Given the rush hour traffic on freeways, it is no wonder more people are opting to get where they need to go by bike. Cyclists save money and aggravation while keeping themselves healthy. Unfortunately, accidents happen, and sharing the road with cars can have dangerous consequences.
Not everyone follows the rules, and their negligence could cost you your life.
Just because you ride in the bike lane does not mean you are safe from serious injuries. The truth is, not everyone follows the rules of the road, and you could pay for their negligence with your life.
If you were injured in a bicycle accident, you might wonder what to do now. Who pays for your bicycle accident in Los Angeles, and what are your legal rights?
To navigate the legal system and get the compensation you deserve, you need a bicycle accident attorney. Our team of experienced personal injury attorneys at Adamson Ahdoot LLP has the knowledge you need to build your bicycle accident case. Call for a free consultation today.
Who’s Liable for a Bicycle Accident?
When riding your bike around Los Angeles, you take a risk. Cyclists are completely unprotected on the road, so injuries are almost guaranteed when an accident happens. Motorists aren’t always to blame for bike accidents, though. Sometimes, it’s the cyclist or even a third party. However, no matter what or who causes the accident, you must know who’s liable for the damages.
In the case of an accident with a motorist, perhaps they drifted over into your lane. Maybe they were texting and driving, or maybe they failed to yield you the right of way. In those cases, it’s not hard to see who is to blame and so liable for the accident, but what if a motorist is not to blame? Who is liable, then? What if hitting uneven pavement or debris in the road caused the driver to swerve? In those cases, it is less clear who to name in your suit.
This is why it’s essential to hire a Los Angeles bicycle accident lawyer. They can help you find the responsible party and get the justice you deserve.
Proving Negligence in Bicycle Accident Cases
The following questions may help prove that someone was negligent in a bicycle accident claim:
- Did the cyclist suffer a permanent or severe injury?
- Did the defendant’s negligence or recklessness cause the accident and the cyclist’s injuries?
- Is the cyclist responsible for the accident, or did their negligence allow the incident to happen?
Driver Negligence or Recklessness
A driver’s disregard for others’ safety may be considered reckless.
Vehicle drivers can be negligent in many ways, from traffic violations like speeding to haphazardly moving into bike lanes. But if a driver acts without considering the safety of other motorists, their actions may be deemed reckless.
Claiming that driver negligence caused a bike accident requires proving the defendant’s failure to do their duty to those who share the road with them. It’s known as the standard of care an individual must meet during a similar situation.
When this principle is applied to vehicle drivers, it includes following the National Highway Traffic Safety Administration (NHTSA)’s safety standards.
Negligence Per Se
Car accident lawsuits may also involve actions equivalent to traffic violations, which can be considered “negligence per se.”
Essentially, proof of a driver’s specific violation supports the injured party’s claim of their negligence. In this case, the responsible party must prove their innocence.
Cyclist Negligence
A cyclist may be liable for a bike accident if it’s proven that they were negligent and that behavior caused an incident or injury.
Product Liability in Bike Accidents
A product liability claim can help you get maximum compensation for injuries from defective items.
Defective parts of a bicycle or a faulty helmet may cause a bicycle accident.
In this situation, the responsibility falls on the manufacturer of your bike or helmet. A product liability claim is a potential course of action to get maximum compensation for injuries caused by defective items.
If you want to file a product liability case against a bicycle or helmet manufacturer, talk to a bicycle accident lawyer first. They’ll help you decide whether to sue for product liability and explore other legal remedies.
A Cyclist’s Rights in California
Knowing your rights when biking on California’s roads and streets can help you avoid a bicycle accident. You may be surprised to know the state’s bicyclists have the same rights as anyone else driving a car.
Motorists must show cyclists the same courtesy they would to any other driver. If they fail to do so, and a bicycle accident occurs, the driver is responsible for any injuries. Do keep in mind, though, that bicyclists must also obey the rules of the road, and injured parties bear the burden of proof to prove fault. Therefore, it’s important to contact a bicycle accident lawyer in Los Angeles to handle your case as soon as possible.
At Adamson Ahdoot LLP, our skilled bicycle accident attorneys will help you determine fault, gather evidence, and build a rock-solid case to ensure you aren’t left footing the bill for your injuries. Contact us today to discuss your case.
What Can I Claim Through A Bicycle Accident Lawsuit?
The severity of your accident and your lawyer’s expertise determine your compensation amount.
According to California law, if you or a loved one were injured in a bicycle accident, you can file a personal injury claim and potentially receive compensation for:
- Personal injuries
- Damage to your bicycle
- Lost wages due to injuries
- Medical expenses and bills, including ongoing physical therapy
- Counseling
- Disfigurement
- Lost earning capacity
- Loss of companionship or moral support between partners
- Pain and suffering, including emotional distress
- Punitive damages
The severity of your accident and injuries, as well as your bicycle accident lawyer’s expertise, determine how much compensation you could receive. Los Angeles has no shortage of law firms, but at Adamson Ahdoot LLP, we have a proven track record of helping bicycle accident victims maximize their settlement and get justice for their injuries.
Even if you weren’t severely injured, you might have other damages. Bicycle accidents can leave you with scratches, abrasions, a lasting fear of biking on the road, or physical scarring. In other cases, the following injuries may develop:
- Broken bones
- Fractures
- Head injuries
- Neck injuries
- Spinal cord injuries
- Dental trauma
- Eye injuries
- Strains, sprains, or dislocations
- Internal bleeding
Your injury might be on that list, or you might have a combination of a few. The bottom line is each case is different. The best course of action is to contact a Los Angeles bicycle accident attorney or law firm that can help you find out where you stand.
