Bicycle Accident Lawyers - San Bernardino
The Role of a Bicycle Accident Lawyer in a Personal Injury Case
When someone is wronged by another individual, it would only be right for the at-fault party to right their wrongs. The law allows victims to file a claim against the party who wronged them.
However, when insurance companies get involved, victims are not always fairly compensated, especially in bike accidents where fault is more difficult to prove. This is why legal representation is so beneficial.
Assistance from a bicycle accident lawyer not only levels the playing field, but legal counsel also improves the odds of recovering maximum compensation. Additionally, a bike accident lawyer can assess a case, estimate its value, and vigorously fight to deliver the best results for clients.
With a 99% success rate, Arrowhead Accident Attorneys has been helping injured victims seek justice from insurance companies. If you were injured in a bike accident, our personal injury law firm can help. Please, schedule a free consultation to get started.
Why Arrowhead Accident Attorneys Should Be Your Top Choice
Of course, top-tier representation is ideal. Many California law firms will claim to offer the best representation but may fall short in other areas. A San Bernardino bicycle accident attorney from our firm will strive to not only provide the best legal services, but our legal will work as supportive advocates. Here is what we can offer:
- No win, no fee guarantee
- Offer guidance from start to settlement
- Accurately calculate the case’s winnable value
- Investigate the accident and personally collect evidence
- Assistance with medical treatment
- Prove fault and the other party’s negligence
- Aggressively negotiate with the insurance company
- Offer personalized, hands-on support
Our bicycle accident lawyers offer our services on contingency, so clients are afforded prime legal representation with ZERO upfront fees and no payments unless the case results in a win. Additionally, our law firm provides a free consultation to get started. Schedule yours today.
How Long You Have to File a Bicycle Accident Claim
After sustaining serious injuries from a bike accident, it is understandable to hold off taking on any more responsibilities until feeling physically and mentally equipped to do so. However, the more time that passes, the potentially weaker the bicycle accident case can become.
This often is a result of evidence no longer being available and the difficulty of locating people who may have witnessed the incident. In addition, most victims do not speak to personal injury lawyers until they plan to file a claim.
Putting off consulting with a San Bernardino bicycle accident lawyer is also detrimental to a case, as an attorney can advise what to do and what not to do after an accident. For instance, an attorney would advise to seek immediate medical treatment and to avoid speaking to the at-fault driver’s insurance company. Although seemingly innocent, mishaps like this can significantly hurt bicycle accident cases.
The Statute of Limitations in San Bernardino, CA
There is a time limit to take legal action after a personal injury accident, which is typically two years from the date injuries were discovered. However, if a government entity is involved, the time to file is reduced to just six months.
Although there is an allotted amount of time which may appear like an ample amount, it is best to file bicycle accident claims as soon as possible. Failing to meet California’s statute of limitations can result in losing the right to recover damages and there are typically no exceptions to extending the filing date.
Does a Bicycle Accident Case Need to Go to Trial?
A common misconception that prevents some victims from filing personal injury claims is the belief that they will need to file a lawsuit and go to trial.
On the contrary, most personal injury cases are actually resolved out of court. In fact, it is estimated that only one out of ten actually make it to trial. This is because going to court is time-consuming, expensive, and can be a gamble. Therefore, insurance companies would rather settle.
Working with an experienced bicycle accident attorney indicates to an insurance company that there is no intent to fold and accept less than what is owed in damages.
Common Causes of California/San Bernardino Bicycle Accidents
The common causes of bicycle accidents are similar to motor vehicle accidents: they result due to someone else’s negligence. More specifically, the following scenarios typically cause most bike accidents:
- Drunk driving
- Aggressive driving
- Poor road conditions
- No bike lanes
- Turning at an intersection
- Lack of visibility
- Failing to stop at a stop sign
- Running red lights
- Manufacturer defects (car or bike parts)
- Weaving in and out of lanes
- Distracted driving (texting, eating, etc.)
- Driver not yielding the right of way
Data from the California Department of Public Health, Safe and Active Communities Branch reported that San Bernardino County recently logged over 2,250 bicycle accidents that resulted in non-fatal injuries and nearly 50 bicycle accidents that resulted in fatal injuries.
Although common, bicycle accidents are preventable. If you or a loved one suffered injuries from a negligent party, contact one of our bicycle accident attorneys today.
