Elk Grove Bicycle Accident Lawyer
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Elk Grove Bicycle Accident Attorney
If you are a bicyclist who has been injured in an accident, you may be wondering about your next steps. An attorney can investigate your situation, provide legal advice, and help you file a claim. An Elk Grove bicycle accident lawyer could be the resource you need to help you get the compensation you deserve. If you have been injured or suffered damages resulting from an accident, you need to speak with a crash attorney immediately.
What Makes Bicycle Accidents So Common in California
Bicyclists face serious dangers when they are on the road. California is one of the busiest states in terms of car traffic. There are several cars, commercial trucks, buses, and other vehicles on the road, and they often fail to see bicyclists. This is especially true during dawn and dusk when visibility is low.
While vehicle occupants are well protected by airbags, seatbelts, and large vehicles, bicyclists are much more vulnerable. They rely solely on a helmet to protect their head. It’s no surprise that a bicycle accident, similar to a pedestrian accident, can lead to serious and sometimes fatal injuries.
Common Injuries
There are several types of injuries that can happen from a bicycle accident. Some of the most commonly reported injuries include:
- Head injuries.
Head injuries are a pretty broad term. They can include concussions, fractured skull bones, brain damage, internal bleeding, deep cuts, or open wounds. These are the most serious types of injuries, and they can have lifelong consequences.
Neurological symptoms, including headaches, vertigo, dizziness, sensitivity to light, and memory loss, could be signs of post-concussive syndrome. Intracranial hematomas are blood clots in the brain that can be caused by a substantial blow to the head. Bicyclists should always wear helmets to reduce their chances of a major head injury during a crash.
- Spinal cord injuries.
These could be fractures to the spinal cord, damage to the disks, or nerve damage. These injuries can often lead to permanent consequences. They can reduce an individual’s strength, sensation, and bodily function. Sadly, bicyclists are very vulnerable to these injuries and have little protection available. While a helmet can protect against some head injuries, there isn’t much protection against a spinal injury. These devastating injuries could lead to physical, emotional, and mental trauma for victims. In some cases, the injury is so substantial that it leads to paralysis or death.
- Facial injuries.
Depending on how the impact occurs, it can cause the victim to strike their face against the pavement, bicycle, vehicle, or other object. They could suffer cuts, bruises, and fractures to the face. Facial injuries can be:
- Broken or dislocated jaw. The jawbone is susceptible to dislocation or fracture during an accident. It may need to be wired shut for weeks to allow for healing, permitting the victim to only consume liquids.
- Eye injury. Eye trauma and even the loss of eyesight are very possible in a bicycle accident.
- Broken nose. This can be painful and cause disfigurement, sinus issues, sleep apnea, or trouble breathing. In severe cases, there could even be a loss of smell.
- Dental injury. Teeth can be broken, chipped, or completely ripped out during an accident. Dental work can be painful and very costly. Implants and veneers may be needed.
- Broken bones.
A bicyclist’s body parts are exposed and vulnerable to injuries during an accident. Victims could suffer injuries to their:
- Collarbone. If a victim tries to break their fall by extending their arm, it could cause their collarbone to break. These injuries are pretty common. Repairing a broken collarbone could require a sling or surgery to implant metal plates or screws.
- Femurs. The femur is the largest bone in the body and often requires surgery to repair if broken. There can be post-surgery complications such as blood clots or infections.
- Arms. There are three main bones in the arm that are susceptible to injury during a fall from a bike accident: the humerus, ulna, and radius.
- Wrists, hands, or fingers. These are delicate bones that can break when victims try to break their fall with their hands.
- Hips. Victims can suffer hip or pelvic injuries when struck by a vehicle at high speed.
- Feet and ankles. Feet and ankles are especially susceptible to injury. There are several small bones in each foot. Any forceful and abrupt impact could lead to serious damage requiring surgery, treatment, and even amputation, especially if the bicyclist’s feet are secured to the pedals.
