Being in a bicycle accident can change your life forever, which is why there are laws in place to allow victims to hold the at-fault driver accountable. It can be challenging to figure out how to navigate the claims process while actively recovering from your injuries. That’s why it’s highly recommended that you connect with an Upland bicycle accident lawyer. The good news is you don’t have to look further than Belgum, Fry & Van Allen.
Every year, hundreds of bicyclists are killed, and over 10,000 are injured in collisions in California. There were 125 bicyclist fatalities in California in 2021 and another 177 in 2022. In recent years, California continues to rank with higher numbers of motorcycle accident injuries and fatalities.
This is in part due to the exponentially higher number of motorcycle registrations in the state. That said, driving habits, road conditions, and weather still contribute to the number of accidents in the state.
Regardless of the cause, whether it’s a bicycle accident, car accident, truck accident, or another type of incident, it’s critical to understand your rights after an accident so you’re not left to recover from your injuries by paying out of your own pocket for something that wasn’t your fault. At Belgum, Fry & Van Allen, we are dedicated to helping Californians secure the compensation they’re owed by holding the responsible party accountable.
The majority of bicycle claims in California are settled out of court, which means the opposing parties were able to reach a settlement agreement through negotiations. Your Upland bicycle accident lawyer can help you through the negotiation process, so you don’t have to stress about going back and forth with the at-fault party’s insurer.
If you hit a wall during negotiations and simply can’t reach an agreement, it may be time to consider litigation. You can file a claim with the San Bernardino Superior Court to pursue legal action against the at-fault party and enforce your claim for compensation.
In California, you can seek to recover both economic and non-economic damages in a bike accident case. Economic damages are a bit more straightforward because they include all the exact costs you incurred due to the accident.
This includes things like:
Non-economic damages, on the other hand, cover more abstract consequences of a bicycling accident, such as:
California uses two methods to calculate these non-economic damages: the per diem method and the multiplier method. While the formulas are different, they both involve evaluating the severity of your injuries and the impact the accident had on your life to determine your settlement amount.
A personal injury lawyer from Belgum, Fry & Van Allen can work with you to build your case and ensure you have critical evidence to back your claim and secure the maximum settlement amount.
Unfortunately, cycling accidents are more likely to end in a fatality than an average motor vehicle accident due to how much more vulnerable riders are than drivers. If you have lost a loved one in a bicycling accident, you could recover damages by filing a wrongful death claim.
In addition to the types of compensation listed above, you may be able to recover additional damages for a wrongful death claim, including burial and funeral expenses and any expenses that the victim was responsible for and can no longer cover.
A: The amount you can recover from a bike accident in Upland depends on the details of your situation. The severity of the accident and the injuries you sustained have a big impact on how much money you may be awarded.
Arguably more important, however, is being able to prove the other party is completely at fault. California is a pure comparative fault state, so the settlement amount is tied directly to the person’s percentage of fault for the incident.
A: If you’re in a bike accident, and the vehicle involved in the incident is a state-owned or government vehicle, you still have the right to file a claim and recover damages if they were at fault. However, in addition to abiding by the statute of limitations for filing the claim (two years), you must also file a Notice of Claim within six months of the accident to be allowed to file against them.
A: If you’re a bicyclist, it’s important to know the rules of the road as well as the potential risks. Some of the most common causes of cycling accidents in Upland include aggressive driving, disobeying traffic signs, distracted driving, drunk driving, failing to signal when turning, failing to yield the right of way, and speeding. Be sure to stay aware on the road to keep yourself safe. If you’re in a bicycle and automobile collision, ask yourself important questions to help determine what happened and what steps to take next.
A: If you wish to pursue a claim against another party after a cycling accident, you must be sure to file it within two years of the accident. In the case of a wrongful death claim, the eligible party can file within two years of the victim’s death instead. Regardless of the type of claim, you must file a Notice of Claim within six months of the incident if you plan to file against a government entity.
If you’re ready to start the process of filing a claim, let our team at Belgum, Fry & Van Allen help the process go as smoothly as possible. Whether you have a few questions or need hands-on representation for your case, you can count on us to deliver. Contact our team to set up an appointment and discuss your case with an Upland bicycle accident lawyer today.