When dealing with injuries resulting from a bike accident in California, it can be difficult to prove and present your claim to an insurance company or judge. That’s where The Law Offices of Louis Gabbara comes in. Our bicycle accident legal team in our Escondido/San Diego offices is dedicated to helping you obtain the financial compensation you deserve, especially if you’ve suffered major injuries that required ambulance, ER treatment, hospitalization, or surgery. If we take on your case, we’ll handle all the legwork, including communicating with the parties involved such as the police, medical facilities, and insurance adjusters, as well as taking care of all the paperwork. You can focus on what matters most – recovering from your injuries and getting back to your family, work, and life. We’re committed to providing you with an efficient and low-stress resolution of your claim.
San Diego: One of the most dangerous places for bicyclists
According to an analysis of law enforcement collision data from 2010 through 2016, Pacific Beach, downtown San Diego, Rosecrans Street, and certain parts of Oceanside and Escondido pose the greatest risk of injury crashes for local bicyclists. Additionally, Coast Highway in Encinitas, Palm Avenue east of Imperial Beach, University Avenue in North Park, Loma Portal, Mission Beach, Coronado beach, and West H Street in Chula Vista are also considered dangerous areas.
Escondido’s crash hotspots are located near Broadway and Valley Parkway at or about Midway Drive and Rose Street. Meanwhile, in Oceanside, the most dangerous spots are found at Coast Highway and Eaton Street, as well as Mission Avenue.
If you have questions about bicycle accident lawsuits in Escondido, the San Diego area, or anywhere in California, or would like to discuss your case and legal rights with an experienced attorney, contact The Law Offices of Louis Gabbara today at 760-294-0808
According to the California Office of Traffic and Safety (OTC) Crash Rankings Results, San Diego County had more fatalities and injuries from bicycle accidents in 2020 than even San Francisco. Los Angeles County, by comparison, had 2601 fatalities and injuries from bicycle accidents.
California bicycle accidents may result from the recklessness of drivers, hazardous road conditions, or inattentive pedestrians. The state’s personal injury laws authorize individuals who have been harmed in a bicycle accident to bring a lawsuit against the parties responsible for the incident. In cases where a family has lost a loved one in a cycling accident, they may have the option of filing a wrongful death lawsuit to seek compensation for their loss.
- Under what circumstances can I file a lawsuit following a bicycle accident in California?
- How prevalent are bicycle accidents in California?
- What steps should I take after being involved in a bicycle-car collision in California?
- Is the city liable for a bicycle accident caused by road conditions in California?
- What types of damages can be sought in a bicycle accident lawsuit in California?
- Can I bring a lawsuit if my spouse or child dies as a result of a bicycle accident in California?
- Is a driver who acted recklessly responsible for my bicycle accident in California?
- Can I sue a pedestrian who caused my bicycle accident in California?
- Is it possible to make a claim if the driver alleges that the cyclist caused the accident in California?
- What are the ramifications if my bicycle is defective and causes me to have an accident in California?
DID YOU KNOW THAT HIRING A PERSONAL INJURY ATTORNEY
WILL GET YOU 3.5X MORE MONEY VS. NO ATTORNEY?
The Insurance Research Council found that:
“Accident victims with a lawyer receive an average of 3.5 times more than those who are unrepresented.”
1. What is the process for seeking compensation after a bicycle accident in California?
If you have been involved in a bicycle accident in California, you may be able to recover damages by pursuing a personal injury lawsuit against the responsible party or parties. Damages that can be sought include compensation for physical injuries, bicycle damage, lost wages, and medical bills. If a motor vehicle was involved in the accident, it is advisable to seek legal counsel before engaging with the driver’s insurance company. In cases where the accident was caused by factors such as cracked pavement, an off-leash dog, or a pothole, it can be difficult to determine liability. Consulting with a California bike accident attorney can help you identify who may be responsible and seek compensation for your injuries.
2. How prevalent are bicycle accidents in California and what are the risk factors?
Bicycle accidents are a significant problem in California, with the state experiencing the highest rate of bicycle fatalities in the United States. According to the Governors Highway Safety Association (GHSA), between 2010 and 2012, there were 338 cyclist deaths involving motor vehicles in California. Risk factors that can increase the likelihood of bicycle accidents include age, sex, time of day, helmet use, alcohol impairment, and urban areas. Males and adults aged 50 to 59 are at higher risk of bicycle-related deaths, while children and adolescents have higher rates of nonfatal accidents. Accidents are also more likely to occur during certain times of the day, in urban areas, and when alcohol is involved. Despite the risks, biking is a popular mode of transportation in California, especially in urban areas with moderate temperatures year-round. Bicyclists have many of the same rights and duties as drivers of motor vehicles under California law.
3. What steps should I take after being involved in a bicycle-car collision in California?
If your bike accident was caused by poor road conditions, it is possible that the city or property owners could be held liable for negligence under California premises liability law. Cyclists should not automatically assume that they are at fault for crashes caused by potholes, cracked pavement, or other hazards.
Road conditions that frequently lead to bike accidents include uneven sidewalks, loose gravel, lifted asphalt, damaged road signs, and more. Property owners, whether they are private, commercial, or the city itself, may be responsible for maintaining their pavement surfaces. Therefore, if you have been injured in a bike accident caused by road conditions, you should consult with a lawyer to discuss your legal options. A lawyer can help determine if there is a viable premises liability claim against the responsible party.
