- Why Choose Our San Diego Bicycle Accident Attorneys?
- Steps to Take After a Bicycle Accident
- 2024 Bicycle Accident Statistics in San Diego
- Most Dangerous Places for Bicyclists in San Diego
- Most Frequent Causes of San Diego Bicycle Accidents
- List of Common Bike Accident Injuries
- What Damages Can a Victim Recover in a Bike Accident Case?
- Damages Recovered for Our Clients
- Who Are the Major Potentially Liable Parties in a Bicycle Accident?
- How Can You Prove Negligence in a Bicycle Accident?
- How Can a San Diego Bicycle Accident Attorney Help You Win the Case?
- Cycling Laws in California
- Statute of Limitations for Bicycle Accident Claims in California
- Safety Tips for Bicyclists
- Contact a San Diego Bicycle Accident Lawyer Today!
- Get a FREE case evaluation today
- Frequently Asked Questions
Cycling offers palpable health perks that the nation benefits from. However, bicycle accidents still pose a serious threat to vulnerable road users across the country. Moreover, states with rapidly developing biking communities encounter the highest fatality rate in the USA.
Despite all its initiatives, sunny California, and San Diego in particular, isn’t an exception. The fatality rate among cyclists in the city is almost 2%, which is more than concerning. Considering the odds, it is never a waste to learn about the primary causes of bike crashes in the area and have a skilled San Diego bicycle accident lawyer at hand to refer to if the need arises.
Why Choose Our San Diego Bicycle Accident Attorneys?
Bicycle Accident Lawyers Group is one of those personal injury law firms that not only fights for cyclists’ rights in the area but also aims to make the local bicyclist community better and safer. We represent bicycle accident victims facing physical, emotional, and financial strains without any upfront fees or hidden charges because our attorneys know how challenging the aftermath of an incident is.
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Each member of our team has extensive legal experience in the field and a proven success rate. We believe in an aggressive but strategic approach that keeps insurance providers in place and ensures maximum compensation for each of our clients!
Steps to Take After a Bicycle Accident
The way a rider acts after a collision can have a direct impact on the future outcome of their bicycle accident claim. Of course, your health is the major priority after an incident. However, after you’ve ensured safety, it is time to take some necessary steps to protect your rights. Here’s how to succeed with the goal:
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Notify the emergency services
Even if you seem to be significantly injured and your vehicle sustained minor damage, call 911. The medics dispatched to the scene will check you out for any signs of hidden injuries and provide detailed records of your traumas. At the same time, the police will document the scene in an official report that you can claim to support your case later.
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Do not overly engage with the involved parties
It is a good idea to get contact information from the at-fault party, including their full name, address, and driver’s license number, and insurance policy details. However, you should not apologize or admit your partial contribution to the accident.
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Document the scene
In case the sustained traumas allow it, you should take photos of any visible damage to yourself and your property. Record the weather conditions and the state of the road.
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Contact a San Diego bicycle accident lawyer
While you must interact with an insurance company, a trained legal expert should do so. Professional attorneys know how to present the case and negotiate with an insurer so that the latter does not reject or decrease your final settlement.
2024 Bicycle Accident Statistics in San Diego
Back in 2015, the City of San Diego adopted a Vision Zero plan aimed at eliminating traffic deaths in the ten-year notice. The initiative focused on various road safety measures, including well-equipped lanes, easy access to different parts of the city, field education, and more.
Although San Diego enlists over 600K miles of dedicated bikeways, with 30 more on the way, the steady growth of cyclist fatalities proves that the local authorities haven’t managed to fulfill the initiative entirely. There were 322 bicycle crashes in the city in 2022, and two people died from the sustained injuries.
Here’s a more detailed transcription of all bicycle crashes in the area:
- 10% of all accidents resulted in severe injuries
- Around 20% of all collisions took place because of improper turning off either of the involved motor vehicles.
- Over 50% of bicyclists sustained injuries at city intersections.
- Cyclists in their 40s-50s made the most vulnerable rider category.
Most Dangerous Places for Bicyclists in San Diego
According to a recent survey, there are a few major locations in the city that pose a palpable threat to cyclists. In fact, these corridors account for as many as 30% of bike crashes in the city:
- University Ave: The area is heavily congested with large motor vehicles, such as buses and trucks, along with passenger cars. Although the avenue is popular among bike riders, it does not enlist sufficient bike lanes to ensure proper safety.
- El Cajon Blvd.: It is yet another busy location with many dangerous intersections and sharp turns. High-speed limits increase the chances of an accident.
