award
award
award
award
award
award
award
award
award

Bicycle Accident Lawyer

Navigating the rights of bicyclists relative to drivers and pedestrians can be complex. Bicyclists, often having dedicated bike lanes, face heightened risks from vehicles veering into these lanes or pedestrians encroaching upon them, increasing the likelihood of accidents.

Bicycle Injury Attorney

In densely populated urban areas, where diverse vehicle types crowd the roads, bicycle accidents are notably frequent. Securing a specialized bicycle accident lawyer is crucial if you find yourself in such a situation. Yet, the legal landscape is varied, with many attorneys claiming expertise in bicycle accidents. It’s essential to choose a lawyer with whom you feel comfortable and can openly discuss your accident’s details. Our legal team, with decades of experience representing bicycle accident victims, is committed to offering personalized attention and meticulous legal research for every case.

Our personal injury attorneys are not only available around the clock but also provide comprehensive legal support throughout your lawsuit. We ensure our clients are well-informed and comfortable with each step of the legal process.

It is very dangerous for bicyclists since they have to share the road with the following vehicles: 

Types of Bicycle Accidents

There are several different ways a bicycle accident could occur. For example:

  • Rear-end collisions: this occurs when a vehicle hits a bicyclist from behind. this is the most common type of bicycle accident in California.
  • Collisions near intersections: collisions are very likely to happen near intersections since a driver of a vehicle may feel to yield the right of way.
  • Sideswipe collisions: a sideswipe collision occurs when a vehicle drives too close to the bike lane and collides with the bicyclist from the side, throwing the bicyclist to the ground.
  • Door accidents:  this is also very common, and occurs when a vehicle is in the bike lane and the driver or passenger opens their door onto an oncoming bicyclist. The bicyclist then collides with the vehicle door. 

What Causes Bicycle Accidents?

  • The motor vehicle driver was drunk or high
  • A car door was opened without looking, right into the cyclist’s path
  • A cyclist is side-swiped by a passing vehicle
  • A cyclist is rear-ended by a car
  • A car cuts off a bicycle when entering the roadway
  • A vehicle turning left at an intersection, or through a gap in traffic, crashes into the cyclist
  • A vehicle turning right cuts off someone cycling straight in a bike lane
  • A car driver doesn’t pay attention to a cyclist’s signaling
  • The motor vehicle runs a red light or a stop sign

Personal Injuries That Result From Bicycle Accidents

There are a variety of possible personal injuries that can result from bicycle accidents, ranging from minor to severe. Some of the most common bicycle injuries are:

How Can I Prevent a Bicycle Accident?

Our attorneys recommend that you wear a helmet and always be mindful of your surroundings when biking. If biking at night, make sure that you wear reflective or bright clothing.

What to Do After a Bicycle Accident

You should take specific steps immediately after a bicycle accident to preserve the chances of winning a case.

  • Make sure that you’re safe. Get out of harm’s way (off the road) and check for injuries.
  • Call 9-1-1 to get police and an ambulance on the scene. Even if you don’t think you need medical attention, it’s best to have a professional look at you. Your body releases an adrenaline surge after an accident that can delay feelings of pain. At the moment, you might not be aware of a severe injury.
  • If your accident involved another party, exchange information with them. Do not say statements that minimize your injuries (“I am okay”) or accept responsibility for the accident (“I should have been looking.”). Do not concede to attempts to negotiate with the other party. If the other person flees, take-down any information you can (license plate number, physical description, etc.).
  • Once the police arrive on the scene, make sure you have a chance to report your version of the events to the officer. Having a police report to verify the accident helps your luck with a legal case afterward. Your bicycle accident attorney will be accessing this file if they believe you have a case.
  • Even if you don’t go to the hospital after the accident, it’s essential to see a doctor shortly after. This doctor visit will help your legal case and any insurance claims.
  • Keep records of anything related to your accident, including lost hours at work, medical bills and prescription costs, and non-economic damages.
  • Never speak to the other party, their lawyer, or their insurance company.
  • Consult with an experienced accident lawyer to understand if you have a case.

Don’t be afraid to follow through these steps. It’s very important that you document everything when an accident occurs.

