Injured in a bike accident? Here’s how to obtain financial compensation for 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 many factors can 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

Being involved in a bicycle accident can be a traumatic experience, often leading to significant injuries and financial burdens. If you find yourself in this situation, it’s crucial to understand how to pursue financial compensation for your damages. This blog article provides essential steps and considerations to help you through this process.

Attorney Justin H. King is a preeminent litigator with extensive experience advocating for injured victims of negligence. For years, Attorney King has helped bicycle accident survivors in navigating the bicycle accident settlement process to obtain the financial compensation they needed to get their lives back on track. If you are injured in a bike accident, immediate action can significantly strengthen your case. Schedule a complimentary consultation with Attorney Justin H. King to discuss the legal steps after a bike accident.

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 their vehicle responsibly, adhering to traffic laws and avoiding 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.

Personal injury claims for bicycle accidents can vary significantly, from straightforward negligence cases to complex disputes involving multiple parties. Each type of claim—whether it involves direct negligence, product liability, or wrongful death—carries its unique set of legal challenges and requirements.

The compensation for bike accident injuries can be influenced by the severity of injuries, the impact on the victim’s lifestyle, and the available insurance coverage. Factors such as the cyclist’s age and employment type may also affect the settlement amounts.

Conclusion

Recovering from a bicycle accident is a difficult journey, but you don’t have to face it alone. With the right legal guidance, you can navigate the challenges and achieve a settlement that helps you move forward. For more on documenting bike accident damages and securing your legal rights, contact our office today.

About The Author:

Attorney Justin H. King has many years of dedicated service in the field of bicycle accidents in Southern California. He currently serves as the President of the San Bernardino County Bar Association. 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.

Categories : Bike Accident

Tags:

By Justin H. King, Esq. | Posted on December 13, 2020

17:05 25 Oct 24

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

18:30 04 Sep 24

The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !

Hate Nine

06:01 04 Sep 24

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

01:00 15 Aug 24

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

21:53 29 Jul 24

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

18:26 13 Jul 24

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.