Common Causes of Bicycle Accidents
Bicyclists are at great risk of sustaining serious injuries if involved in an accident. Without the protection of the steel frame of a car, the slightest strike can send the bicyclist flying onto the road at high speeds. Obviously, when there is a collision between a bicycle and a car, the bicyclist will sustain worse injury than the driver of the motor vehicle. Because of the sensitive and vulnerable nature of bicyclists, drivers have a duty to exercise care and caution when sharing the road with a cyclist.
Some of the most common causes of bike accidents include:
Do Bicycle Accidents Always Involve a Motor Vehicle?
Bicycle accidents do not always involve a motor vehicle. Because cyclists can be riding at substantial speeds and their bikes are very lightweight, the slightest aversion or obstacle can cause them to lose control and crash. Being attacked by a dog, forced out of the bike lane by another cyclist, or even trying to avoid hitting pedestrians can lead a cyclist to crash.
Whatever the cause of the accident, bicycle accidents often involve very serious injuries. This is due to the fact that, other than a helmet, the bicyclist has no protective gear and is not shielded the way a driver is in a car. Therefore, injuries can include not only road rash but also broken bones, spinal cord injuries, and traumatic brain injuries.
6 Things Bicyclists Should Know
- If you get hit by an uninsured driver or hit-and-run driver, you can make an injury claim under your own auto insurance policy if you have uninsured motorist coverage.
- Bicycling on the sidewalk is illegal in many cities, including Santa Monica.
- Even though California law does not require adult bicyclists to wear helmets – wear one! It'll protect you from a head injury.
- Ride with the assumption that drivers do not see you.
- No matter how safe a rider you are, you are still vulnerable to being hit because you have no control over inattentive, negligent motorists.
- After a bike accident, canvas the location for video surveillance cameras that may have captured the accident. (Time is of the essence – surveillance footage is commonly recorded over within days.)
Do I Need an Attorney After a Bike Accident?
You've been injured in a bike accident in or near Santa Monica and are wondering if you need an attorney. Here's the answer: the more serious your injuries, the more likely you should have legal representation. Serious injuries mean serious medical bills, time off work, and a negative impact on your quality of life while you recuperate. You may be concerned that you will never completely recover from your injuries or never ride again.
If riding your bike and athleticism are an important part of your lifestyle, then injuries from a bike accident can throw your daily routine into disarray. Our Santa Monica bike accident attorneys can't return you to your pre-accident, injury-free self, but we can make them pay for the damage you have suffered.
Many Santa Monica residents commute to work by bike. You may depend on your bike for transportation. Who will pay to repair it? How long will it take? If it's a carbon fiber bike and cannot be repaired, the at-fault party's insurance company may balk at paying thousands of dollars to replace it. Read more about getting compensation for your damaged bike here.
Below are important considerations for anyone deciding whether to hire an attorney after a bicycle accident:
- Assessing severity of injuries: If your injuries are more than minor scrapes or bruises, a legal advocate in Santa Monica can help you understand what compensation you may be entitled to.
- Insurance negotiations: Dealing with insurers can be complicated, especially if there's a dispute over fault or the value of your claim, making it vital to have professional support.
- Property damage recovery: An attorney can guide you through recovering the value of your damaged bicycle and personal belongings.
- Legal complexities: If your case involves questions about comparative negligence or local Santa Monica biking laws, having an experienced attorney provides an advantage.
- Experience with local evidence collection: Attorneys familiar with local streets, bike paths, and intersections can more effectively identify video evidence or witness sources relevant to your accident.
When you have been involved in a collision, it is important to seek advice from a bicycle accident lawyer Santa Monica residents trust. A seasoned lawyer can help you understand your next steps, including gathering evidence such as police reports from the Santa Monica Police Department and securing medical records from local hospitals like Providence Saint John's Health Center. By handling the detailed aspects of your case, your attorney can help reduce the stress you may feel after a sudden disruption to your daily life and help you focus on recovery. Santa Monica’s proximity to major roads like Pacific Coast Highway can mean complicated traffic scenarios, which only increases the value of having knowledgeable support on your side after a crash.
What Damages Could Be Recovered in a Bicycle Accident Claim?
Potential damages may include:
- Medical Expenses: The injured party often faces substantial medical bills following a bicycle accident. We work tirelessly to ensure victims can recover compensation for current and future medical expenses. This includes hospitalization, surgeries, rehabilitation, and ongoing medical care costs.
- Lost Wages: Bicycle accidents can lead to significant time away from work as victims recover from injuries. Compensation for lost wages is a critical component of a bicycle accident claim. We can collaborate with financial experts to calculate the full extent of income lost due to the accident, including potential future earning capacity.
- Pain and Suffering: The physical and emotional toll of a bicycle accident can be overwhelming. We are committed to securing compensation for the pain and suffering experienced by victims. We understand that no amount of money can fully compensate for the trauma endured, but we strive to ease the burden through fair and just compensation.
- Property Damage: Bicycle accidents often damage the victim's bicycle and other personal property. We pursue compensation for repairing or replacing damaged items, ensuring that clients are not left to bear the financial burden of property loss.
- Wrongful Death: Tragically, some bicycle accidents result in the loss of life. In such cases, we stand by the families of the deceased, seeking justice through a wrongful death claim. Compensation may cover funeral expenses, loss of financial support, and the emotional anguish of surviving family members.
- Punitive Damages: Punitive damages could be sought in cases involving extreme negligence or willful misconduct. These damages are intended to penalize the accountable party and deter similar behavior in the future. We can meticulously investigate each case to determine appropriate punitive damages.
Comparative Negligence in Bicycle Accident Claims
Even if you are partially to blame for the accident because, for example, you were riding your bike on a sidewalk when you were hit by a car or you were riding in a crosswalk when you were struck, you are not barred from making an injury claim against the motorist. When you are partially at fault for an accident, that is called "comparative negligence."
The other side's insurance company will use your comparative negligence against you and reduce their settlement offer to you by the percentage of fault they place on you. For example, if they put you 50% at fault for the accident, they will chop their settlement offer to you in half.
If the insurance company is disputing liability, you will need an aggressive legal advocate on your side who will fight the insurance company's attempt to blame you. Even if you were partially at fault for the accident, reducing your claim's value, an attorney at our firm may be able to take your case if it has enough value. We'll be straight with you about what percentage of fault, if any, you bear for the accident and how your partial fault affects your
Uninsured Motorist Coverage Applies to Bicycle Accidents
One of the first questions we ask our bike accident clients is: do you have uninsured motorist coverage on your car? That's because if while riding your bicycle, you or your child are hit by a driver who has no auto insurance or not enough auto insurance to cover you or your child's injuries, you may be able to make a claim under the uninsured/underinsured motorist coverage on your car. It covers you while you are riding a bicycle if you are struck by a car. If you ride your bicycle often, and particularly if you regularly commute by bicycle, we strongly encourage you to have uninsured motorist coverage of at least $100,000 per person. Better still: $250,000 per person.
Contact Our Bicycle Accident Attorney in Santa Monica Today
Santa Monica personal injury attorneys Daniel McGee and Catherine Lerer are respected as some of the top bicycle accident attorneys in the area. We understand the devastating trauma that can result from a bicycle accident, and we have extensive experience representing bicycle accident victims and their families.
