Los Angeles Bicycle Accident Lawyer
Between 2010 and 2012, 338 California bicyclists died in motor vehicle collisions, a statistic that was higher than any other region in the nation. Los Angeles can be a dangerous city for bicyclists because of the massive numbers of cars that travel its highways every day. Bicyclists still have rights when they traverse Los Angeles highways. If you suffered an injury in a bicycle accident in Los Angeles, you may be eligible to receive compensation. Contact Estey & Bomberger for representation today!
Common Causes of Bicycle Accidents
Bicycling comes with risks, but it shouldn’t be a dangerous activity. The limited protection a bike offers means accidents can be exponentially more damaging than for those in cars. One of the most dangerous situations for a bicyclist is when a motor vehicle is pulling out of a driveway, parking lot, or garage. The driver may not expect or see the bicyclist traveling in front of the car, leading him or her to drive forward and hit the bicyclist.
Another dangerous situation is when a bicyclist is traveling adjacent to a car and the car attempts to turn right – which would cause the car to hit the bicycle. Some motorists have a hard time seeing bicyclists or do not take the time to check and see if one is coming before they turn.
Most states require bicyclists to drive on the right side of the road, though some exceptions exist. Because bicyclists are traveling on the right side, they can collide with parked cars. A driver may open the door of his or her parked car without seeing a bicyclist coming, not leaving the bicyclist enough time to brake or veer around the door. Crashing into an open car door can be fatal for a bicyclist.
Moving around cars is also a dangerous situation for bicyclists. If another vehicle is approaching and does not realize the bicyclist is going to pass the vehicle, the driver could rear-end the bicyclist.
Another common situation that leads to bicycle accidents is when a motor vehicle makes a left turn into a bicyclist. Whether the car strikes the bicyclist or cuts him or her off, it can be a seriously damaging incident.
Pure Comparative Negligence
In most accidents, fault matters in a collision when it comes to compensation from a personal injury claim. California follows the pure comparative negligence rule, which gives courts the right to reduce compensation depending on how at fault the victim is in the accident. For example, if the court determines the victim was 15% responsible for the accident because he or she wasn’t signaling, it will reduce what the negligent party must pay by 15%. Unlike most other states, in California victims can receive compensation even if they are more at fault than the defendant.
What Types of Compensation Can I Get for my Bike Injury?
If the court determines the defendant is liable for your injury, it may award you damages. An attorney may be able to help the victim reach a settlement, avoiding trial completely. The most basic type of compensation you can receive is past and future medical expenses, which includes hospitalization fees, cost of seeing any doctors, physical therapy, and any other medical costs that you currently have or will have in the future because of the incident.
The defendant may also have to compensate you for lost wages, which covers money that you lost because you needed days off work to recover. Lost wages also covers a difference in earning potential if you are no longer able to earn a salary as high as before the incident.
Some victims receive damages for pain and suffering, which accounts for a difference in their quality of life. Your attorney may gather statements from people who can testify about your life before and after the bicycle accident to prove pain and suffering.
Los Angeles Bicycle Accident Attorney
If you suffered an injury in a bicycle accident in Los Angeles, speak with our experienced attorneys for help. Contact Estey & Bomberger for dedicated representation in your California bicycle accident case. Call us today! (619) 295-0035