Causes of an Accident
Bicycle accidents can be caused by a variety of factors. Some of the most common reasons for accidents are:
- Speeding. Speeding can be on the part of the vehicle or the bicyclist. Bicycles cannot travel at the speed of cars, but that doesn’t mean they shouldn’t be aware of their speed. It’s important for car drivers to always go the legal speed limit. It’s equally important for bicyclists to travel at a reasonable and safe speed. Going at dangerous speeds could cause serious injuries.
- Distracted driving or riding. Drivers need to remain alert and aware of their surroundings at all times when on the road. This means refraining from looking at mobile devices, eating, or talking on the phone. This applies to drivers and bicyclists alike.
- Riding too close to the car lane. Drivers should leave enough room between their vehicle and the bicycle. The California Three Feet for Safety Act, AB-1371, requires drivers to maintain at least three feet of space when passing a bicycle that’s going in the same direction.
- Lane merging or intersection. Accidents commonly happen at intersections. These are dangerous spots where all drivers must remain diligent and aware. It’s important to use turn signals and obey stop signs to ensure safety.
- Sidewalks. Sidewalks, driveways, and parking lots are other places that tend to have high chances of accidents. Riders must be extra cautious when going through these areas. You should never assume a car will stop for you.
- Weather and other road conditions. Inclement weather, debris in the road, or other unsafe driving conditions could cause an accident. When it’s raining, storming, or you’re going through a poorly paved area, the chances of an accident are increased. You should avoid going out during poor weather if you can. If it cannot be avoided, you should be extra cautious.
A Typical Bicycle Accident Case in California
An example is an effective way to understand a typical bicycle accident in California. A man was training for a triathlon on his bicycle in Elk Grove when he was abruptly cut off by a car turning across his bike lane. He and his bicycle collided with the car, and he collapsed on the road. Because of the accident, he suffered a fracture to his spine, a broken wrist, and lacerations on his knees.
He was immediately taken to the hospital, where he needed emergency surgery to fix his spine fracture, barely avoiding being paralyzed. These injuries forced him to miss significant time at work and change his lifestyle. Additionally, his spinal cord never fully healed, and he still has uncomfortable back pains.
Thankfully, he engaged a bicycle accident lawyer immediately after his accident. With the attorney’s help, he filed a claim against the driver for their negligent and reckless driving. With the attorney advocating on his behalf, he was able to finalize a settlement compensating him for his injuries, lost wages, and pain and suffering. Due to the reckless actions of the driver, the court also awarded punitive damages to be paid out.
What to Do After an Accident
Safety is the most important thing when riding a bicycle. However, no matter how safety-conscious you are, the reality is that vehicles far outnumber bicycles on California roads. At some point, you may be involved in a bad accident. It’s important to know what to do in the immediate aftermath, as your actions could make a difference in how your legal case is eventually settled. You should remember to do the following:
- Move over to a safe place and call 911. Wait for the police to arrive on the scene and ensure a police report is filed. You and everyone else involved in the accident are legally required to remain at the scene, especially if there are injuries or damages sustained.
- Get medical attention. You should request medical attention. Whether it is a trip to the hospital or an examination by a medical professional, you should get evaluated. Even if you don’t feel any injuries, you need to get looked at, as it’s not uncommon for victims to feel fine immediately after an accident and only start discovering symptoms later. This often happens with whiplash injury. Getting checked by a medical professional immediately can help your legal case and any insurance claims that need to be filed later.
- Never negotiate with the other party or admit fault. Avoid negotiating with the other parties involved. Don’t apologize, and don’t take blame for the accident. You may not be fully aware of the injuries, damages, or the full picture of what happened. Anything you say to the other driver may be used against you by the police or the driver.
- Exchange information with the driver. You should get the name, address, contact number, insurance information, license plate, make and model of the vehicle, and their driver’s license number.