Common Causes of Bicycle Accidents
There are just as many causes of bicycle accidents as there are motor vehicle accidents. Some are motorists’ fault, and some are the cyclists’ fault. Often, the fault lies somewhere in the middle, which is a good reason to have the right law firm on your side.
Bicycle accidents have many causes, with fault potentially lying on both motorists and cyclists.
No matter who is at fault, the resulting injuries can devastate your everyday life, both financially and mentally.
The more prepared you are to ride your bike throughout the day, the safer you will be. Here are some common causes of Los Angeles bicycle accidents.
- Distracted drivers (those texting, eating, drinking, talking to passengers, operating a car’s radio, or talking on a cell phone)
- Speeding
- Drunk or impaired drivers, including those under the influence of drugs
- Drivers disobeying traffic laws (changing lanes improperly, failing to stop at stoplights, improper turns)
- Aggressive driving
- Reckless driving
- Inexperienced drivers
- Inclement weather conditions
- Construction-related hazards
- Vehicle-related defects
When riding your bike, pay attention to drivers on the road the same way you would if you were driving. It only takes a second for a bicycle accident to happen. As an experienced cyclist, you must stay aware of your surroundings.
If you are injured in a bicycle crash, there are actionable steps you can take that will help your bicycle accident lawyer build your case.
What to Do After a Bicycle Accident
The first thing you must do after a bicycle accident is to call the police. You may sustain severe injuries, and you need a medical opinion on your physical and mental state. Besides, police reports and medical reports from the scene are valuable to your personal injury case.
Even if you are not sure if you have a case, you want a complete record of the incident just in case. Ask the authorities involved for a copy of the police report and keep the document until you and your legal representative start building your case.
Our bicycle accident attorneys guide you, offering a free consultation to gather vital info.
If you are able, the next call you want to make is to Adamson Ahdoot LLP. Our team of bicycle accident attorneys will guide you through the accident process. Your initial free consultation will allow you to collect vital information critical to the success of your claim.
An experienced bicycle accident attorney from our team will also help you talk to your insurance company, the police, witnesses, and the other party involved.
Even if you think you do not have serious injuries today, you do not know the long-term effects of your accident. Having a quality law firm on your side is a smart move.
Other Important Steps
Keep notes and add them to the evidence when your bicycle accident lawyer requests them.
While you are at the scene, if a medical professional clears you, take pictures or videos of the scene. Gather contact information from witnesses and write down your account of the accident while it is still fresh.
When writing your account, include as many details about the incident as you possibly can. Remember to keep these notes and add them to the evidence against the negligent party once a bicycle accident lawyer requests it.
You should also collect the other party’s personal (name, address, and contact information) and insurance information. Pursuing an uninsured individual for damages gives you fewer avenues to recover damages, but other actions can be taken. For instance, uninsured or underinsured motorist coverage included in your auto insurance policy can cover damages.
Above all, remember not to admit fault to anyone. Even if you are not sure what happened, admitting fault without having all the facts could affect your settlement.
Instead, get in touch with our office to speak to a Los Angeles bicycle accident lawyer before you make any formal statements related to blame.
Avoid These Costly Mistakes
When you are in the throes of an accident, it is sometimes difficult to think straight. Having a list of things to avoid in mind beforehand will help you avoid costly errors in judgment.
Here’s what not to do after a bicycle accident:
- Admit you are at fault.
- Flee the scene.
- Reject medical attention or treatment.
- Avoid calling the police.
- Fail to follow your doctor’s recommendations.
- Take a settlement without speaking to your bicycle accident attorney.
- Post on social media.
- Talk to your insurance company without advice from a bike accident law firm.
- Miss crucial evidence at the scene.
What’s the Statute of Limitations for Bike Accident Cases?
Depending on where the injured cyclist lives, a bicycle accident claim can be filed within one to three years from the date of the incident.
If the injury developed gradually, the statute of limitations is one year from its discovery.
Bike accidents in California are classified as personal injury cases. Thus, you have two years from the date of your injury to file a legal claim. But if the injury gradually developed, the statute of limitations is set at one year from the time it was first discovered.
Additionally, a personal injury claim against a government agency in California must be filed within six months from the date of the injury.
Bicycle Accident Statistics
According to NHTSA statistics published in 2020, cyclist fatalities accounted for 3.4% of the total traffic-related deaths in California. The state also recorded the second-highest number of cyclist deaths in 2020, with 129 fatalities reported.
Los Angeles, in particular, has many dangerous intersections where bicycle accidents are more likely to occur. The city reported a total of 1,253 bicyclist deaths and injuries in 2023.
Across the United States, over 130,000 cyclists sustain accident-related injuries yearly. Plus, medical costs and lost wages per year in the U.S. show costs in the billions, amounting to over $23 billion.
Why Choose Adamson Ahdoot’s Bike Accident Lawyers
Hiring a Los Angeles bicycle accident attorney is an easy step to take, and the choice is clear. Our experienced bicycle accident lawyers offer a combined 100 years of service in personal injury cases like yours.
The experts at AA Law will guide you or your loved ones after a bicycle accident.
These experts know the legal steps following a bicycle accident and will guide you or your loved one every step of the way. We even offer a free consultation, so there is no out-of-pocket expense for you. More importantly, we’ll work on your case on a contingency fee basis, meaning you’ll only be billed if a successful settlement is reached.
We proudly serve the residents of California with headquarters in Los Angeles. We are on your side. When you call the law firm of Adamson Ahdoot LLP, you can count on having a compassionate, knowledgeable bicycle accident attorney in your corner. Call (800) 310-1606 to discuss your options today!
