Los Angeles Bicycle Accident Lawyer

Los Angeles Bicycle Accident Attorney

Navigating the busy streets of Los Angeles on a bicycle can be potentially hazardous. Between poor road conditions and negligent drivers, bicyclists face many different dangers the moment they get on a bicycle. Bicycle accidents can be very devastating, causing significant bodily injuries and property damage. An experienced Los Angeles bicycle accident lawyer can help you navigate the complexities of California law.

If you’ve been injured in a bicycle accident, you may be entitled to financial compensation, and you don’t have to go through the process alone.

Here at Belgum, Fry & Van Allen, our attorneys can help you recoup medical, property, and emotional damages sustained as a result of a bike injury caused by another’s negligence. With decades of experience with bicycle accident cases, we are no strangers to the distinct legal hurdles bicyclists face. With our legal team on our side, you can rest assured that you have a knowledgeable bike injury attorney who will advocate for a favorable outcome on your behalf.

Common Causes of Bicycle Injuries

Bicycle injuries occur due to a variety of factors, ranging from environmental conditions to human negligence. The most common cause is a collision with other motor vehicles. These types of collisions are also the leading cause of bicycle fatalities in California.

When drivers of motor vehicles are distracted, drive above the speed limit, or fail to yield to cyclists, accidents are often unavoidable. Bicyclists are extremely vulnerable to unfortunate injury or death when they collide with motor vehicles due to the difference in size and speed between the two.

When parked motor vehicle drivers open their doors too quickly, it is not uncommon for bicyclists to run into them. This can cause significant bodily injury or damage to the bicycle. Road hazards or poorly maintained roads, including but not limited to improper signage, potholes, and debris, can easily cause a bicycle accident. Weather conditions can decrease visibility or road traction for both motorists and cyclists, leading to injury.

Sometimes, bicycle injuries are caused not by external factors but by a cyclist’s own negligence. Cyclists need to wear proper safety gear like helmets and padding, obey traffic laws, and maintain bicycle maintenance upkeep. Understanding these common causes of bicycle injuries is imperative for the safety of both cyclists and motorists.

Different Types of Bike Injuries

Bike injuries can lead to a wide range of physical injuries. While some accidents can result in minor cuts and bruises, others may cause life-altering disabilities. Common types of bicycle injuries can include:

• Head Trauma – Traumatic brain injuries (also known as TBI’s) can occur when there is a sudden hit to the head or body that causes a person’s brain to shake rapidly. Unfortunately, helmets don’t always prevent such injuries depending on the force of impact. Concussions and severe brain damage are examples of TBI’s.
• Orthopedic Trauma – Fractures, dislocations, breaks, and sprains are common injuries that can occur due to the impact of a fall or collision with a vehicle, the road, or another object.
• Spinal Cord Trauma – When a person’s spinal cord is injured, paralysis or permanent disability can occur as a result, as spinal cord damage is often irreversible.
• Soft Tissue Trauma – Sudden harsh movements during a bicycle accident can result in muscle strains or ligament tears.
• Road Rash – Abrupt contact with the pavement can cause painful wounds and abrasions. If untreated, infection may follow.

In addition to physical injury, bicycle injuries can lead to long-lasting psychological distress, including PTSD, depression, and anxiety.

As a cyclist, it is important to follow the rules of the road, wear proper safety gear, and keep an eye out for negligent drivers to protect yourself from harm.

Injured Bicyclists’ Legal Rights

Injured bicyclists have many legal rights in California, especially when their injuries are a result of other’s negligence or reckless driving. Most obviously, injured cyclists have the right to seek compensation for their various losses. Losses can include medical expenses, lost wages, emotional pain and suffering, bike damage, and other relevant associated expenses.

Injured bicyclists have a legal right to seek legal representation when pursuing such losses. An experienced bike injury attorney can help you navigate the nuances of California law, gather evidence, negotiate with insurance companies, and pursue fair compensation either via a settlement or in court.

It is equally the responsibility of motorists to uphold the laws of the road and states to maintain roads and infrastructure to keep bicyclists safe. All bicyclists have the right to safe conditions when riding their bikes.

California Bicycle Laws

California bike laws aim to promote health and safety while protecting the rights of bicyclists on the roads. Some of these laws include:

• Three Feet For Safety Act: California Vehicle Code section 21760 mandates motorists to maintain a minimum of 3 feet between their vehicle and a bicyclist when passing in the same direction.
• Helmet Law: California Vehicle Code section 21212 requires cyclists under 18 to wear a properly fitted helmet when operating a bicycle, a non-motorized scooter, or a skateboard or when wearing in-line or roller skates.
• Bike Lane Laws: Cyclists are generally required to use a bike lane when traveling slower than traffic on a roadway that has a designated bike lane. However, according to Vehicle Code section 21208, exceptions include passing other vehicles, making a left turn, approaching a legal right turn, or when avoiding hazardous conditions.There is also a difference between a traditional bike lane and a separated bikeway (a lane separated from moving traffic by physical barriers.) Cyclists are not obligated to use separated bikeways.
• Traffic Laws: Cyclists must obey traffic laws, signal turns with hand movements, and yield to pedestrians.
• Equipment/Lighting Standards: Bicycles should be equipped with a white front light, red rear reflector, and white or yellow reflectors on each pedal, wheel, and side when ridden at night.

