Bicycle Accident Attorney — Downey, CA

• Distracted driving – The NHTSA reported that over a one-year period, 13% of all bicycle injuries and deaths were caused by distracted drivers.
• Failure to yield– While drivers and cyclists are required to share the road and ride in the same direction, motorists do not always give the cyclist the right of way or yield when necessary.
  
• Unsafe lane changes – Motorists who fail to look before lane changing or turning can strike cyclists and can cause major harm.
• Opening car doors – L.A. cyclists have to be on constant lookout for motorists who open their doors without looking.
• Poor visibility – Poorly lit roads are hazardous for cyclists traveling at night.
• Drunk driving – According to the CDC, about one-third of crashes involve a driver under the influence.
  
• Hit and run – Unfortunately, one of the most common types of collisions in Los Angeles is hit-and-run accidents.

Depending on the speed of the vehicle and the point of impact, injuries can range from minor to severe and even fatal. Cyclists are much more vulnerable to danger than motorists because of the lack of protection on a bike. Below are some of the most common bike accident injuries:

1. Fractured or broken bones. Depending on the location and type of fracture, recovery can take weeks or even months
2. Soft tissue damage. Examples include road rash, lacerations, contusions, and strains
3. Ruptured spleen. Typically caused by a blow to the lower abdomen, a ruptured spleen can cause internal bleeding
4. Facial and dental fractures. Injuries to your face, teeth, and jaw may need extensive surgery and costly treatments.
   
5. Catastrophic injuries.Examples include spinal cord injuries, severe burns, amputations, and organ failure
6. Traumatic brain injury (TBI) or concussions. Head trauma common in bicycle accidents where the cyclist is not wearing a helmet for protection

Many of these types of serious injuries require complicated surgeries, MRIs, X-rays, physical therapy, and ongoing medical treatment that are likely to go beyond your insurance company limits. Securing compensation for your injuries is an essential part of your case.

Factors such as the severity of the injuries, local traffic laws, and speed of the vehicle will all determine how much your case is worth. If you’re wondering what could be included in your settlement, that is much easier to answer. As with any personal injury claim, victims are awarded damages from the liable party. Some of these economic and noneconomic damages include:

• Current and future medical bills
• Lost wages
• Loss of earning capacity
• Loss of consortium
• Pain and suffering
• Emotional trauma and mental distress
• Funeral or burial expenses in the event of wrongful death

However, determining fault can be challenging and time-consuming. For example, if an accident happened as a result of poor road conditions, the cyclist can potentially file a claim against the city or government entity. These types of claims are intricate and benefit from the expertise of a bike accident lawyer. An attorney who knows where to look for evidence and who to contact can be your best ally during this time.

When trying to prove liability, the plaintiff (the victim) must present the defendant (at-fault driver) these four elements:

1. Duty of care: All motorists have a responsibility to drive safely and obey traffic laws. Drivers must share the road with cyclists, pedestrians, and other drivers. 
2. Breach of duty: The driver violated his or her duty of care by driving irresponsibly, speeding, failing to yield, etc.
3. Causation: Causation means that the breach of duty, such as speeding, caused the bicycle accident. 
4. Damages: The injuries incurred in your accident caused you damages like medical bills, lost wages, etc.

California law states that accident victims have two years to file an injury claim against the liable party. Speak with a Los Angeles bike lawyer as soon as possible to discuss your legal options in an initial consultation.

This is why we fight to defend the rights of cyclists who have been wronged on the road. Negotiating with an insurance company on your own can be a futile fight, especially when you’re recovering from injuries or experiencing a painful loss of a loved one in a wrongful death case. Even if you do win your case on your own, you may be offered a lowball settlement that won’t cover all of your expenses. 

Our Downey law office specializes in gaining compensation for victims of bicycle and other vehicle accidents caused by negligence. We work on a contingency-fee basis, so we never ask for fees unless we win your case. 

Let Promenade Accident Attorneys be your advocate during this difficult time. Schedule a free consultation with an experienced attorney today. We are available to chat by message or on the phone at your convenience.