June was riding her bike down a sunny Malibu street. This was her new favorite way of getting around, especially when she was only traveling a small distance, like grabbing a coffee with a friend at a nearby bakery.
So this day was an ordinary one, when a car zoomed around the corner and swerved right into her path. Within a split second, her peaceful ride turned into something dangerous.
This is the sad truth about many cycling experiences in Malibu. While you’re protecting the environment by lowering your carbon emissions, negligent drivers sacrifice your safety just to get somewhere a few minutes early.
The worst thing is, they are not half as affected by the accidents as the cyclists because cyclists don’t have armor. They might wear helmets, but even those can be ineffective under the force of a car.
The injuries can be life-changing, not to mention that “paying for the bike” is nowhere near the amount of compensation cyclists deserve, so how do you survive in this situation?
With the help of a bicycle injury lawyer, you can make a huge difference. You can ensure that insurance companies treat you with more respect, and you can recover the compensation you deserve.
Why You Need an Experienced Bicycle Injury Attorney
Right after an accident, you will feel dazed and confused. Maybe you hit the pavement hard and have cuts. It is perfectly reasonable for you not to be thinking at that moment about laws or paperwork. All you want to focus on is getting better.
As a cyclist, you may have sustained an injury like a broken bone or a head injury, which will require long-term therapy. In the aftermath, you might have to miss weeks or months of work if you are a daily-wage earner, such as a pizza delivery person. This can be devastating for you.
This is exactly why you need an experienced bicycle injury attorney. You have been on the brink of death because of someone else’s negligence, and you deserve better. An experienced attorney will use their knowledge to understand the merits of your case and tell you how much it is worth.
They will gather evidence about the accident, such as police reports, witness statements, and traffic-cam footage. They will also handle insurance adjusters who try to downplay your injury and use small details to pin the blame on you.
Their goal is to help you secure maximum compensation that not only covers your medical bills and lost wages but also takes into account the emotional distress that comes with almost dying in a dangerous bike accident.
Common Types of Bicycle Accident Cases
When we think about bicycle accidents, we only think of crashes; however, there are different types of bicycle accidents. Knowing the types helps you understand the complexities of each case.
Hit-and-Run Accidents
Hit-and-run accidents refer to those where the driver is at fault and flees the scene instead of stopping. A large portion of fatal and serious bicycle-vehicle crashes tend to be hit-and-run.
If the driver disappears, it’s harder to determine responsibility, collect evidence, or estimate the damages. This is why victims need the help of a seasoned bicycle accident lawyer, who knows exactly how to track down witnesses and collaborate with the police to fight for rightful compensation.
Collisions With Vehicles
When the accident results from a car crashing into a bicycle, this is considered a vehicle collision. These types of crashes are the leading cause of serious and fatal bicycle crashes.
The driver in these cases usually fails to see the cyclist as they turn at an intersection, and that is why they hit the cyclist. In other cases, the cause of the crash is distracted driving or reckless behavior.
These cases are complicated because it is hard to determine how the crash happened and who was at fault. The speed at which the vehicle was going, and what the driver was doing (for example, distracted by a text) are all details that can be explored during the case to determine fault.
Road Defects & Unsafe Infrastructure
Sometimes the culprit is not the other driver, but the road itself. Cyclists are especially at risk of riding into big potholes, cracks in the asphalt, or uneven pavement. The bike can sometimes land in fast-moving traffic because of broken signage or other infrastructure problems.
In these cases, the liable party is the city or the road maintenance agency. If the accident took place on private property, the property owner is at fault. In these cases, you need a specialized lawyer who knows how to investigate the crash and collect maintenance records and information about the road conditions to pursue these claims.
An example of this is Whitehead v. City of Oakland, where a cyclist was asked to sign a waiver accepting the risks of cycling and agreeing that he wouldn’t sue. The City of Oakland claimed this waiver took them off the hook and that they shouldn’t have to pay for his serious head injuries caused by hitting a big pothole on Skyline Boulevard.
The California Supreme Court decided against the city, determining that:
a) a waiver does not supersede the law that the city has a duty to maintain public road safety, and
b) The city’s negligence in fixing the pothole is what made it responsible for the injury.
Reckless or Negligent Driving
If the case is one of negligence or recklessness, a completely different approach is required. Here’s how negligence looks: driving while texting, going too fast, or driving under the influence. All these scenarios show that the driver knowingly put someone’s life at risk.
You need an experienced lawyer to help determine the driver’s behavior, which may have led to the accident. This includes distraction, speeding, or failure to yield. It is sometimes hard to differentiate between recklessness and a mistake, but to an experienced attorney, the difference is clear as day.
In cases of negligence or recklessness, the defendant may be subject to punitive damages. An example of this was Dawes v. Superior Court, where the driver was going 65 mph in a 35 mph zone near a recreation area with many pedestrians and bicyclists around. This was deemed “conscious disregard,” which met the criteria of “malice.”
The Right Attorney Makes All the Difference
While many cyclists secure fair compensation and get to rebuild their lives, the common denominator is an experienced attorney. Without one, you’re less likely to face the insurance companies in negotiation or in court.
The key is to find the right bicycle accident attorney to handle your case.
Malibu Injury Lawyer is the perfect example. We help our clients through complicated cases, handle aggressive insurance companies, and negotiate the consequences of bike accidents. We fight to make sure you receive fair compensation for the distress you have endured.
Don’t wait to get the help you deserve. Schedule a consultation with Malibu Injury Lawyer today.
Frequently Asked Questions
What should I do right after a bicycle accident?
Get to safety, call 911, gather evidence (photos, witness contacts), and seek medical attention, even if you feel fine.
How do I know if I need an attorney?
If you were injured or believe someone else’s carelessness caused the crash, a lawyer can help you recover fair compensation.
How long do I have to file a bicycle accident claim in California?
Generally, 2 years from the date of the accident, but certain claims (like against a city for road defects) have much shorter deadlines.
What damages can I recover after a bicycle accident?
Medical bills, bike repairs, lost wages, pain and emotional distress, and sometimes punitive damages if the driver was reckless.
