicycle accident lawyer who will fight for your rights and ensure that you are fairly compensated for your losses.
The skilled California personal injury attorneys of Bisnar Chase have more than four decades of experience recovering damages for injured bicyclists and their families. We have a success rate of 99% and have collected more than $850 million for our clients, receiving top ratings and awards from peer groups and clients alike.
If you or a loved one has been injured in a bicycle accident due to someone else’s negligence or wrongdoing, please contact us at 800-561-4887 for a free consultation and comprehensive case evaluation.
California Bicycle Accident Lawyer
The Value of Your Bicycle Accident Claim
Every bicycle accident victim case is different. So, there is no way to tell you how much your claim may be worth without examining the specifics of your case. It depends on your specific circumstances and the severity of your injuries.
For example, if you are involved in a collision with a car while cycling, a negligent driver can be held accountable for all the injuries, damages, and losses they cause. This means injured cyclists can seek financial compensation for their physical injuries, financial losses, mental anguish, and more. A successful claim will include compensation for;
- Lost wages
- Lost future wages
- Medical expenses
- Hospitalization fees
- The cost of rehabilitation
- Physical pain
- Pain and suffering
- Mental anguish and other related damages
How Long Does It Take to Settle a Bicycle Accident Claim?
The time it takes to settle a California bicycle accident claim can vary depending on several factors, such as the complexity of the case, the severity of the injuries, the insurance companies involved, and whether the case goes to trial.
- Medical treatment and ongoing recovery: The length of treatment depends on the severity of the injuries and can range from a few weeks to several months or even years.
- Investigation and evidence gathering: Our law firm will investigate the accident, gather evidence, and interview witnesses. This process can take several weeks to a few months.
- Filing a claim: Our lawyers will file a claim with the at-fault party’s insurance company (the defendant).
- Negotiations: Our trial attorney will negotiate with the insurance company to reach a fair settlement. This process can take several months, depending on the complexity of the case and the willingness of the insurer to settle and cooperate.
- Filing a lawsuit: If a settlement cannot be reached, our attorney may file a lawsuit on your behalf. This can extend the process by several months, a year, or more.
- Trial: If the case goes to trial, it can take a year or more to resolve.
On average, a straightforward bicycle accident claim with minor injuries can be settled within a few months. However, more complex cases with severe injuries can take one to two years or longer to settle. It’s critical to work with an experienced California bicycle accident lawyer to ensure that you receive fair compensation for your injuries and damages. Call 800-561-4887 for a free consultation with Bisnar Chase.
Why You Need a Bicycle Accident Lawyer
The insurance company is not your friend. You’ll be in for a tough battle trying to get compensated. They’ll lowball you, try to reduce pain and suffering, and generally stall to wear you out.
An insurance adjuster will typically try to dissuade you from hiring an attorney for your case in order to save money. A typical method used is to get you to answer questions after you’ve filed your insurance claim and then use that information against you.
What you’ll end up paying an attorney will come directly from the proceeds of the settlement, so you’ll never pay us directly. Trying to prove “pain and suffering” on your own can be difficult, but an experienced bicycle accident attorney will know how to maneuver the insurance company’s tactics . to get top financial compensation.
Since your lawyer is not paid unless they win, there is a high motivation to get maximum compensation and their desire to provide you with exceptional representation. A lawyer is a good investment in a scenario with personal injury claims since there is no financial risk to you.
Another benefit of hiring an attorney is that we will try to reduce your medical costs and hospital bills while putting those expenses into a lien. This way, you’ll be protected from the bills or collection agencies until your case is settled.
We are often successful in negotiations to reduce all your medical costs, putting more money in your pocket.
Once you’ve reported your accident to the insurance companies, kindly stop talking and refer them to your personal injury attorney to protect your rights. Additionally, do not discuss your case on social media. Insurance adjusters will be checking your social media to find anything they can use against you.
Insurance Companies Maximize Profit
Insurance companies are businesses that aim to maximize their profits. Some may attempt to avoid paying claims or offer lower settlements after your bike accident.