An Overview of California Bike Laws
There is much confusion surrounding where and how bikes are legally allowed to operate. This contributes to the misunderstanding of who is actually at fault when a bicycle accident occurs. Here is an overview pertaining to bicycle laws in San Bernardino County.
- If a bike rider is moving as fast as traffic, the bicyclist can ride in a bike lane or roadway.
- It is illegal for a motor vehicle to stop or park on a designated bicycle path.
- If moving slower than traffic, the bicyclist must use the bike lane except when making a left turn, avoiding something hazardous, or making a right turn.
- Bicycles are not allowed on freeways or expressways.
- Bicycles should ride with traffic, except when passing, turning left, riding on one-way streets, or on narrow roads.
- Mopeds and electric bikes do not quality of regular bicycles and have their own set of rules.
For questions regarding specific bike laws and how they pertain to your bike crash, please contact a personal injury lawyer from Arrowhead Accident Attorneys in San Bernardino, CA.
How a Bicycle Accident Attorney Proves Fault
California law requires that the party filing a personal injury claim prove that the other party was negligent and was the root cause of the bicycle accident. This can be accomplished by demonstrating the following four elements of negligence.
- Duty of Care: The defendant had an obligation to act in a reasonably safe manner
- Breached Duty of Care: The defendant failed to meet this obligation
- Causation: The defendant’s failure to meet the duty of care caused the accident
- Consequent Damages: The bicycle accident resulted in financial losses
An experienced bicycle accident lawyer can provide insight and expertise to prove the four factors of negligence, beginning with a personal investigation into the bike crash and collection of evidence.
Sometimes, bicycle riders and car drivers both contribute to a crash. California’s pure comparative negligence law allows injured cyclists to still recover damages even if they are partially at fault.
The only stipulation when these types of bicycle accidents occur is that the final amount of compensation is reduced by the percentage of fault. For instance, if the awarded amount is $50,000 and the victim is found to be 10% liable, then the victim will receive $45,000.
Do not be discouraged if fault is shared for causing the accident. Compensation is still available, but assistance from a San Bernardino bicycle accident lawyer is highly advisable.
Common Bicycle Accident Injuries
Car accidents, even with each vehicle’s safety features like airbags and seatbelts, still have the potential to cause serious consequences.
Then, there are accidents like pedestrian accidents and bicycle accidents where individuals are completely vulnerable, as they are sharing the roads with motor vehicles with little to no protection.
A bicycle accident injury is particularly concerning because the injured bicyclist is more susceptible to severe injuries. In the event of a collision, the odds of sustaining severe injuries are high and may cause:
- Broken bones
- Road rash
- Head injuries
- Traumatic brain injury (TBI)
- Neck injuries
- Internal bleeding
- Permanent scarring
The aftermath of a bike accident is not limited to the provided examples. If you were injured in a bike accident that was caused by a negligent driver, you have the legal right to reimbursement for medical bills to treat those serious injuries.
The Value of a Bicycle Accident Claim
Personal injury cases are unique, which is why there is not an exact amount for how much a bike accident claim is worth. Ultimately, the value comes down to provable losses, which may consist of economic damages (measurable monetary loss) and non-economic damages (non-monetary loss).
If it can be proven that a bicycle accident victim sustained physical injuries and/or mental trauma, thereby causing financial loss, then compensation can be awarded to account for those losses. For example, the following are common variables that are considered when determining the value of bike accident claims:
- Medical bills that have accumulated to treat injuries
- Anticipated medical expenses to account for future treatment
- Physical therapy or other medical care
- Lost wages from being unable to work due to injuries
- Property damage
- Pain and suffering
- Diminished outlook on quality of life
- Wrongful death (burial costs, funeral expenses, loss of income)
Our bicycle accident attorneys offer a free consultation to all prospective clients. To gain more perspective on your case and its value, schedule your case assessment today.
Contact the Top-Rated San Bernardino Bicycle Accident Lawyers
The compassionate and dedicated legal team at Arrowhead Accident Attorneys works diligently to deliver the best results for our clients. Our San Bernardino bicycle accident lawyers have represented countless personal injury victims, recovering large settlements on their behalf.
With a 99% record of success, we know how to handle insurance companies, preventing them from taking advantage of injured victims. For assistance with your case, please schedule a free case evaluation by calling us at (909) 677-2674 or by completing the online form below.