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Ariel Law Group luchará porYour Rights In Bicycle Accident Cases

Bicycle Accident Lawyer Serving California

When competing against cars and trucks on streets and highways, cyclists have a poor track record. Over half of all road traffic deaths worldwide are among pedestrians, cyclists, and motorcyclists (WHO, 2018). Needless to say, the injuries that victims of bicycle accidents suffer in accidents with vehicles can become even more devastating than those that one car inflicts against humans traveling in another. This highlights how crucial it is to have a bicycle accident lawyer on your side if you find yourself in this situation.

In California, a comparative negligence state, the role of all participants in an accident is assessed, and the percentage they contributed is taken into account. If, for example, a cyclist fails to stop at a stop sign or a light, these would be considered negligent. Biking while drunk or texting can also increase your liability. The advantage of having an Ariel Law Group bicycle accident attorney on your side is that we will work tirelessly to show the court that your role in the accident was minimal.

*Unless otherwise noted, the statistics used were compiled here from various sources

Do I need to hire a bicycle accident lawyer?

If you have an injury as a result of a bicycle accident, the short answer is yes. In these cases, it?s best to begin by consulting with a bicycle accident lawyer. 

Due to shock and other things that may be on your mind in the immediate aftermath of a bicycle accident, injuries aren?t always immediately noticeable. They make take time to appear and when they do, they may cause debilitating pain. This is why it?s crucial to speak with a bicycle accident lawyer about your options. 

If you?ve been in a bicycle accident that has affected your ability to work, required emergency medical care, or required hospitalization, it?s time to speak to a California bicycle accident lawyer.

What should I do after a bicycle accident?

  • If it happens on a busy roadway, get out of harm?s way as soon it is safe to do so.
  • Call 911 to request police officers and/or emergency vehicles.
  • Busque atención médica de inmediato.
  • Get information about the other parties involved in the car accident.
  • Take photos of the vehicles, your injuries, and the injuries of others involved. Take photos of the scene as well, including traffic signals and street signs.
  • Do not sign any documents or give any statements to any insurance representative without first speaking to your lawyer.
  • Do not apologize. This can be used to prove that you were at fault, even if you were not.
  • Do not admit fault.
  • Keep all accident-related medical bills stored together in a secure place. These will be provided to your lawyer to help determine the financial compensation you are entitled to.
  • Contact and hire an experienced bicycle accident lawyer as soon as possible. 

Sticking to this checklist in the event of a bicycle accident will help you ensure that your rights will be protected and you?ll get the help you need.

Who may be held liable after my bicycle accident?

An experienced bicycle accident lawyer will determine which parties are potentially at fault to ensure that you get all compensation that you are entitled to. As bicycle accident lawyers, we know how important it is to make sure that you get restitution from anyone responsible for this difficult situation. In a bicycle accident, the most commonly at-fault parties include:

  • The person driving the vehicle.
  • Public entities or commercial organizations if the motor vehicle driver was working at the time of the accident.
  • Any governmental agencies or public entities responsible for designing, maintaining, or controlling the roadway where the accident occurred.
  • Construction companies and contractors that may have affected traffic or the roadway.
  • Pedestrians.
  • Other cyclists.

Will I be able to get compensation even if I am partly to blame for the accident?

Yes. California is a comparative negligence state, which means that any person involved in a bicycle accident might be responsible for a percentage of the blame.

As your bicycle accident lawyer, part of our job is to prove that your negligence was as small as possible to ensure that you receive the compensation you deserve. The comparative negligence principle applies to most personal injury cases in California.

What types of compensation may I be entitled to?

  • Past and future medical bills related to injuries sustained in the bicycle accident. This includes hospital bills, ambulance bills, physical therapy, consultations with specialists, in-home care services, and psychiatric counseling
  • Past and future lost wages resulting from the accident.
  • Property damage. In the case of an accident, this refers to compensation for the cost of repairing or replacing your vehicle.
  • Pain and suffering resulting from physical pain, emotional distress, mental anguish, and loss of consortium. 
  • Punitive damages if the accident was the result of malicious or willful actions.

What if my bicycle accident occurred on an electric bike?

Because of the rising popularity of electric bikes, the state of California instated a new law in 2015 to help in the regulation of electric bike operation.

This law establishes three categories for electric bikes:

  • Class 1: Considered ?low-speed pedal-assisted electric bicycle?, this is a bicycle with a motor that only engages when the driver pedals and stops when the bicycle?s speed reaches 20 miles per hour. 
  • Class 2: Also classified as a ?low-speed throttle-assisted electric bicycle?, this is an electric bicycle with a motor that is used only to move the bicycle, but cannot assist when the bicycle reaches 20 miles per hour.
  • Class 3: This ?speed pedal-assisted electric bicycle? refers to any electric bicycle with a motor that only assists when the driver pedals and stops assisting the driver when the bicycle reaches 28 miles per hour. This bicycle also has a speedometer.

Keep in mind that some municipalities have regulations for electric bicycles, and some areas do not allow their use at all. You should be familiar with laws regarding electric bicycles in any area where you ride your e-bike and you should follow all typical laws and regulations for regular bicycles.

What if I am undocumented and/or don?t speak English? Will that affect my bicycle accident claim?

No. According to California law, a person?s immigration status cannot be used against them in civil cases. This includes bicycle accident lawsuits.

In addition to this, our attorneys and staff are bilingual in English and Spanish so you can feel comfortable that we will understand the intricacies of your case and keep you informed about what is happening throughout the process.

Bicycle Accidents- Frequently Asked Questions

Bicycle Accident Compensation/Cycling Injury Claims 

Cycling Injury Claims are serious matters and require expert guidance. You might be eligible for compensation for your wounds if you suffered them in a bicycle crash. An knowledgeable lawyer can assist you in understanding your rights and ensure you get the compensation you deserve. With their expertise in bicycle accident compensation, you may relax knowing that your case is in capable hands. They will collaborate with you to ensure you get the best result possible.

Who Is Liable in a Bicycle vs. Car Accident? 

Knowing who is liable in a bicycle vs. car accident is essential. Accidents of this kind can be complex, so understanding who is responsible is critical. You must be aware of the laws in your area and how they apply to the situation. Knowing who is liable can depend on the circumstances of the accident. In some cases, the car’s driver may be sensitive, while in other cases, the cyclist may be held responsible. It is essential to understand that fault can be shared in some cases, so the driver and cyclist can be liable.

Can A Cyclist Be Sued If They Cause An Accident? 

A cyclist may sued if they cause an accident because in most cases, cyclists are responsible responsible any harms or damages brought on by their negligence, just like any other road user. If a cyclist causes an accident, the injured party may be able to pursue a personal injury claim and seek compensation for their damages. Additionally, the cyclist may be held liable for any property damage caused by the accident. To determine whether a cyclist is responsible for an accident, a court will consider the cyclist’s behavior and any negligence that may have contributed to the accident. 

Learn more about how Ariel Law Group can help you get the compensation you deserve.

With 30 years of experience, we have won millions of dollars in compensation to help alleviate the staggering physical, emotional, and financial toll that accidents take on our clients. Our track record of success indicates we know how to fight for our clients.

Our team has a proven 98% success rate and you will not pay any fees until we win your case. Contact us today for a free consultation.

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