Common Tactics
1. Disputing liability: The insurance company may argue that their policyholder was not at fault or that you were partially or fully responsible for the accident.
2. Questioning the severity of injuries: Insurers often attempt to downplay the severity of your injuries or claim that some of the injuries were pre-existing.
3. Offering low initial settlements: Insurance adjusters will offer a low initial settlement in hopes that you will accept it without negotiating or seeking legal advice.
4. Delaying the process: Insurance companies often drag out the claims process, requiring extensive documentation, or taking a long time to respond to inquiries, hoping that you will become frustrated and accept a lower settlement.
5. Arguing comparative negligence: In some states, including California, the insurance company may argue that the cyclist’s negligence contributed to the accident, thus reducing the amount of compensation they are entitled to receive.
To protect your rights and ensure fair compensation, injured cyclists should consider hiring an experienced California bicycle accident lawyer who specializes in bike accident cases.
Common Causes of Bicycle Accidents
There are numerous ways in which bicycle riders can end up dead or left with severe accident injuries. Some of the common causes of bicycle accidents are as follows:
- Failure on the part of a motor vehicle to yield the right-of-way
- Bike lane intrusion
- Failure to stop at an intersection
- Door collision: accidents where drivers open doors of parked vehicles directly into a biker’s path
- Drivers who are under the influence of alcohol and drugs
- Distracted drivers
- Roadways with potholes or debris
- Poor lighting
- Negligent hit and run
- Dangerous roadway design
Additional dangers exist for riders of electric bikes, as they can reach higher speeds than pedal-powered bicycles. They are also subject to different laws. Please speak to our e-bike accident lawyers for expert help.
Types of Injuries From a Bicycle Accident
- Road rash: Depending on the impact intensity of the bike crash, road rash can be quite severe.
- Bone fractures: Bike crashes often result in fractures, particularly to the wrist, arm, shoulder, ribs, hips, leg, and ankle bones.
- Brain and head trauma: A head hitting the ground or a moving car at a fast speed can cause traumatic brain injuries, concussions, and contusions, as well as skull fractures. These may result in persistent cognitive issues.
- Damage to the spinal cord: Bicycle crashes may cause harm to the spinal cord and vertebrae, which could result in paralysis below the site of injury.
- Damage to soft tissues: Common injuries include deep cuts, severe bruising, muscle rips, and joint injuries.
What Should I Do After I've Been in a Bicycle Accident?
Immediately following the accident, your safety is your first priority. Make sure the area is safe then do the following.
- Call for emergency medical care or 911
- File a police report
- Take videos and pictures of the scene
- Take several pictures of your bike from different angles
- Get witness and driver’s license information
- Report the accident to the insurance companies
- Contact an experienced attorney who specializes in bike accident claims
Pay close attention to your injuries, as they won’t all appear immediately, especially if your adrenaline is running high. Many bike accident victims don’t realize the extent of their injuries until hours or days later. Nasty road rash, back injuries and delayed head injuries often appear later.
Determining Liability for a Bicycle Accident
If you or a loved one has been hurt in a bicycle accident, you may be able to seek financial compensation for your losses. To hold an at-fault party accountable for your suffering, you must prove that the at-fault driver’s negligence contributed to the crash.
If the driver was speeding, impaired, distracted, tired, or otherwise careless, he or she can be held accountable for your losses. A bike accident attorney in California can assist you in collecting compensation for your injuries.
There are a number of ways to determine liability and prove fault.
- Did anyone witness the crash?
- Were there surveillance cameras that can show how the crash occurred?
- Was the driver cited by the authorities or arrested for reckless behavior?
- Did you take photos of the crash site and preserve your bike for a thorough inspection?
In some cases, other parties can also be held liable. For example, if a dangerous or defective roadway caused a bicycle accident, the city or governmental agency responsible for maintaining the roadway can be held liable as well.
Under California Government Code Section 911.2, any personal injury or wrongful death claim must be filed within 180 days of the incident. This is known as comparative negligence and can affect the amount you’ll receive.