- Broadway: This is one of the most significant urban roads in the city, yet it does not feature the necessary number of protected lanes, and cyclists have to share the road with other vehicles.
- Market Street: As the name suggests, it is the commercial sector. The street enlists multiple vehicle lanes and limited bikeways. Besides, the chaotic traffic in the area increases the possibility of a serious incident.
- Garnet Ave: It is one of the streets heavily congested by both vehicles and pedestrians because of its tourist destination. Such a mixture of road users makes it harder to navigate the street on a bike.
Most Frequent Causes of San Diego Bicycle Accidents
Bike crashes in the city can happen due to a variety of reasons. The more aware a cyclist is of the most common causes, the easier it may be to stay safer on the road. These are the major contributing factors to take into account:
- Dooring accidents: Inattentive drivers often open their vehicle doors without casting a swift glance into a side mirror. You’d be astonished by the extent of the danger involved. A suddenly open door will not only obstruct the cyclist’s path but may also disrupt their balance and send them under the wheels of approaching vehicles.
- Distracted driving: Driver’s negligence in checking their devices or interacting with the passengers is one of the primary causes of catastrophic accidents. Barely any bike ride can get away with it after a collision with a motor vehicle. The size, speed, and force of the latter often inflict severe injuries on a poorly protected cyclist.
- Poor riding conditions: Whether it is a mere road defect such as a pothole, absence of valid traffic signs, or shared bike lanes, each creates potentially hazardous riding conditions for a bicyclist that may lead to traumatic falls and other incidents.
List of Common Bike Accident Injuries
A cyclist can suffer multiple injuries after a cycling accident. The severity of which depends on countless underlying conditions. Typically, these traumas are grouped under the following categories:
- Head traumas: A protective helmet can ease the overall impact of the fall or collision, but it does not entirely rule out such severe conditions as traumatic brain injuries of varying severity.
- Back traumas: A rider’s back is one of the largest exposed areas of the body. A very serious biking accident can inflict severe spinal cord injuries, which can lead to permanent mobility issues such as paralysis or loss of sensation.
- Fractures: Many bicyclists break arms, legs, wrists, ribs, and other bones in their bodies as a result of being forcefully thrust off the vehicle. Some fractures require multiple surgeries and a complex rehabilitation process to heal and recover pre-accident functions fully.
- Skin abrasions: Many cyclists refer to it as road rash. That is the natural outcome of a body sliding across the pavement. These injuries are classified as minor, but failing to attend to them may lead to permanent scarring or nasty infections.
- Fatal accidents: Some bicycle incidents lead to extremely severe injuries, which may result in the wrongful death of the rider.
What Damages Can a Victim Recover in a Bike Accident Case?
An injured party in a bike accident often encounters different types of losses, and not all of them are strictly monetary. That is why, when filing a bike accident claim, a victim can expect to recover economic, non-economic, and punitive damages. These include but aren’t limited to the following:
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Medical expenses
An experienced bicycle accident attorney can help you recover not only past medical bills but also future treatment costs if the sustained condition requires additional care or rehabilitation.
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Lost wages
You don’t have to worry about the loss of income or decreased earning potential that stems from the accident and the conditions it inflicted. The at-fault party, or their insurance company, is bound to compensate related expenses in full.
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Property damage
If your vehicle, biker gear, or any other personal belongings are seriously damaged or destroyed, the negligent party must reimburse the cost of repairs or full replacement.
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Emotional distress
Along with the physical discomfort comes the psychological impact of the incident. Whether the victim battles with PTSD, anxiety, loss of enjoyment, depression, or other mental conditions, they are eligible for maximum compensation for the reduced quality of their lives.
Damages Recovered for Our Clients
Who Are the Major Potentially Liable Parties in a Bicycle Accident?
In the majority of cases, the bicyclist’s financial recovery depends on the party they deem responsible for the accident. Based on the circumstances of the incident, it is possible to hold the following contributors accountable:
- Vehicle driver: Among the three major reasons why bike accidents happen in California are speeding, failure to yield, and improper turning. Negligent and impaired drivers cause dangerous road situations, and you can hold them liable for a crash.
- Local municipalities: You can also claim the city or the state as the primary responsible party for your losses if an incident takes place because of improper signature, damaged roads, and missing bike lanes.
- Bike manufacturers: Sometimes defective vehicles contribute, if not initiate, a collision. Suppose the bicycle frame, braking system, or any other part of the mechanism malfunctioned, and you can prove that the bike was acquired with pre-existing conditions. In that case, you can have the manufacturer compensate you for your losses.
