Los Angeles County Bicycle Accident Lawyer

Los Angeles County Bicycle Accident Attorney

The incidence of bicycle accidents in Los Angeles County and the surrounding areas has increased with the rise in cyclists who are riding on public roads. You can learn about the legal repercussions of bicycle accidents, including the different sorts of accidents, the factors that cause them, and what to do if you are involved in one, with the assistance of a Los Angeles County bicycle accident lawyer.

Why Should You Choose Us?

At Duque & Price, our experienced Los Angeles personal injury lawyers take pride in being advocates on behalf of our clients. Our bike injury attorneys can make unending efforts to secure for them the maximum amount of compensation that is legally attainable. We are committed to providing quality services, as evidenced by our client-focused strategy. This includes taking the time to listen to your case, gaining an understanding of your objectives, and adjusting our legal strategies accordingly.

We provide the confidence and assurance that comes with having a knowledgeable and trustworthy legal team on your side. Our stellar reputation and record of accomplishments support that level of faith. Making the decision to work with Duque & Price means choosing a partner who can be there for you from the very first meeting until the problem is fully solved.

What to Do After a Bike Accident

The moments following a bicycle accident are critical. Your actions right after the incident can significantly affect your ability to recover full compensation for your damages. Here’s what you should do:

• Assess the Damage: Immediately after the accident, check yourself for injuries. Adrenaline may mask pain, so take a moment to ensure that you’re not seriously hurt. Also, assess the damage to your bike and any other property.
• Call for Help, and Seek Medical Attention: If you or anyone else is injured, call 911 immediately. Even if your injuries seem minor, it’s essential to get medical attention, as some injuries might not be immediately apparent.
• Contact the Police: Call the police to report the accident. When they arrive, give them your account of what happened. This will be recorded in the official police report, which is crucial for your insurance claim and any potential legal action.
• Gather Information: Get the driver’s name, contact details, license plate number, and insurance information. If there are witnesses, ask for their contact information as well.
• Document the Scene: Take photographs of the accident scene, including your bike, helmet, any visible injuries, the vehicle involved, and the surrounding area. These photos can serve as valuable evidence.
• Document Your Injuries: Keep a detailed record of your injuries and related expenses. This includes medical bills, lost wages, and any other costs resulting from the accident.
• Consult a Lawyer: Speaking with an experienced bicycle accident attorney can allow them to protect your rights and guide you through the claims process. A lawyer can also ensure that you receive the full compensation you deserve.

Making an Insurance Claim

After a bicycle accident in Los Angeles County, the quickest way to obtain compensation is usually through an insurance claim. Most personal injury cases, including those involving bicycles, are settled out of court. Here are two ways that the process can work:

The Driver’s Insurance

In most cases, you’ll file a third-party claim with the at-fault driver’s insurance company. To succeed, you’ll need to prove two things: liability (that the driver was at fault) and damages (the extent of your losses). Start by gathering all relevant information, including the police report, medical records, and photographs, and then send a demand letter to the insurance company. This letter outlines your case and requests a specific amount for a settlement.

Negotiations will likely follow, during which you might reach a settlement. If not, you may need to consider legal action.

Your Own Insurance

Even though you were on a bicycle, your own car insurance might cover some of your losses. If you have Personal Injury Protection (PIP) or MedPay coverage, these policies can cover your medical expenses, regardless of who was at fault. Additionally, if the driver who hit you is uninsured or underinsured, your uninsured motorist coverage (UIM) may help cover your damages.

Health insurance can also be used to pay for medical treatment related to the accident. You might later recover these costs through the driver’s insurance.

When to File a Personal Injury Claim

If your insurance claim doesn’t result in a fair settlement, you may need to file a personal injury claim against the driver. This can happen if the insurance company denies your claim, offers an unreasonably low settlement, or disputes who was at fault. In such cases, taking legal action may be your greatest option to secure the compensation you deserve.

The Legal Process

To file a claim, you’ll start by filing a complaint in civil court. Your attorney can help you prove that the driver was negligent and that this negligence directly caused your injuries. It’s important to act quickly, as California has a statute of limitations, which is the deadline for filing a claim. Here, you typically have two years from the date of the accident to file a personal injury claim.

If your claim is under a certain dollar amount, you may be able to file your case in small claims court, where the process is simpler and faster.

Fault and Liability

It’s important to note that fault in a bicycle accident isn’t always clear. While cyclists are more likely to be injured, they can also be found at fault for accidents. For instance, if you were riding against traffic, failed to stop at a red light, or didn’t yield at a stop sign, you might be held partially or fully responsible. In such cases, your compensation could be reduced or denied, depending on the degree of fault assigned to you.

What If the Driver Hits and Runs?

If the driver who hit you flees the scene, they are committing a hit-and-run, a criminal offense in every state. In such cases, you should never try to chase the driver. Instead, call the police immediately and provide as much information as possible about the fleeing vehicle and driver.

Your options for compensation may depend on whether the driver is caught. If they are not, you can still seek compensation from your own insurance, particularly if you have uninsured motorist coverage.

How Much Is a Car-Bicycle Accident Claim Worth?

The value of a car-bicycle accident claim varies widely, depending on the circumstances of the accident and the severity of your injuries. Compensation typically includes:

• Medical Bills: This includes past and future medical expenses related to the accident.
• Lost Income: Compensation for time off work and, in severe cases, reduced earning capacity can be compensated.
• Property Damage: Repair or replacement costs for your bicycle and any other damaged property can be covered in a settlement or case award.
• Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life can be pursued with the aid of an attorney.

Every case is unique, and the specific amount you might receive will depend on the evidence presented, the strength of your legal arguments, and the negotiation process.

FAQs

How Much Compensation Can You Get for a Bicycle Accident?

Compensation for a bicycle accident varies, depending on the severity of the injuries and damages. It typically includes medical expenses, lost wages, property damage, and pain and suffering. In cases of severe injury, future medical costs and reduced earning capacity may also be compensated. While amounts can range widely, settlements are usually lower for less severe damages and higher for serious cases.

What Should You Do If Someone Knocks You Off Your Bike?

If someone knocks you off your bike, prioritize safety and assess injuries. Call 911 for medical help if needed, and report the incident to the police. Gather the driver’s contact and insurance information, and take photos of the scene and damages. Seek medical attention, even for minor injuries, and document all related expenses. Consulting a bicycle accident lawyer can help protect your rights and secure compensation.

How Often Are Cyclists at Fault?

Cyclists are at fault in bicycle accidents in relatively few cases, depending on various studies and circumstances. Factors like riding against traffic, failing to obey traffic signals, and improper lane usage can contribute to cyclist fault. However, motorists are more often at fault due to distractions, failure to yield, or not seeing the cyclist. Fault is typically determined by analyzing the specific details of each accident.

What Is the Most Common Cause of a Bicycle Collision?

The most common cause of bicycle collisions is motorists failing to yield the right of way to cyclists. This often occurs at intersections, driveways, or when a car is making a turn. Other common causes include distracted driving, speeding, and dooring (when a parked car door is opened in the path of an oncoming cyclist). Cyclists not following traffic rules can also contribute to collisions.

Contact Duque & Price

It’s important to know what your legal options and obligations are and your choices for getting compensation after a bicycle accident in Los Angeles County and the surrounding areas. An attorney at Duque & Price can help you report the accident, file a claim, and navigate other legal processes along the way. Contact us today to get started.