4. Is the city liable for a bicycle accident caused by road conditions in California?
A California bicycle accident victim may be entitled to compensatory damages, which can cover a variety of expenses and losses related to the accident. These damages may include medical bills, lost wages, lost earning capacity, disfigurement or loss of limb, pain and suffering, and loss of consortium. The severity of the injuries sustained in the accident will determine the extent of the damages awarded.
Common injuries sustained in bike accidents include abrasions, broken bones, head and neck injuries, dental fractures, eye injuries, and internal bleeding. Loss of consortium refers to the loss of companionship, support, and intimacy between spouses or domestic partners. In some cases, the injured cyclist may be eligible for punitive damages. However, to be awarded punitive damages, the plaintiff must typically demonstrate extreme or outrageous conduct by the defendant, such as intentional actions to harm the plaintiff.
5. What is the process for seeking compensation after a bicycle accident in California?
In the event that a bicycle accident results in the death of a child or spouse, surviving family members may be able to bring a wrongful death lawsuit to seek damages in California. The deceased victim is unable to file a personal injury claim, but certain family members may be able to file a wrongful death lawsuit. These family members may include the surviving spouse or domestic partner, children, grandchildren (if the deceased person’s children are deceased), or anyone else entitled to the property of the decedent under California intestate succession laws. Damages that may be sought in a wrongful death lawsuit include burial and funeral expenses, financial earnings the deceased victim would have earned as income if he or she had survived, and compensation for the loss of companionship and support.
When injury victims file successful lawsuits or personal injury claims, they may receive compensation for a range of damages including medical bills and expenses, lost wages, lost earning capacity, property damage, and pain and suffering.
6. Can a reckless driver be held responsible for my bike accident?
If a driver was reckless or negligent in causing the accident, the victim can pursue compensation through a personal injury lawsuit. In California, negligence laws make a reckless driver liable for injuries resulting from an accident they caused.
Additionally, violating Vehicle Code 21209 VC, which prohibits motorists from driving in bike lanes, and hitting and injuring a bicyclist will almost always result in the driver being held liable in court.
To recover damages, the victim or their family must typically prove that the driver was negligent. This requires demonstrating that the driver owed a duty of care to the cyclist, that the driver breached that duty through negligence, and that the driver’s negligence was a significant factor in causing the cyclist’s injuries or death.
Drivers owe a duty of care to other drivers, pedestrians, and cyclists, and negligence can be shown through traffic violations, inattentive driving, or other negligent actions. Common examples of driver negligence include failing to give cyclists enough space while passing, speeding, failing to yield, running stop signs, distracted driving, reckless driving, and driving under the influence of drugs or alcohol.
According to Bicycling Magazine, the most common bike-car collisions involve drivers not seeing cyclists and making a left turn into their path, passing a cyclist on the left and turning right into their path, opening a car door into a cyclist’s path, exiting a driveway or parking lot into the path of a bicyclist, and hitting a cyclist from behind.
7. Is it possible to sue a pedestrian who caused my bike accident?
Yes, if a pedestrian or another cyclist caused the accident, you may have a claim for damages against them. Common causes of bike accidents involving pedestrians include failing to control their dog, walking while distracted by texting or listening to music, stepping out suddenly into a bike lane, running out in front of a cyclist, and deliberately knocking a cyclist off their bike. As with motor vehicle and bike accidents, the plaintiff would need to prove that the pedestrian was negligent. This involves demonstrating that the pedestrian owed a duty of care to the cyclist, that they breached that duty through negligence, and that their negligence was a significant factor in causing the cyclist’s injuries.
8. If a driver claims that a cyclist caused an accident, can the cyclist still have a claim?
Yes, even if the driver claims that the cyclist caused the accident, the cyclist may still have a claim for damages. It is not uncommon for drivers to blame cyclists for accidents, even when the driver is at fault. If the driver blames the cyclist, the cyclist should not admit fault. Fault in an accident can be difficult to determine, and admitting fault could result in the cyclist having to pay for their own medical bills and damages to the car.
In some cases, both the cyclist and driver may have contributed to the accident, and they may share some level of fault. Under California’s comparative fault law, if more than one party shares fault for an accident, the damages award may be reduced based on the cyclist’s level of fault. This means that the injured cyclist’s damages may be reduced if they are found to have contributed to the accident. It is important to consult with a lawyer to determine the best course of action in such situations.
9. Is it possible to make a claim if the driver alleges that the cyclist caused the accident in California?
Defective bicycles or bike parts can be the cause of some bike accidents. In such cases, the liable party is the company that designed, manufactured, or sold the defective product. In California, the “products liability” laws make the company strictly liable for injuries caused by the defective product, and the injured cyclist does not need to prove negligence.
10. What are the ramifications if my bicycle is defective and causes me to have an accident in California?
There are three types of defects that can lead to a products liability claim, which are manufacturing defects, design defects, and failure-to-warn defects. To recover damages, the injured cyclist needs to prove that the defendant designed, manufactured, distributed or sold a defective product, the product contained the defect at the time it left the defendant’s possession, the cyclist used the product in a reasonably foreseeable manner, and the cyclist suffered injury or harm as a result of the defect.
If you have questions about bicycle accident lawsuits in California or would like to discuss your case and legal rights with an experienced attorney, contact The Law Offices of Louis Gabbara today at 760-294-0808
Our law firm operates on a contingency fee basis, which means we only get paid if we win your case. Read our testimonials to learn more about our years of experience securing fair settlements. Schedule an initial consultation with our attorneys for legal advice.
Our local law offices in Escondido serves Encinitas, Vista, Oceanside, Murrietta, Temecula, Fallbrook, Camp Pendleton, the Greater San Diego vicinity, and all throughout California