Setareh Law
October 14, 2022
California can be a dangerous place to ride a bicycle. Every day, cyclists are harmed in crashes with vehicles and trucks. Riding a bike on an authorized cycling path along a local or regional roadway may also be dangerous. Because most incidents involving vehicles and bicycles occur at junctions, side streets are the most dangerous areas to ride. Drivers often disregard bicycle rights, even though they have the same rights as other vehicles.
Setareh Law Firm’s bicycle accident attorneys are dedicated to assisting cyclists injured in California and the surrounding states. We understand how these circumstances majorly impact individuals and their families. We also recognize that the financial consequences of these lawsuits can be severe; therefore, we have compiled information to give you an idea of the worth of these cases in terms of a settlement.
How Much Is My Bike Accident Claim Worth?
California has no typical payout for bicycle accident cases because unique variables impact each outcome. The details of your accident, resultant injuries, and demonstrated losses will all influence the compensation amount you receive.
A bike rider and a passenger involved in the same accident may have radically different injuries and long-term effects. It is up to your attorney to place a monetary value on your losses and negotiate a reasonable settlement.
Many wounded cyclists are concerned about their cases’ worth since they face medical expenditures, missed wages, and months of arduous recovery. While there is no such thing as a median insurance payment, we may discuss the numerous elements that influence the number of damages receivable in these cases.
Who Is Typically Held Responsible in a Bike Accident?
California has a comparative fault liability scheme. The plaintiff in a lawsuit is the damaged individual who brings the claim. The defendant is the individual who was negligent or caused the damage. According to the California legal system, most accidents are not solely the responsibility of one individual. Rather, the plaintiff might have been a factor in the accident. They may not have been at fault, but something may have been done differently to avoid th accident. If this occurs, the court will lower the amount of damages given to the plaintiff by the percentage of their fault.
For example, if a motorist is found to be 80% at blame and a bicycle rider is found to be 20% at fault, the biker is entitled to collect 80% of their losses. If the collision resulted in $20,000 in damages, the biker would be entitled to get 80% of that amount, or $16,000. In contrast to other jurisdictions, California allows the biker to seek damages even if the bicyclist was at fault more than the driver. If the biker’s losses are $20,000, although they were 90% at fault for the collision, the bicyclist can still claim 10% of their damages, or $2,000.
The driver is usually at fault when a motorist hits a bicycle on the road. If the driver’s carelessness results in a traffic citation or a criminal violation, negligence per se applies. The driver’s ticket or infraction instantly establishes the driver was careless under the negligence per se argument without the plaintiff having to satisfy the elements of negligence. A reckless motorist will be held financially liable for your harm. A bike injury lawyer can assist you in filing an injury case in California so that you may receive the compensation you deserve.
When Can I File a Lawsuit in California After a Bicycle Accident?
Individuals or parties responsible for the riding accident can be held financially accountable. A personal injury lawsuit for injuries sustained in an accident may be filed in California to get compensation. Any settlement or court judge will consider the following forms of economic and non-economic losses:
- Past and existing medical costs arising from the accident
- Costs of future medical treatment
- Income and wages lost during your recovery
- Loss of potential income
- Suffering and pain
- Damage to property
When a motor vehicle is engaged in a bike accident, you should think about consulting an attorney before contacting the driver’s insurance provider. The insurance provider will generally want to resolve the claim for as low as possible. Your lawyer will communicate with the insurer on your behalf.
What Should I Do if I Get Hit by a Car While Riding My Bike in California?
When you’re riding your bike and get struck by a car, the next few seconds and minutes might be frantic. You might be gravely harmed or even in shock, and the driver who hit you could also be traumatized. However, in this circumstance, it is necessary to take certain actions, if feasible, to assist in maintaining your legal rights.
If you require immediate medical assistance, that should be your top priority. If you’re with someone else, see if they can help you with the following actions.
Call 911
Always notify law enforcement and wait for authorities to arrive on the scene after an accident that causes damage or injury. It would help if you communicated with authorities to ensure they hear your account of what transpired in the collision. This version will be included in their police record, which may be useful later in an insurance or legal claim. Furthermore, if the police issue a citation to the motorist for any illegal activity, it will support your case.
Gather Contact Details
Make sure you have all the contact information for any drivers involved in the collision and anybody who observed the event. You won’t always be able to rely on the police to record all this information, so you should always have your own list of names, phone numbers, insurance details, and license plate numbers handy.
Speak With a California Bicycle Accident Attorney
Following a bicycle collision, you may be able to claim financial compensation from the irresponsible motorist. This settlement can cover your medical fees, bicycle damage, missed income, and other expenses. An attorney can assist you in filing an insurance claim, negotiating a satisfactory settlement, and, if required, pursuing legal action for your personal injury.
To improve your chances of a full recovery, be sure your attorney has expertise in bicycle accident claims in California.
Contact Our California Bicycle Accident Lawyers
If you are injured in a bike accident, you will be concerned about how to pick up the pieces and go on. Of course, the most probable path to compensation for items along the road, like medical expenses, lost wages, and property damage, is through the legal system. Injury settlement value determination is more of an art than a science, founded on understanding.
A Setareh Law bicycle accident attorney will gather evidence to support your claim and defend against unfair insurance company methods to undervalue your claim or blame you for your injuries. To request a case evaluation with an experienced attorney, fill out our contact form or call us at (310) 659-1826.
We also speak Spanish.