- Pedestrians: Cyclists owe the right of way to pedestrians, but this does not mean that the latter can’t act negligently and trigger an accident. Should that be the case, you can hold the person liable for the collision and the inflicted damages.
How Can You Prove Negligence in a Bicycle Accident?
After the main liable party is determined, the injured victim needs to prove their negligence to receive fair compensation. There are four major aspects to consider for succeeding with the goal:
- Duty of care: All road users have a legal responsibility toward one another. It means that no party should act in a way that puts other traffic participants in danger. The official term for that responsibility is duty of care.
- Breach of duty: Once a motor vehicle driver runs the red light, ignores the right of way owed to cyclists, or violates traffic rules in any other way, they put others at risk. This means they breach their duty of care.
- Causation: It is not enough to prove that a person or an entity has breached their duty of care. You must provide palpable proof that their negligent actions have had a direct impact on you. A bike rider can use witness statements, surveillance footage, police reports, and other official records to prove the negative impact of other people’s thoughtless actions.
- Damages: Finally, an injured party must also provide evidence that supports the losses inflicted by the at-fault entity. You can use medical bills, lost wages, receipts, expert conclusions, and other critical proof that reflects the scale of your losses, pain, and suffering in full.
How Can a San Diego Bicycle Accident Attorney Help You Win the Case?
Personal injury claims are rarely a simple and enjoyable journey to take on yourself. A skilled lawyer can make a difference in the case, and here’s why:
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Liability
Based on the underlying conditions of the accident, an attorney will help you determine all potential responsible parties and help you file a rightful claim against them.
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Investigation
Most legal representatives have broader access to various types of information that can serve as relevant proof in the case. They will evaluate every detail and put the pieces together to build a strong case.
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Assessment
It is possible to use a bicycle accident settlement calculator to estimate your losses. However, those calculations are only a rough estimate of your case’s worth. At the same time, a trained legal advisor will evaluate your damages and losses on multiple levels to request and obtain the maximum settlement.
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Negotiations
Bicycle lawyers possess the necessary skills to negotiate with stubborn insurance company representatives. They know what to say and when to say it. Moreover, an experienced legal advisor knows a lowball offer when they see one.
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Litigation
Some claims may be denied by an insurance company, or the compensation they offer is insufficient to cover the victim’s damages. In such situations, professional field lawyers will take the case to trial and represent the client in court.
Cycling Laws in California
In California, bicyclists are deemed the rightful road users alongside other motorists. They have to follow state-approved traffic rules and signals as the drivers do. It means that:
- Cyclists have to ride in the same direction as traffic
- They have to use hand signals to notify other road users about turns and lane changes
- All bicycles must be equipped with functioning reflective gear
- All riders under 18 years must wear a protective helmet
- Bikers have to give the right of way to pedestrians
Statute of Limitations for Bicycle Accident Claims in California
Many bike accident victims are unaware of an existing expiry date for a personal injury case. In California, you have to file a compensation request within two years from the date of the incident. You won’t be able to recover your losses after the state-approved deadline. Some accidents, such as those involving governmental entities or minors, have a different timeframe to stick to. You can consult a professional personal injury lawyer to establish your case’s precise deadline.
Safety Tips for Bicyclists
One of the major parties that bicycle safety depends on is the cyclist. The more cautious and attentive you are on the road, the easier it may be to avoid an unfavorable outcome. You can use these simple tips to decrease your odds of getting injured:
- Prepare for a ride: No matter how effortless and time-saving it seems to hop on your bike and ride out, you should always take a few minutes to check if all the systems of your vehicle are fully operational.
- Ride by the rules: The fact that others ignore basic traffic regulations does not mean that you should do so, too. Always use hand signals, ride in bike lanes when available, and abide by signs and signals while riding your bike.
- Protect yourself: Even though adults don’t need to wear helmets in California, it is your safety that we are talking about. Wear as much protective gear as possible while on the busy streets.
- Plan your journey: Use city maps to navigate across it using designated lanes and safe routes to get from one location to another.
Contact a San Diego Bicycle Accident Lawyer Today!
A biking accident can turn your life into a mess in a blink of an eye. As if the physical injuries, mental anguish, and financial troubles aren’t enough, there comes the infinite legal hassle with insurance providers. Don’t try to handle all these challenges on your own stoically; contact our team, and we will help you restore justice. Our expert lawyers will fight for your rights and secure a maximum reimbursement for your losses while you regain your strength. All it takes is a free consultation to start your road to recovery!
Share the details of your situation with us so we can begin advocating on your behalf. We customize our approach to fit the unique needs of each client.
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