Our Top San Diego Bike Attorneys Can Help
San Diego bicycle accident lawyers. Living in sunny San Diego everyone rides a bike as a form of entertainment to go to the beach, some use it as a form of exercise to work out and others even use them to commute to and from work or to go to the grocery store and run errands. Riding a bicycle has become a very popular form of transportation but with more cyclists on the road new laws had to be implemented to ensure the safety of all motorists. Most roads by the beach now have bicycle lanes in order to protect cyclists and keep traffic separate. However, when there is no bicycle lane, cyclists are to remain on the right side of the road at all times riding in the same direction as traffic and should only switch lanes if you are preparing to pass someone or to make a protected left turn. For additional protection, California requires that all bikes include the following safety features, one braked wheel, reflectors in the front, back, and sides of the bike, and that the bike’s handle bars be no higher than your shoulders and remain shoulder width apart. It is important to point out that legally a helmet is only required in San Diego for cyclists under the age of eighteen but it is strongly recommended that you always wear one to protect you from any break or fall upon impact. To ensure the safe operation of the bicycles, California prohibits driving under the influence, wearing a head set or ear plugs on both ears. Additionally, as a cyclist you are responsible for making yourself visible to those around you, realize the current condition of the roads, monitor your speed, communicate your intentions to those with whom you share the road with, and remain vigilant of the motorists and pedestrians around you at all times. If you or a loved one was riding a bicycle and suffered an accident because of another person’s negligence, you have a right to pursue a personal injury claim against them and deserve to be compensated for your damages. At San Diego Injury Law Office we specialize in bicycle accidents and have an entire legal team of private investigators, legal analysts, damage specialists, accident reconstruction experts and negotiators at your disposal. Do not waste any time, give our San Diego bicycle personal injury attorneys a call today at (619) 663-6859 and lets discuss your best option for recovery. You will see all that we can do to make you whole again!
Bicycle Laws in San Diego
In a bicycle-pedestrian accident, the pedestrian is most vulnerable to sustain an injury because there is no structure to protect the person that is walking on the road from a collision with the person riding the bike. The severity of the injuries in these circumstances can vary depending on the position of each person and force of impact at the time of the collision, if a person is facing forward they could be looking at facial scratches, a broken nose, a chipped tooth, an eye injury or scrapes and cuts in your arms and legs from the fall forward. However, if the person were to fall backwards on their head, their neck or back and they were to hit the ground hard, they could fracture bones and suffer spinal cord injuries. The standard of care that the cyclist and pedestrian owe each other is to exercise the due care that a reasonable person would have used to safeguard the safety of the other under the same circumstances. In order to determine liability, the pedestrian will have to prove that the cyclist did not act like a reasonable prudent person or vice versa. Maybe the cyclist had the right of way and the pedestrian was jaywalking on the wrong side of the street or the cyclist was operating the bicycle in a dangerous manner or knowing that the bicycle was defective chose to ride it anyway. Any of these actions would fall below the reasonable prudent person standard and consist a breach of the duty of care owed to each other. To prove that the breach was the factual and proximate cause of the accident our private investigators will go back to scene of the accident to collect witness statements from people who can corroborate your story and take pictures of the road conditions, the bicycle, and your injuries. By obtaining a copy of the police report and reviewing the images of the bicycle and the injuries you sustained, we will be able show where you were at the time of impact and demonstrate that the injuries suffered were a direct result of the collision. Next, our damages experts will determine the value of your personal injury claim by reviewing all of the medical costs that you have incurred up to date for hospitalization, doctor’s visits, medication, therapy and counseling. We will also rely on the medical diagnosis to help us determine the future medical expenses that will need to be included in your damages award. When it comes to your work, we will account for any lost wages for the days that you were forced to miss because of your injuries. If it turns out that you are unable to return to work even after your medical treatment is completed, we will demand compensation for the loss of future earning capacity. Lastly, we will discuss with you and your family the quality of life before and after the accident to make sure that we account for all the pain and suffering that you had to experience. Surviving a bicycle-pedestrian accident is no ordinary feat, you deserve to be made whole again and we are here to fight for you to receive the maximum damage award available in your case. For the best outcome in a bicycle-pedestrian accident, give San Diego Injury Law Office a call today at (619) 663-6859 the consultation is FREE!
