Bicycle Accidents
Biking has become a quintessential aspect of life in San Francisco and the broader Bay Area, embodying the region's commitment to sustainability, health, and community connectivity. With an extensive network of bike lanes, scenic routes, and a culture that embraces cycling as both a mode of transportation and recreation, thousands of bike riders take to the streets daily. However, amidst the bustling urban landscape, accidents can occur, highlighting the critical importance of having a reliable attorney in the event of a bicycle accident. Given the potential complexities of navigating legal proceedings and securing rightful compensation, having a skilled attorney specializing in personal injury lawsuits is essential for safeguarding cyclists' rights and ensuring proper recourse in the event of legal challenges.
California Law on Bicycle Accidents
In California, the state's progressive bicycle-related laws provide robust protection for cyclists. In the unfortunate event of a collision with a car, it's likely that the driver's negligence could result in them being held liable for covering expenses such as medical bills and bike repair costs, among other potential damages. Here are a few of the laws that protect bike riders in California:
In California, cyclists are permitted to enter motorist lanes for safety reasons, such as avoiding road hazards or maintaining their speed with traffic flow. Drivers are required to acknowledge cyclists' presence and exercise patience in such situations, even if it necessitates reducing speed. This ensures safer road sharing and adherence to state regulations.
Cyclists face the constant danger of being struck by opening doors or passing vehicles while navigating between busy traffic and parked cars. This is especially true in San Francisco. To address this, California law mandates that motorists provide at least three feet of space when overtaking cyclists, regardless of the presence of a bike lane. Violations of this law can result in fines, but there must be incontrovertible proof that it happened.
California enforces various bicycle-related laws to ensure rider safety, including equipment requirements like handlebars not exceeding shoulder height, functioning brakes, and proper lighting and reflectors for night riding. Additionally, regulations mandate helmet use for cyclists under 18, one free ear while using headphones, and prohibit carrying bulky items that require both hands off the handlebars.
Understanding a party’s rights under state law is essential for safe cycling. If an individual has been injured in a bike collision with a motor vehicle, our attorneys are here to help safeguard their rights.
Statute of Limitations for Bike Accidents
Upon sustaining a bicycle accident injury, the most important thing is to recover. That said, initiating the claims process for legal compensation is crucial. In California, the statute of limitations for personal injury claims, including bicycle accidents, is typically two years from the accident date. Exceptions to the statute of limitations include cases involving minors, where the timeframe is suspended until they reach adulthood, and instances of governmental negligence, which necessitate a distinct legal approach with a shorter deadline of six months for filing a claim.
Following medical evaluations, we advise reaching out to a personal injury attorney for help in determining the legal claims one may have and how to file a claim within the applicable statute of limitations.
Liability in Bicycle Accidents
Determining liability after a bike accident occurs is complex. Such determination involves considering various factors, such as:
Traffic laws and regulations: It is crucial for cyclists to understand and follow the laws they are expected to adhere to, especially because they are required to follow the same rules as drivers when it comes to traffic signals and signs. Misunderstandings or violations of these laws by either party can impact liability.
Right-of-Way Rules: These are also often pivotal in bike accident cases, with failure to yield being a common cause of accidents nationwide.
Negligence: Negligent driving or riding behavior can also determine liability. Actions such as driving too closely to a bike, failing to yield, or riding recklessly through stop signs can lead to one party being responsible for accident-related expenses.
In determining liability for the victim’s injuries and damages, a personal injury lawyer will gather various types of evidence to bolster their case. Eyewitness accounts carry significant weight, particularly in bustling urban areas like San Francisco, where both the police and insurance companies will heed testimonies from all involved parties and bystanders. It's crucial for them to document their version of events promptly, as memories can fade.
Additionally, photo and video evidence play a crucial role in supporting their bike accident claim. It may be worthwhile to inquire with nearby businesses and homeowners for potential surveillance footage, while also considering the possibility of obtaining dashcam footage from the involved driver through legal channels. A victim of a bike accident shouldn't overlook the importance of documenting their injuries, bike damage, and the accident scene themselves. Furthermore, police reports and other official documents serve as valuable resources for their personal injury attorney. However, it's essential to review the accuracy of the report and ensure compliance with local bicycling laws.
Damages in Bike Accidents
If injured in a bicycle accident, a victim can claim compensation for various damages, including medical expenses, loss of earnings, pain and suffering, and emotional trauma. If their injuries prevent them from working, this compensation may also cover both present and future loss of earnings. Their attorney will work with medical experts and their employer to prove financial loss. In the case of a death, family members can seek justice through a wrongful death lawsuit. To ensure that the victim in a bike accident receives fair compensation they should enlist an experienced personal injury attorney who will thoroughly investigate the accident and navigate the legal process on for them.
Why Choose Us As Your Bike Accident Attorneys?
Expertise: Our bike accident lawyers are knowledgeable in personal injury law and have extensive experience handling injury cases. We have a thorough understanding of the legal, ethical, and medical complexities involved and will use our expertise to build a strong case on your behalf.
Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.
Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in bike accident cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.
Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.
No Fee Unless We Win: We understand the financial strain that can come after suffering a biking injury and any investigation that follows, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.
Choosing the right attorney after experiencing a bike accident is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.