How A Bike Injury Attorney Can Help You

A bicycle accident lawyer can offer invaluable assistance to bicycle accident victims. An experienced legal team can efficiently and effectively advocate for their client due to their extensive knowledge of California’s personal injury laws.

Bike injury attorneys conduct robust investigations into the details of the accident by gathering relevant evidence and witness statements and determining fault based on such. It is the attorney’s job to speak directly to insurance companies on your behalf, negotiating for fair and adequate compensation. If a settlement cannot be reached, the attorney will represent you and your case in court proceedings.

Steps To Take After a Bicycle Accident

After a bicycle accident, it’s important to take immediate action to protect yourself and your rights. By adhering to the following steps, you can improve the likelihood of receiving fair compensation for your injuries and damages.

• Seek Medical Attention: First and foremost, you must call for medical assistance to address any potential injuries, seen or unseen.
• Gather Evidence: When safe, take photos of the accident scene and collect witness statements and/or contact information.
• Avoid Admitting Fault: Do not accept or admit blame to anyone at the scene. It is up to the authorities to determine fault based on the pending investigation.
• Call The Police: Do not leave the scene without calling the police. Wait for them to arrive and request a copy of the accident report.
• Call An Attorney: An experienced bicycle injury attorney is a key member of your recovery team after dealing with such a traumatic event.

Compensation for Injured Bicyclists

Injured bicyclists may be entitled to compensation for the various damages sustained from the accident. Navigating the process of obtaining the compensation you deserve can be complicated. An experienced bike injury attorney can help you pursue the full and fair compensation you deserve without the headache of trying to figure it out on your own. This compensation may cover:

• Medical Expense: The costs incurred due to past and future medical bills as a result of the accident. This includes but is not limited to physical therapy, medication, hospital visits, hospital stays, surgery, rehab, and talk therapy.
• Lost Wages: The costs incurred due to the inability to work during recovery or potential lost future wages due to long-term disability.
• Emotional Damages (also known as Pain and Suffering): The compensation for emotional distress, PTSD, and its impact on the victim’s ability to enjoy life as they did prior to the accident.
• Property Damages: The costs incurred for bicycle replacement or repairs.

FAQs

Q: Can You Claim for a Bicycle Accident?

A: Yes, bicyclists who are injured in accidents caused by the carelessness or wrongdoing of motorists or road conditions in California have a legal right to file a claim in California. Whether your bicycle accident is a result of a collision with an automobile or caused by deficient road conditions, you may seek compensation through a personal injury claim to cover medical bills, lost wages, and emotional distress, in addition to any damage to the bike.

Q: How Many Bike Accidents Occur Each Year in California?

A: Unfortunately, thousands of bicycle accidents occur each year. In 2021, over 7500 bicycle accidents were reported in California, over 100 of which were fatal. Both motorists and cyclists need to do their part in following road safety protocols to keep each other safe. There are many factors that can contribute to these types of accidents which include distracted drivers, failure to yield, and hazards on the road.

Q: What Is the Leading Cause of Bicycle Deaths?

A: Collisions with automobiles are the leading cause of bicycle fatalities in California. When drivers of motor vehicles are distracted, drive above the speed limit, or fail to yield to cyclists, accidents are often unavoidable. Bicyclists are extremely vulnerable to unfortunate injury or death when they collide with motor vehicles due to the difference in size and speed between the two.

Q: What Is the Penalty for Hitting a Cyclist in California?

A: In California, the penalties for hitting a cyclist vary depending on the conditions of the accident as well as the severity of the injuries sustained. California Vehicle Code section 21760 (Three Feet for Safety Act) mandates motorists to maintain a minimum of 3 feet between their vehicle and a bicyclist when passing in the same direction. If a motorist violates this law, they can be fined $35. If they make contact with a bicyclist and cause bodily harm, they can be charged $220 plus damages.

Bicycling in Los Angeles comes with inherent dangers, so it is important to protect yourself. Beware of potential risks by keeping an eye out for potentially negligent drivers on the road. You can minimize your risk of injury by wearing appropriate safety gear and following California bike laws, including riding in bike lanes when available.

In the unfortunate event of an accident, seek medical attention immediately. When able, gather evidence such as photos and witness statements and avoid admitting any fault without your attorney. Wait until the police arrive, and be sure to request a copy of the incident report for your files. Last but not least, seek the guidance of a Los Angeles bicycle accident lawyer.

Contact a Los Angeles Bicycle Accident Lawyer

At Belgum, Fry & Van Allen, we are committed to advocating for you. As an injured bicyclist, you may be subjected to unexpected medical bills, emotional damages, and property loss. You deserve compensation for your injuries, and we can help you get them. With our decades of experience in handling personal injury cases involving bicycle accidents, our legal team is prepared to provide the compassionate support and thorough knowledge you need from your legal team.

When our team represents you throughout the legal process, you can rest assured that we will fight for a positive outcome. We pride ourselves on working diligently for justice, which includes holding the responsible parties accountable for their actions that caused your unfortunate injuries. If you or a loved one has been injured in a bike accident, contact Belgum, Fry & Van Allen to schedule a consultation.

Let’s discuss your case and begin the process of fighting for your rights so that you get the compensation you deserve.