California Bicycle Laws
One of the best ways to reduce your chances of being involved in a California bicycle accident is to understand the rules of the road. Under California Vehicle Code:
- Section 21200: You have the right to ride on the street except on freeways and bridges where no-biking signs are posted. This vehicle code also requires all riders to obey the same rules and laws as drivers of other vehicles including stopping at signs and traffic lights.
- Section 21202: You must remain on the right side of the lane unless you are passing a vehicle or preparing for a left turn.
- Section 21650: Allows bicyclists to leave the right side of the lane to avoid slow-moving traffic and construction activity.
- Section 21650: You must ride with the flow of traffic and not against it.
- Section 21804: Riders must yield to traffic before entering the roadway.
Staying Safe on Your Bike
Riding your bicycle is a healthy way of getting around, saving money, and doing your part to preserve the environment. Unfortunately, bike riding can be hazardous. If you enjoy riding, you should be aware of how to stay safe on congested roads and how to assert your legal rights if you suffer injuries in a bicycle accident that was the result of someone else’s negligence or wrongdoing.
Bicycle accidents can happen at any time. All bicyclists must do their part to prevent injuries and accidents. At the same time, motorists must also remember that they share the roadways with other vehicles, such as motorcycles and bicycles. Perhaps the best way to prevent an accident is to ride defensively.
Keep your distance from vehicles, avoid blind spots and never assume drivers can see you. You can also prevent accidents by making drivers aware of your intentions. Use hand signals when turning, and make eye contact with nearby motorists before entering an intersection.
Several ways to increase your visibility include wearing bright clothing, installing red and white reflectors, utilizing a white lamp on the front of your bike, and turning on a flashing light on your rear seat. Above all, wear your helmet at all times. Head injuries in a bicycle accident are all too common. If you’ve been injured, contact our California bicycle accident attorneys today.
Most Dangerous Areas to Cycle in California
To avoid repeat injuries, try to avoid areas where injuries and bike accidents are common. Some spots in California are incredibly dangerous for cyclists. Since we have so many beach cities, many accidents happen in areas of PCH.
1. Los Angeles County: The city of Los Angeles and its surrounding areas have a high number of bicycle accidents due to heavy traffic, congested streets, and a lack of dedicated bike lanes in some areas.
2. San Francisco: While San Francisco is known for being bike-friendly, its steep hills, narrow streets, and dense traffic can make cycling hazardous. Areas like Market Street and the South of Market (SoMa) neighborhood have seen a high number of bicycle accidents.
3. Pacific Coast Highway (PCH): This scenic coastal route is popular among cyclists but can be dangerous due to high-speed traffic, narrow shoulders, and winding roads.
4. San Diego: The city has seen a high number of bicycle accidents, particularly in areas like downtown, Pacific Beach, and North Park.
5. Sacramento: The state capital has experienced a significant number of bicycle accidents, especially in areas with high traffic volumes and dangerous intersections.
6. Fresno: Fresno has faced challenges with bicycle safety due to a lack of dedicated bike lanes and high-speed traffic on many streets.
7. Oakland: The city has seen a high number of bicycle accidents, particularly in areas with heavy traffic and limited bike infrastructure.
Contact our Top-Rated California Bike Accident Lawyers
We are dedicated to representing bike riders. The bike accident attorneys of Bisnar Chase has represented more than 12,000 accident victims and served areas such as Orange County, Riverside County, Los Angeles County, San Bernardino County, and even further afield for more than four decades.
We have the resources and talent to win extremely difficult cases including bicycle accidents. Even if you have been told by other attorneys that you do not have a case, our office may be able to help you receive compensation. Don’t wait for the statute of limitations to expire. Get help today from our passionate and professional team of trial lawyers. Call the law firm of Bisnar Chase at 800-561-4887 for a free consultation.
Video: The NHTSA offers bicycle safety tips for adults including learning how to “Drive your bike” just like you would drive a car. Mountain bikes, cruisers, and ten-speeds all have different safety precautions to take into consideration.
Bicycle Accident, Safety and Injury
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