Bicycling is a popular sport and recreational activity in California, which increases the risk of a bicycle accident. While bicycle riders are responsible for their safety to some extent, drivers must be aware of their surroundings and take reasonable care not to injure bicyclists. If you or a family member has suffered an injury in a bicycle accident, Boyes Legal APC can help.
We have the skills and experience to hold negligent drivers accountable for causing bicycle accidents that result in serious injuries. While we prefer to resolve these claims through negotiations, we prepare each case for trial to give our clients the best chance for success at the bargaining table.
You can depend on us to fight for the maximum compensation you deserve in and out of the courtroom. We offer free consultations, and there is never a fee until we recover for you. Contact our office today to get started with an experienced bicycle accident attorney.
Common Causes of a Bicycle Accident in California
Bicycle accidents are frequently the result of driver errors, such as:
- Distracted driving
- Failing to check mirrors and blind spots
- Failing to yield to a bicyclist
- Drifting into a bike lane
- Pulling out into traffic abruptly
- Side swiping – attempting to pass a bicyclist too closely
- Opening a car door in front of a bicyclist
In addition, road hazards – cracks, potholes, fallen tree limbs, wet leaves, debris – can throw a cyclist and cause serious injuries. In these cases, it is possible to file a civil lawsuit against the municipal agency responsible for maintaining the roads. Finally, our attorneys can file a product liability lawsuit against the manufacturer or distributor if a bicycle accident is due to a mechanical defect.
When Drivers Are Responsible for a Bicycle Accident
Bicyclists in California must follow the same local and state traffic laws as motorists and exercise reasonable care for their safety. They must obey all stop signs and traffic lights and not ride on sidewalks. Bicyclists must either be on a designated bike path or ride in the same direction as traffic, close to the curb. Bicyclists must also follow safety rules, such as wearing a helmet, using proper turn signals, and having working brakes, as well as reflectors and lights during nighttime riding.
Even if the bicyclist is partially to blame for the accident, a negligent driver can be held liable. All motorists have a duty of care to operate their vehicles safely and avoid causing injuries to other vehicle occupants, pedestrians, and bicyclists. You need a skilled bicycle accident attorney to prove the driver was negligent and protect your rights.
Common Injuries Sustained in Bicycle Accidents
Bicycle accidents can result in injuries ranging from minor scrapes, cuts, and bruises to life-threatening injuries such as paralysis and traumatic brain injuries. Other common bicycle accident injuries include:
After being injured in a bicycle accident in California, you may be frightened and not know where to turn. That is the time to contact BoyesLegal. We will work tirelessly to win you the compensation that considers all your future medical and financial needs.
Damages You Can Recover in a Bicycle Accident
No two bicycle accident claims are the same. However, you may be entitled to significant compensation that includes economic and non-a damages, such as:
- Medical expenses and rehabilitative care
- Lost wages (present and future)
- Pain and suffering
- Permanent disability
- Emotional distress
- Loss of enjoyment in life
- Property damage
If the driver who caused your bicycle accident was driving under the influence or speeding, you may also be entitled to punitive damages. The purpose of these damages is to punish the driver’s illegal or egregious conduct and deter others from taking part in similar misconduct.
You should know that comparative negligence rules apply to bicycle accident claims in California. You can still recover damages if you were responsible for the bicycle accident, but the percentage of fault assigned to you will reduce your award.
For example, if you were struck by a distracted driver while bicycle riding at dusk, but you did not have a working light, you may be found 20 percent at fault for your injuries. Therefore, if your damages are $100,000, your final award will be $80,000. Trust our capable bicycle accident to help you avoid liability and obtain the maximum compensation you deserve.
Representing Bicycle Accident Victims in California
At BoyesLegal, we are helping bicycle accidents obtain just compensation. Let our experienced personal injury attorneys handle all the details of your claim so that you can focus on healing. Contact our office today for a free consultation so we can start working on your claim.
BoyesLegal assists bicycle accident victims with their legal needs in San Jose and throughout the state of California.