- Get witness information. Take down the names and contact information of any witnesses at the scene of the accident. They could be called to give testimony in your legal case.
- Document the incident. You should document everything you can remember about the accident. This includes taking pictures and videos of the scene before vehicles are towed away. You should write down everything you can remember. Write down the day, the weather, traffic conditions, where and how the accident happened, etc. Do this as soon as possible while the details are fresh in your mind. This documentation could prove to be relevant in your case.
- Preserve evidence. Keep your damaged or bloodied clothing and damaged bike parts. Avoid getting these items washed and repaired if necessary. At least take pictures of them so you can present them to your attorney.
- Seek a bicycle accident attorney. Before you speak to anyone about the accident, you should contact an attorney. Anything you say to a lawyer is protected. A lawyer can investigate your case, gather evidence, and create a legal game plan to get you the compensation you deserve.
- Avoid speaking with insurance companies. You may get calls from the driver’s insurance company. Insurance representatives are trained to attempt to get you to admit fault for the accident. They want to pay out the least amount of money possible. You should avoid negotiating with them and avoid speaking with them altogether. Direct them to speak with your attorney.
Remember that bicyclists have the same rights and responsibilities as motor vehicle drivers. Drivers must respect the rights of bicyclists and do their part to share the road. Additionally, it’s in your interests to engage an attorney who can file your claim and assist you through the legal process.
Even If I Was Partially at Fault, Should I Still File a Claim?
Yes, you should still file a claim even if you were partially at fault. There are cases where the police report places part of the blame on the bicyclist, but this report is not binding in court. While it serves as important evidence, it can be based on a faulty analysis of the accident, leading to a wrongful conclusion. Even if partially at fault, you still have the legal right to recover damages caused by the negligence of someone else.
A lawyer can thoroughly and independently review the situation and determine if you have grounds for a legal claim. California is one of the most bicycle-friendly states in the country, so it’s worth speaking with a lawyer.
How a Bicycle Accident Lawyer Can Help
A bicycle accident lawyer is necessary to ensure your legal rights are protected. A lawyer will ultimately help you seek the compensation you need for your damages and injuries. The process of engaging a lawyer typically looks like this:
- Discussing the details of the accident.
The first step is to discuss the accident with your lawyer. Take the lawyer through every detail of the crash you can remember; be as specific as possible. A good lawyer will actively listen and ask follow-up questions for specific information they can use to build your legal case.
Details about who caused the accident, the severity of the damages and injuries, how the injuries have affected your life, the current and future medical costs, and insurance coverage will all need to be discussed. Any pictures or videos you can provide will be helpful.
- Investigating the case.
Next, a lawyer will start investigating the case. They will either go out to the scene themselves or hire an expert to conduct a thorough investigation to acquire additional information. This could include interviewing witnesses, obtaining copies of medical records, looking into damage estimates, and taking pictures of the scene.
- Gather evidence.
There are several methods for gathering the necessary evidence needed. In all personal injury claims, proof is the most important factor. As the victim, you will need to demonstrate how the accident has affected your life.
Evidence could include medical bills, lost wages, lost earning capacity, property damage, mental anguish, and pain and suffering. There are many “hidden” damages that victims often underestimate. A lawyer can help account for all the damages you need compensation for.
- Notifying all parties. A lawyer will notify all relevant parties that they are representing you. This ensures your lawyer is involved in all communications regarding the case. This helps prevent the opposing party from taking advantage of you.
- Sending a demand letter. Once the investigation is complete, a demand letter can be sent to the driver’s insurance carrier. The letter will outline the injury claim, the details of the accident, and the amount of financial compensation you’re seeking.
- Negotiating with insurance companies. A lawyer will handle all communications with the insurance company. They will likely send a counteroffer in response to the original demand letter. The first few offers will likely be low compared to the amount you deserve. It takes an experienced legal professional to be able to effectively handle these negotiations and refuse offers that are too low. A lawyer can handle this for you while you focus on recovering from your injuries.