In a bicycle-vehicle accident, the cyclist will be the most vulnerable to sustain an injury because of the massive size, strength and speed of the car when compared to the lack of structure and protection of the bike. That is why it is strongly recommended that cyclist wear a helmet at all times! The likelihood of surviving this type of accident without any permanent damage is very unlikely, the reality is that the injuries in these circumstances will be severe. When a bicycle collides with a motor vehicle the cyclist will most be thrown over the vehicle or thru the windshield, resulting in skull fractures, vertebra fractures, traumatic brain injury, paralysis, permanent disability requiring a long expensive and painful rehabilitation. Given the severity of the collision between a bicycle and a vehicle, it is imperative that you seek medical attention immediately following the accident to assess any and all injuries that you sustained from the accident. To establish liability our private investigators will go to the scene of the accident to obtain the contact information for any potential witnesses that could testify as to what happened and take pictures of the road conditions, the vehicle, the bike and all visible injuries that you sustained. Maybe the motorist was speeding and ran a stop-light or the cyclist changed lanes without signaling violating the motorist’s right of way. All of these actions would constitute a breach of the duty of care that the motorist and the cyclist owe each other because they fall below the standard of the reasonable prudent person. To prove that the breach was the factual and proximate cause of the accident, we will request a copy of the police report and collect all the physical evidence from the scene of the accident to show where everything landed after the collision and prove that the injuries suffered were a direct result of the impact between the bicycle and the vehicle. It is important that you make sure to keep all records of your medical costs from the hospital, doctor, pharmacy and therapist so that we can ensure that all accident related expenses are reimbursed in full. Considering the extent of the injuries, it is fairly certain that you will be forced to miss work while you undergo a long process of rehabilitation but do not worry because we will demand for compensation of all lost wages and any loss of future earning capacity if you are not able to return to work again. At San Diego Injury Law Office we cannot begin to imagine the emotional, mental and physical stress that you have had to endure to survive a bicycle-vehicle accident. We are here to make sure that you get the damage award that you deserve after all of your pain and suffering for the physical and mental trauma that this accident caused you.
The Role of Comparative Fault in Bicycle Accidents
If you were involved in a bicycle accident and are now concerned that you may have partially been at fault for the collision you do not have to worry about losing your personal injury claim. For example, say you are riding a bicycle and had the right of way but forgot to signal before changing lanes, so you run into a pedestrian who is jaywalking and talking on the phone. In California, the comparative fault rule will still allow you to recover damages but the award will be reduced by the percentage of the damages that the court attributes to your own negligence. In our example, say the court decides that you, the cyclist, were only 20% at fault for changing lanes without signaling, then that means that if the damage award is determined to be $100,000, then it will be reduced by the 20% attributed to your negligence in causing the accident so you will receive $80,000 in damages. However, before the court can apply the comparative fault rule to reduce your damage award, the other party has the burden of proving you were negligent. At San Diego Injury Law Office we have best legal resources at your disposal and we are ready to use them to make sure you obtain the maximum damage award available for you!
Statute of Limitations in Bicycle Accidents
According to Section 335.1 of the California Code of Civil Process, the statute of limitations for a personal injury claim arising from a bicycle accident is two years from the date of the accident. If you do not file a personal injury claim before the two years run out, you will have forfeited your right to seek damages for the personal injury claim relating to the bicycle accident. However there are a few exceptions to this general rule, if the injured party is a minor at the time of the accident, if the injured party is deemed mentally incompetent after the accident but before the two years are up, if the injured party was physically incapacitated from the accident for the two years of the statutory period, or if the injured party did not know that they had sustained a serious injury from the accident until some time after the accident, then only under these specific circumstances will the statutory period be extended.
If you are the victim in a bicycle accident and you would like to know the status of your personal injury claim give us a call immediately at (619) 663-6859, do not risk the statutory time running out, act quickly to protect your right to seek damages for your injuries while we still have a chance make you whole again!