How Our Bicycle Accident Lawyers Can Help You

Our top-rated bicycle accident lawyer will review your case details during your first free consultation and let you know if you have an eligible case. You may seek compensation for a variety of damages, including:

  • Economic damages: Medical bills, lost wage, and damaged property.
  • Non-economic damages: Pain, suffering, and lowered quality of life
  • Punitive damages: if the driver was incredibly irresponsible, the judge might deem punitive damages to be justifiable

You can discuss with your bicycle accident attorney what damages you should seek.

Could I Still Recover If I Was at Fault?

There are situations where a bicyclist could be responsible for their own injuries. But, if there was another vehicle involved, and they were also partially responsible for the bicyclist’s injuries, the bicyclist could still recover compensation.  California has comparative fault laws that allow for a bicyclist to still recover compensation in the event that they may have been partially responsible. Some examples that a bicyclist may have been partially responsible are:

  • The cyclist was biking intoxicated or under the influence of drugs
  •  The cyclist wasn’t wearing a helmet 
  •  The cyclist wasn’t driving within the bicycle lane

Bicycle Accident Statistics

General Trend Since 1975

According to accident data from the Insurance Institute for Highway Safety (IIHS), the number of fatalities suffered from bicycle accidents in America was down ~4% in 2021 (961) compared to 1975 (1,003), but up over 50% from the low point of cyclist deaths in 2010 (621).

Importance of Wearing A Helmet

In California, all riders under the age of 18 are required to wear a helmet by law, and for good reason.

Data from the annual IIHS study also shows that wearing a helmet plays a significant role in how likely a cyclist is to be killed in the event of an accident. From 2012 – 2021, at least 50% of the cyclists killed each year were confirmed to have not been wearing a helmet, while less than 20% of the deaths were suffered by riders wearing a helmet.
The average number of deaths suffered by bicyclists not wearing a helmet is between 3-4x greater than those wearing one each year since 2012, implying that the presence of a helmet may be quite important in mitigating fatalities during bicycle accidents.

Alcohol Presence & Blood Alcohol Content Levels (BAC)

Another factor that plays a role in bicycle accident deaths is the presence of alcohol intoxication. From 1982 – 2021, an average of 25% of the bicyclists (age 16+) who died in collisions had a BAC of 0.08 or higher, which means they were legally drunk when the accident occurred.

Time of Day

Deadly bicycle accidents were most likely to have occurred between 6pm – 9pm in 2021, with over 22% of the fatalities occuring during the 3 hours of this busy window of time. Both the 9pm – 12am and 3pm – 6pm time windows also had a significant number of cyclist deaths, with 17% and 15% of the total fatalities respectively. On the other hand, the least amount of annual deaths (~8%) occurred during the 12am – 3am time window.

Road Type

The IIHS annual study denotes road type as another factor in bicycle accident deaths. In 2021, a majority of fatal bike accidents occurred on major roads, accounting for 65% of the total fatalities, while 32% occurred on minor roads, and only 2% occurred on interstates or highways.

Frequently Asked Bicycle Accident Questions

What should I do immediately after a bicycle accident?

After a bicycle accident, it’s crucial to ensure your safety by moving away from traffic if possible and seeking medical attention, even if injuries are not immediately apparent. Document the scene by taking photos of your bicycle, the vehicle involved, and any visible injuries. Avoid speaking to any insurance adjusters until you’ve gotten in contact with legal representation. Collect contact information from witnesses and the driver involved in the accident. Seek advice from an experienced law firm such as Heidari Law Group.

Can I file a claim if I was partially at fault for the bicycle accident?

Yes, you can still file a claim even if you were partially at fault. California & Nevada follow a comparative negligence rule which means your compensation may be reduced by your percentage of fault. This comparative fault law is modified in Nevada and requires that a plaintiff’s total fault in causing the accident has to be less than 50% in order to recover something for their losses suffered. Consulting with a bicycle accident attorney can help you understand how this applies to your specific situation.

How long do I have to file a bicycle accident claim?

In most states across America you generally have two years from the date of the bicycle accident to file a personal injury lawsuit, but the statute of limitations for personal injury claims varies in each state, so it’s important to know exactly how long this is for your state. Because of the time sensitivity involved in the claims process, it is advisable to consult with an attorney as soon as possible to ensure that your legal rights are protected and your claim is filed within the statutory deadlines.