- Preparing for trial. In some cases, the insurance company refuses to agree on a fair settlement. This means your case could proceed to trial. Your lawyer can represent you in court and advise you throughout the process.
FAQs
Q: How Much Does a Bicycle Accident Lawyer Cost in California?
A: The cost of a bicycle accident lawyer can vary depending on the complexity of the legal case and the circumstances surrounding the accident. The fee structure of the attorney will be another factor to consider. Lawyers could charge a flat fee, hourly fee, or a contingency fee. You should also consider the location, reputation, and experience level of the lawyer. When it comes to legal representation, you generally get what you pay for, so the more experienced lawyers will likely often cost more.Q: When Should I Contact a Lawyer After a Bicycle Accident?
A: You should contact a lawyer as soon as possible after a bicycle accident. If you have been involved in a bicycle accident that caused serious injuries or damages, you should speak with a lawyer immediately. The most important thing is your health, so get the necessary medical attention first and then promptly engage a lawyer. The more time a lawyer has to review your case and gather evidence, the better your chances of success. There’s a limited amount of time you have to file a claim, so act now.Q: What Is the Most Common Personal Injury From a Bicycle Accident?
A: One of the most common injuries from bicycle accidents is head injuries. These can range from mild concussions to traumatic brain injuries. Any blow to the head could be dangerous. These injuries can result from not properly wearing head protection or substantial impact from an oncoming vehicle. Loss of balance, memory, and coordination, along with mood disorders and chronic headaches, are some of the symptoms you could experience. Getting the necessary medical attention immediately after the accident is crucially important.Q: What Does Insurance Do After a Bike Accident?
A: In most cases, the bicyclist’s personal health insurance can cover the costs related to the accident. If the driver of the vehicle is found to be at fault, then their insurance will cover the costs, and the bicyclist will be reimbursed for any expenses. Insurance can cover medical bills, lost wages, and sustained physical damages. If the bicyclist doesn’t have insurance, the driver’s uninsured insurance policy should cover damages. Speaking with an attorney can help better understand the role of insurance in accidents.Q: Why Do I Need a Personal Injury Lawyer?
A: A personal injury lawyer can help you in several ways. It can be difficult to determine the value of your case without professional legal help. There is also legal documentation and deadlines that must be met. Any failure to satisfy these requirements could have a damaging effect on the outcome of your case. A lawyer can help you navigate through the complexities of the California courts and answer any legal questions you may have. A lawyer can also help with negotiation and filing court documents.A Legal Team Ready to Help
Vehicle accidents are very dangerous situations, especially if a bicyclist is involved. Bicyclists are some of the most vulnerable people on the road. Drivers who hit them need to be held accountable for their actions. Victims can recover damages for any injuries they suffer. With the help of an experienced attorney, your chances of receiving compensation are increased.
At Guenard & Bozarth, LLP, our legal team is ready to assist you with your legal claims. With our compassion and determination, we are committed to exploring every legal option available to you. With our team on your side, you can rest assured that you’re getting the quality legal representation you deserve. Contact us today to see how we can help.
Elk Grove Practice Areas
Vehicle Accidents
INJURY PRACTICE AREAS
VEHICLE ACCIDENTS
We will promptly investigate your car, motorcycle or truck crash to pursue maximum damages.
INJURIES ON PROPERTY
Wrongful Death
PERSONAL INJURY
We fight back when legitimate claims are unfairly denied by insurance companies.
INSURANCE BAD FAITH
Bad faith litigation is becoming more common as the insurance industry continues to engage in dishonest practices that trample the rights of policyholders.
INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.
$2.9
MILLION
CAR ACCIDENT INJURY
Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012
$300
THOUSAND
HAIR SALON INJURY
Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.
$500
THOUSAND
SLIP & FALL INJURY
Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.
$300
THOUSAND
NEGLIGENCE INJURY
On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.
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