City of Upland Bicycle Accident Attorney
Accomplished City of Upland Bicycle Accident Attorneys
The City of Upland is recognized as a bicycle-friendly community, offering multiple bicycle safety paths. Regrettably, even as the number of cyclists have increased, the number of bicycle-related traffic accidents has also climbed. The National Highway Traffic Safety Administration reports that since 2009, bike-related traffic fatalities have steadily increased. Even when a bicycle accident does not lead to fatal injuries, the consequences can nonetheless be disastrous.
When involved in a traffic accident, cyclists are virtually unprotected. They do not account for the heavy metal shield drivers are protected by in their cars and they are also not equipped with the heavy gear worn by most motorcyclists. Even with the use of a well-built helmet, cyclists run the risk of devastating, life-changing injuries.
Defend Your Right to a Fair Compensation With the Support of a Skilled Attorney
If you have been seriously injured while riding your bicycle, you may be eligible to receive monetary compensation for your injuries. Discuss your legal options with a qualified litigator who will advocate on your behalf.
The personal injury attorneys at the Law Offices of Attorney Justin H. King are highly regarded in the field of bicycle accident cases. With more than a decade of experience in the field of personal injury, the firm understands what is required to build a strong case and provide the best opportunity at recovering a full compensation. Consider scheduling a no-obligation consultation with the firm using their online Contact Form today.
Causes of Bicycle Accidents
Like all traffic accidents, bicycle accidents can be caused by a wide variety of reasons. In a majority of cases, however, driver negligence is usually the main cause of the accident. The following are the top three causes of bicycle accidents in California:
Dangerous roads and intersections are not generally considered in a bicycle accident but they are a leading factor in bicycle accidents. A dangerous road condition can involve, but is not limited to: Potholes and street deterioration, Bike lanes placed adjacent to parked cars, Lack of bicycle lanes, Construction zones that obstructs the bike lane, Drastic downhill incline, and overgrown weeds and brush.
According to the Journal of Public Health, when bike lanes have been placed on the road, the risk of cyclist injury can decrease by 50 percent. When a city constructs protected bike lanes, the risk of injury is reduced by 90 percent.
As previously mentioned, driver negligence is the top contributing factor of bicycle accidents. When a driver is speeding, is distracted, or is driving under the influence, he or she can strike a cyclist causing him or her catastrophic injuries. Other negligent actions can include: Driving while sleep deprived or fatigued, Aggressive driving, Failing to properly signal before changing lanes, Changing lanes excessively, Failing to yield, and/or Failing to follow posted street signs.
When a cyclist is traveling down a bike lane that runs adjacent to parked cars, he or she runs the risk of suffering a dooring accident. A dooring accident can occur when the driver of a vehicle exits his or her car without first checking for an oncoming cyclist. When a rider collides with the suddenly opened door, he or she can suffer serious head injuries, including facial disfigurement. In other cases, the rider can be placed in even greater danger when he or she instinctively drives into the oncoming traffic in an attempt to avoid colliding with the suddenly opened car door.
Proving Fault in a Bicycle Accident
In California, when the at-fault party has acted in a reckless or negligent manner, he or she will be held responsible for the victim’s damages. Negligence means that the at-fault party failed to act in a manner a reasonable party would have acted given similar circumstances. In most cases, negligence is established by a criminal action. For example, if the driver was found to be speeding at the time of the accident, this would represent negligence and the driver would be held accountable.
Moreover, bicycle accident cases operate under the comparative negligence system, meaning both parties will be held accountable for contributing to the accident. Instead of receiving a full amount of award, the compensation will be subtracted by the percentage the parties have been found at-fault. Consequently, it is critical to build a strong case against the negligent party, as every percentage found at fault will greatly reduce the amount of compensation secured.
Critical components of a strong bicycle accident claim can include: An established medical record, The police report, Witness statements, and/or photos and video of the accident scene.
Injuries Typically Sustained in a Bicycle Accident
Injuries caused in a bicycle accident can be serious, especially because cyclists are exposed to harsh environmental elements, such as concrete, asphalt, and metal. Any accident suffered while riding a bicycle has the capability to cause catastrophic or fatal injuries. The consequences of a bicycle accident injury can be irreversible and permanent.
The most commonly experienced injuries include: Facial bone fractures, Broken jaw, Chipped teeth, Road rash, Broken bones, Neck injuries, Traumatic brain injuries, and/or amputation or loss of limb.
Bicycle accidents are also among one of the leading causes of spinal cord injuries, and these injuries are life-changing. The consequences of a spinal cord injury can be wide-ranging, but can usually involve: A loss of sensation, Inability to move certain parts of the body, Loss of bladder or bowel control, Chronic nerve pain, and/or pressure ulcers.
Moreover, spinal cord injuries are incredibly expensive. The need for lifelong physical therapy and medical care can result in thousands of dollars of medical costs. After a spinal cord injury, many victims lose their independence and the ability to earn an income, thus causing even greater financial despair.
Taking Necessary Precautions to Ensure a Successful Bicycle Accident Claim
The actions taken after the accident can not only help strengthen the case, but they can also secure a maximum compensation. Following a bicycle accident, the first priority should be to seek a medical evaluation immediately after the accident. It is important to keep in mind that many injuries can remain undetectable for several days after the accident. Injuries that do not present immediate symptoms can sometimes result in long-term consequences.
Mr. King helped us cope with an injury caused by an auto accident. Throughout the process he showed great integrity, intelligence, wisdom, and the right amount of aggressiveness to get the job done. He conducted himself as a real gentlemen. Finally, he was easy to stay in contact with, was not handing us over to assistants or lower-level attorneys to keep us out of his hair. You dealt with him personally the whole way through, and he was honest about what he thought was reasonable and realistic, and what was a strategy that science and medicine could support. (We have science/medicine backgrounds.) We came out of the process with an excellent outcome so that we could try to keep our lives on the same path as before the injuries, and he always tried to reduce the stress by reaching out to us along the way. We are very pleased that we selected Mr. King and recommend him most highly!
Additional precautions that should be considered include: Obtaining the contact information of all drivers involved, Writing down the license place number of the vehicle, Taking pictures of the damage to the vehicle and bicycle, Obtaining the contact information of the witnesses, Taking photos of the injuries sustained, and/or making note of any potential surveillance cameras at the scene.
One of the biggest challenges a person can face in the aftermath of a bicycle accident is defending the case against aggressive insurance companies. Insurance companies will do whatever is possible to avoid paying injured victims what they are owed. To have a successful outcome, building a strong case is imperative.
Secure Financial Compensation With the Support of a Qualified Attorney
It is no surprise that bicycle accidents are incredibly dangerous and can lead to serious, irreversible injuries. When a bicycle accident has been caused as a result of the negligence of a driver, the injured cyclist has the legal right to pursue a personal injury claim to obtain monetary damages. Although filing a claim does not require legal representation, obtaining qualified support can help maximize the amount of compensation obtained.
The Law Offices of Attorney Justin H. King is a law firm that is exceptionally experienced in the most complex bicycle accident cases in Southern California. Additionally, the accomplished law firm has also received top recognitions, such as Top 40 Under 40 by the National Lawyers Association and accolades by Avvo.com and SuperLawyers. The law firm has an established track-record of championing on behalf of those who have been injured as a result of another’s negligence.
If you or someone you love has been injured in a bicycle accident, consider obtaining legal counsel from a law firm that is qualified in handling challenging bicycle accident cases. Contact the support of the attorneys at the Law Offices of Attorney Justin H. King to schedule a free, no-obligation consultation today.