Injured in a bike accident? Here’s how you can obtain financial compensation for your damages.
Throughout the United States, bicycle accidents are on the rise. According to a report published by the NHTSA, Bicyclist and Pedestrian Safety, traffic accidents involving cyclists have been increasing since the year 2009. Unfortunately, bicycle accident rates are worse in California. A recent article by U.S. News states that bike accident fatalities have hit a 25-year high in the state. While there are a wide-range of factors that could lead to bike accidents, a vast majority of accidents are caused by another’s negligence.
Based on the personal injury laws of California, when a person is injured as a result of another’s negligence, the injured victim has a right to pursue financial compensation from the at-fault party through a personal injury claim. Like many other personal injury claims, bike accident claims require proving the defendant’s negligence (or intentional wrongdoing) has caused the injuries. Although negligence is a concept that can be easily understood, proving it requires in-depth legal knowledge.
Obtain a No-Obligation Consultation With an Award-Winning Personal Injury Attorney
Attorney Justin H. King is a preeminent litigator who has established a reputation of successfully advocating on behalf of injured victims of negligence. For many years, Attorney King has helped bicycle accident survivors obtain the financial compensation they needed to get their lives back on track. If you were injured in a bike accident, taking immediate action will incredibly help you build a strong case. Obtain a complimentary consultation with Attorney Justin H. King to get started on your case today.
Essential Elements of a Strong Bicycle Accident Case
Establishing negligence in a personal injury claim for a bicycle accident, required proving the following elements:
- The Driver Owed a Duty of Care
In California, every driver has a duty to operate the vehicle in a responsible manner. Drivers are obligated to obey traffic laws and avoid causing preventable accidents.
- The Driver Breached His/Her Duty of Care
Once it has been established that the driver owed the victim a duty of care, it must then be established that the driver violated the duty. In a bicycle accident, a breach in the duty of care could be anything the driver did that was either negligent, intentional, or was a blatant disregard for human life. This can include the following violations of traffic laws: Driving too fast for weather conditions, Failure to yield to bike riders, Driving while distracted, Driving while sleep-deprived, or Driving while intoxicated.
- The Violation in Duty of Care Resulted in the Cyclist’s Injuries
Successful personal injury cases in California must also demonstrate that the breach of duty of care led to the victim’s injuries and damages. Depending on the case, this can involve the following: Hospital bills, Prescription medications, Loss of income and benefits, Loss of future earnings, Loss of quality of life, and Pain and suffering.
Common Bicycle Accident Injuries
Bicycle accidents are unique accidents that result in different injuries than other types of traffic accidents. Bicycle enthusiasts regularly face a myriad of risks that others on the road typically do not, such as overexposure to the road and other elements. When a cyclist is struck by a moving vehicle, the injuries can be devastating.
The following are some of the most catastrophic injuries that can affect cyclists for a lifetime: Traumatic head injuries, Neurological damage, Facial injuries, Internal injuries Ruptured discs, Bone fractures, and Spine injuries.
Aside from physical injuries, bicycle accident survivors can also develop emotional trauma that can manifest in a variety of ways. Depending on the severity of the trauma, a survivor can develop debilitating disorders, such as post-traumatic stress disorder (PTSD).
A mental health fact sheet on PTSD published by the University of North Dakota reports that PTSD can be extremely debilitating, and it can result in the following symptoms: Nightmares, Flashback episodes, Depression, Sleep disturbances, Outbursts of anger, Anxiety, and Emotional numbness.
Recovery After a Bicycle Accident
All bicycle accidents can be serious, as even a minor accident can put a victim through considerable amounts of pain and suffering. Fortunately, a bicycle accident claim filed against the at-fault driver can provide a sense of comfort when the accident has resulted in mounting medical bills, disability, and emotional trauma.
Taking the following steps will ensure the personal injury case has the best opportunity at being successful: File a police report and obtain a report for records, Seek immediate medical attention and safeguard all medical records, Obtain nearby surveillance footage of the accident, Take pictures of the damages of the bicycle and vehicle involved, Take pictures of the accident scene, Obtain witness reports and their contact information, Exchange contact information with the at-fault driver, including insurance information, and Contact a well-practiced personal injury attorney.
Financial Compensation is Available With the Support of a Proficient Personal Injury Litigator
Sadly, bicycle accidents are on the rise in the State of California. When a car collides with a cyclist, the injuries inflicted on the injured rider can be disastrous, and they have the potential to affect the rider for the rest of his or her life. Bicycle injury cases are not like most personal injury cases. The legal system as well as the insurance industry can be very unforgiving, as they are generally biased against bike riders. When a bicycle accident results in injury, it is necessary to contact the legal support of a proficient litigator who understands the laws surrounding bicycle accidents.
Attorney Justin H. King has many years of dedicated service in the field of bicycle accidents in Southern California. His representation is focused on assisting cyclists recover the financial compensation they deserve after a negligent accident. Attorney King will conduct an immediate investigation of the incident, and ensure all potentially liable parties are held responsible for their negligence. After a bicycle accident, ensure your case has the best opportunity at being successful and contact the support of a preeminent attorney right away. Consider calling Attorney Justin H. King today at (909) 297-5001 to receive a complimentary consultation.