A total of 125 bicycle riders lost their lives in collisions in California in 2021, according to the California Office of Traffic Safety. Tragically, many more riders also sustained serious injuries. Bicycle riders, like pedestrians, are vulnerable to accidents and likely to become seriously injured when they occur as bikes are harder than cars to see and they provide less protection.
Drivers have an obligation to exercise reasonable care on the roads to keep bike riders safe from these risks. When they fail to do that, they can be held responsible for resulting damages.
The Carlsbad bicycle accident lawyers at Miller & Steele Law Firm have helped many bicyclists recover compensation for losses after they were harmed in collisions. If you or a loved one was hurt, give us a call today at (760) 439-2210 to find out how we can put our decades of experience to work to help you get the compensation you deserve.
How Can a Bicycle Accident Lawyer Help You?
Bicycle accidents can cause severe injuries and drastically upend your life. An experienced personal injury attorney can handle all legal aspects of your claim while you focus on your recovery. When you choose a bike accident lawyer from Miller & Steele, we can help by:
- Meeting with you during a free, no-obligation consultation to learn about you and the accident
- Investigating the accident and identifying who is at fault
- Gathering evidence to establish liability in your case, including accident reports, witness statements, photos and videos of the accident scene, and medical records
- Compiling information to establish the full extent of your injuries
- Negotiating for maximum compensation on your behalf
- Advising you of your legal rights and options at all phases of your case
Our personal injury attorneys bring extensive knowledge and experience to every case. Every step of the way, we offer compassionate legal advice, regular communication, and unwavering support. Contact us today to take advantage of your free consultation.
Common Bicycle Accident Injuries
Due to the size discrepancy between bicycles and vehicles and the relative lack of protection afforded cyclists, bicyclists may suffer from serious injuries in accidents such as:
- Traumatic brain injuries
- Facial trauma and dental injuries
- Spinal cord injuries, including paralysis
- Internal organ damage or internal bleeding
- Neck and back injuries
- Broken bones
- Soft tissue injuries
- Road rash and burns
If you have suffered a life-altering bicycle accident injury, contact the Carlsbad bicycle accident lawyers at Miller & Steele Law Firm for immediate legal assistance and representation.
Common Causes of Bicycle Accidents in California
Bicycle accidents can occur for various reasons. Some of the leading causes of bike crashes include:
- Distractions, including texting while driving or biking
- Following too closely
- Driving into a bike lane
- Failing to yield the right-of-way
- Failing to signal turns
- Making unsafe passes or lane changes
- Opening doors into the path of oncoming cyclists
- Impairment by drugs or alcohol
- Aggressive driving
- Bicycle defects
Bicyclists are also more susceptible to accidents due to poor road conditions, such as oil spills on the roadway, insufficient lighting, potholes, or debris on the roadway. An experienced bike accident lawyer can investigate your case and determine who is at fault.
Who is Responsible for a Carlsbad Bike Accident?
Either a driver or a bicycle rider could potentially be at fault for a bike crash. The key is to determine if they either behaved negligently or failed to fulfill their legal duty of care.
California Civil Code Section 1714 makes clear that “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
In such cases, hiring a Carlsbad personal injury lawyer is essential to protect your rights and seek appropriate compensation.
This means if a driver is unreasonably careless, they can be held liable for the resulting harm to bike riders if they cause a crash that harms them. This is true even if the bicyclist played a major role in the accident as a case called Li v. Yellow Cab Co., 532 P.2d 1226 (1975) established a system called “pure comparative fault” in California.
While some states restrict crash victims from pursuing compensation if they share the blame for causing an incident, California does not do that. Even if a driver was 1% responsible for a collision, it’s still possible to make a claim against them. However, California Civil Code Section 1431.2 makes clear that compensation is reduced based on the percent of fault attributed to the victim so, in this example, the driver would have to cover just 1% of the total cost of damages.
A Carlsbad bike accident lawyer at Miller & Steele Law Firm can help you determine who was to blame for your bike or car crash and can work with you to gather the necessary evidence to make a strong claim.
Financial Compensation You Can Recover in a Personal Injury Claim
Bicycle accidents can have a devastating effect on accident victims’ lives. These victims have the right to pursue compensation for the damages they have suffered because of someone else’s negligence, which might include:
- Medical expenses for emergency treatment, surgeries, hospital stays, and follow-up visits
- Future medical expenses, including ongoing medical care, rehabilitation, and physical therapy
- Costs to repair or replace a damaged bike and other damaged personal property
- Lost wages
- Reduced future earning capacity if your ability to earn a living has been reduced or eliminated
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
An experienced bike accident lawyer can investigate your case and identify all damages you can seek as part of your bike accident claim.
How Long Do I Have To File A Bicycle Accident Claim?
If you want to pursue a bicycle accident claim, you have a limited period of time to act. Time is of the essence when it comes to filing a lawsuit against the parties that wronged you.
Under California Code of Civil Procedure section 335.1, you must make your claim within two years of the time the wrongful act happened. If you wait longer, the statute of limitations will run out and your claim will be time-barred, and you will not be able to move forward with your case.
Contact A Carlsbad Bicycle Accident Attorney Today
Miller & Steele Law Firm can help you to fight for full and fair compensation after a bicycle accident. This can include payment for medical bills, lost wages, pain and suffering, and emotional distress. Contact our Carlsbad bicycle accident lawyers today at (760) 439-2210 to learn more.