Do I Need to Hire a Los Angeles Bicycle Accident Attorney
Bicycle accidents often result in serious injuries with long-term consequences. While the legal system allows injured victims to recover damages in bicycle accident cases, the process is complicated…
Not all personal injury cases require legal counsel. However, if you find your personal injury case exhibiting any of the following circumstances, it may be best to seek guidance from an experienced Los Angeles bicycle accident attorney.
1. Liability Has Not Been Established or the Bicycle Accident Claim Is Being Disputed
Sometimes, bicycle accidents involve more than one party. This complicates matters, because that means more insurance companies will also be involved, leaving more room for each party to point the finger. Potentially liable parties may include:
- Bicyclists: Yes, in some instances, injured bicyclists can share liability, as they are responsible for following specific traffic rules and riding with caution.
- Motorists: Car drivers are responsible for following traffic laws and watching for bicyclists. Speeding, disobeying traffic signals, or failing to yield can put motorists at fault in the event of a bike accident.
- Pedestrians: If a pedestrian’s actions, like jaywalking or stepping into a bicycle lane, contribute to a bike accident, they may share some blame.
- Los Angeles County: Poor road maintenance, potholes, or missing signs can create hazardous conditions for bicycle riders and car drivers. The responsible city or government entity could be liable if these contribute to a bike accident.
- Manufacturers: A defective bicycle or bike parts can cause bike accidents. In such cases, the manufacturer or distributor may be held responsible.
2. “Negligence” Has Not Been Proven
According to the National Highway Traffic Safety Administration, bicycle accidents commonly occur due to motor vehicles speeding and failure to comply with traffic laws.
It is not enough to claim that a driver is responsible for a bicycle accident because a motor vehicle sped through a red light. Instead, from a legal stance, it must be proven that the driver is guilty of “negligence.” This can be done by presenting the following four factors.
The Four Factors of Negligence
- Duty of Care: Drivers owe a duty of care to bicyclists to follow traffic laws and avoid causing harm.
- Breach of Duty: The driver breached this duty by acting or failing to act in a way that a reasonable person in the same situation would not have done. Examples include speeding, swerving into bike lanes, or disobeying traffic signals.
- Causation: The driver’s breach of duty actually caused the bicycle accident. This may involve proving that if proceeding cautiously, the bicycle accident would not have happened.
- Damages: The bicycle accident resulted in damages, which can include economic (medical bills, lost wages) or non-economic (pain and suffering, emotional distress).
By identifying the liable party, gathering evidence to prove liability, and utilizing the law firm’s available resources, a bicycle accident attorney can help build a strong case indicating the four factors of negligence.
3. Unfamiliar with Non-Economic Damages for Bicycle Accidents
Most are aware of the financial damages that should be compensated in a personal injury accident. This commonly consists of current medical bills and property damage. However…
Compensation for a personal injury claim goes beyond immediate costs, and bicycle accident victims are entitled to so much more in damages.
An experienced Los Angeles bicycle accident lawyer meticulously evaluates cases to identify all areas of losses, such as non-economic damages.
This is an area that insurance adjusters typically do not account for, as it adds significant value to a personal injury claim.
Non-economic damages consist of intangible losses like pain and suffering, mental anguish, PTSD, and loss of enjoyment of life. These losses do not have fixed values, which makes it difficult to legitimize.
However, bicycle accident lawyers can effectively argue a case’s full worth to ensure you receive the full recovery you deserve for all your injuries.
4. The Insurance Company Is Not Offering a Fair Settlement
Common bicycle accident injuries often include broken bones, traumatic brain injuries, and spinal cord injuries. These serious injuries are often sustained in bicycle accidents and require extensive medical treatment. Additionally, many victims are forced to take significant time off work, creating financial hardship.
However, the following can be compensated with a successful bicycle accident claim:
- Medical expenses: Past and future medical treatment costs for suffered injuries
- Lost wages: Recover loss of income that was not earned due to injuries
- Lost earning potential: Compensation for future earning capacity that is now impacted by sustained injuries from the bike accident
- Non-economic damages: Mental distress, loss of enjoyment of life, and other emotional or physical pain and suffering
Left with new financial concerns, injured bicycle accident victims are entitled to maximum compensation from the at-fault party’s insurance company.
Unfortunately, insurance adjusters are known to undervalue personal injury claims and minimize payouts, even when liability is apparent.
Unless liability can be proven and the full extent of damages is documented, a bicycle accident victim will lose out on a fair and full settlement.
However, a skilled Fresno bicycle accident attorney protects clients’ rights from insurance companies. A dedicated legal team will directly deal with insurance adjusters to ensure you get maximum compensation.
5. A Bicycle Lawsuit May Need to be Filed
Many bicycle accident claims are settled without the need to go to court. However, when the insurance company refuses to offer a fair settlement, personal injury lawsuits can be filed so the case can be tried before a judge.
This process is more complicated than filing a claim and will require in-depth legal knowledge to yield an ideal outcome.
Therefore, getting the best outcome for a bicycle accident case often hinges on working with the best Los Angeles personal injury attorney with proven trial experience.
A bicycle accident attorney will meticulously investigate the event, considering all possibilities to ensure they can counter every argument the other party will present.
Additionally, a dedicated legal team prepares cases for trial by obtaining substantial evidence, compiling witness statements, and working with expert witnesses to solidify the bike accident claim.
6. A Wrongful Death Occurred
As reported by the Los Angeles Times, 85% of fatal bicycle accidents occurred on Los Angeles roadways that did not have dedicated bike lanes.
Lack of proper bike safety infrastructure, coupled with a negligent driver has become a serious threat for bike riders in Southern California.
If the suffered injuries from a bike crash result in the untimely passing of the victim, then surviving family members can file a wrongful death lawsuit on the victim’s behalf.
Fatal bicycle accidents have devastating effects on families, resulting in mental turmoil and financial stress. A Los Angeles bicycle accident lawyer can aid in overcoming these challenges.
These types of cases are a threat to insurance companies, and they will fight vehemently to prevent fairly compensating what is owed.
A successful lawsuit will compensate families for any medical expenses that accumulated if the victim was treated in the hospital, funeral and burial costs, grief counseling, and other damages that are directly tied to the fatal bike accident.
When Should I Hire a Bicycle Accident Lawyer?
California’s statute of limitations only permits two years to file a bicycle accident claim. In some cases, the statute of limitations is only six months. If the deadline is missed, then victims lose their right to compensation.
Consulting with an experienced bicycle accident lawyer early on will prevent the case from becoming void and ensure the personal injury claim is filed within the appropriate time frame.
Prompt action following the bicycle accident also gives the law firm more time to investigate the event and gather evidence.
Preserving evidence is crucial, as it can vanish over time. For example, road conditions will change or become altered as time passes, eliminating evidence like tire skid marks or cracks in the road.
However, the sooner an attorney can begin investigating the case, the stronger it will be, as bicycle accident scene photos and other crucial details will be secured early on.
Additionally, memories fade with time, prompting the need to interview eyewitnesses as soon as possible. An attorney can promptly interview witnesses to capture the most accurate recollection of the bicycle accident.
For a case to prosper, it is best to consult with a Los Angeles law firm, specializing in bike accidents, as soon as possible.
Contact Angeleno Accident Lawyers for a Free Consultation
Los Angeles bike accidents can cause serious injuries, overwhelming medical bills, and emotional trauma. In the aftermath, you shouldn’t have to fight for what’s right on your own.
Schedule a free consultation with our Los Angeles personal injury law firm to learn how we can assist your bicycle accident case.
Call Us Today