What types of compensation can I recover in a bicycle accident lawsuit?

Compensation in a bicycle accident lawsuit may include medical expenses, lost wages, loss of future earnings, pain and suffering, and emotional distress. In some cases, punitive damages might be awarded if the defendant’s actions were particularly reckless.

Do I need an attorney to handle my bicycle accident claim?

While not mandatory, it is highly recommended to hire an attorney for a bicycle accident claim. An experienced attorney can handle negotiations with insurance companies, help gather evidence, and ensure you receive fair compensation for your injuries and losses. They can also help you by build an argument to proves the most important aspect of fault in a bike accident case – how the other party’s negligence directly contributed to causing your injuries.

What if the driver who hit me fled the scene or was uninsured?

If the driver fled the scene or was uninsured, you might still have options such as filing a claim under your own uninsured motorist coverage if you have it. An attorney can assist you in exploring all potential sources of compensation.

How do I prove the driver was at fault in a bicycle accident?

Proving fault in a bicycle accident involves collecting evidence such as witness statements, traffic camera footage, and police reports. Your attorney can help organize this evidence and may consult accident reconstruction experts to strengthen your case.

What should I not do after a bicycle accident?

After a bicycle accident, avoid admitting fault or making any statements that could be interpreted as an admission of liability. Do not negotiate directly with insurance adjusters before consulting with your attorney, as this could jeopardize your claim.

How does Heidari Law handle bicycle accident claims?

Heidari Law handles bicycle accident claims by providing personalized legal representation tailored to the specifics of your case. We thoroughly investigate each accident, negotiate with insurance companies, and pursue litigation if necessary to secure the best possible outcome for our clients.

What costs are associated with hiring a bicycle accident attorney at Heidari Law?

Heidari Law typically operates on a contingency fee basis for bicycle accident cases, meaning you do not pay upfront legal fees. Instead, attorney fees are only collected as a percentage of the settlement or judgment you receive, ensuring that our interests are aligned with achieving the best result for you.

Are there specific laws for bike riding in California?

Yes, there are a handful of laws that must be followed if you plan to ride a bicycle in California. These laws include:

  • Using the bicycle lane when available. Cyclists traveling slower than the flow of traffic must use the bike lane when it is present on a road except when turning left, avoiding hazardous conditions, passing, or approaching a legal right turn. California Vehicle Code VEH 21208.
  • Ride with the flow of traffic, not against it. California cyclists are required by law to travel in the same direction that the motor vehicle traffic on the road is travelling. California Vehicle Code VEH 21650.
  • Type 3 Electric Bicycles (Mopeds & high-speed electric bicycles) are not treated as normal bikes. Type 3 bicycles are not allowed on conventional bike paths, biking trails, or bike lanes unless specifically allowed by local jurisdiction. Type 3 bicycles also require a helmet at all times and may not be ridden by those under the age of 16.
    California Vehicle Codes VEH 21207.5 & VEH 21213.
  • No one can stop or park a bicycle on a bike path, trail, or lane. Stopping, standing, sitting, or loitering that impedes the normal and reasonable movement of any bicyclist along the bike is prohibited. California Vehicle Code VEH 21211.
  • Legality of riding on the sidewalk is determined by local city and county governments. Other than Carlsbad, El Cajon, Escondido, National City, and Vista, riding on the sidewalk is legal in nearly every other part of California. California Vehicle Code VEH 21206.

Heidari Law Group for Your Bicycle Attorney Needs

Heidari Law Group offers quality legal expertise for bicycle accidents across Las Vegas, Los Angeles, Irvine, and Sacramento. We offer free consultations, are available 24/7, and don’t collect any fees until we win your case. Heidari Law Group specializes in bicycle accidents, so we know what a case needs to win.

Many clients are surprised to find out they have a case when they thought otherwise. For example, accidents that occur in California fall under the state’s ‘comparative fault law.’ This law allows people injured in an accident to collect damages from the other party, even if the other party wasn’t entirely at fault.

Let us get you the compensation you deserve. Book your no-obligation, free consultation with us today by calling 1-833-225-5454 or booking an appointment online.