Road biking and mountain biking have become increasingly popular hobbies over the last few years. This is especially true in Southern California with its endless miles of roads and trails to explore, year-round beautiful weather, and a health conscious and physically active population. However, bicycling can be a dangerous activity and accidents with motor vehicles can result in death or life altering injuries. Sometimes accidents are just accidents, and other times accidents occur because of a careless, reckless, or negligent driver. If you were hurt or a loved one was killed in a bicycle accident, contact Blain Law, APC today to discuss your potential claim. If the accident was the result of the negligence of another person, then you may be entitled to damages.
Examples of Negligent Driving
Accidents occur for a variety of reasons. Common causes of accidents that are the result of negligent driving include:
- Failing to Keep a Proper Lookout: Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. This includes bicyclists. Often times a driver is distracted because they're texting, talking on their cell phone, posting, tweeting, eating food, adjusting the radio, are blinded by the sun, or cant's see because of fog, etc. If a driver causes an accident because he failed to keep a lookout, then the driver is negligent.
- Failing to Keep a Safe Distance: Motorists are legally required to keep a safe distance from bicyclists. When driver's fail to keep a safe distance, they do not have enough time to perceive and react to events in front of them which usually results in a rear-end collision.
- Speeding: Driver's are required to control the speed and movement of their vehicles. If a driver is speeding, he may not be able to slow down and stop quickly enough to avoid a collision.
- Drunk Driving: When a driver is driving drunk (or impaired by drugs), he is more likely to cause a collision due to impaired vision, reaction time, perception, and overall driving skills. An intoxicated driver is not only negligent, but they may also be said to acting with malice or oppression and therefore subject to punitive damages.
- Right Turn Accidents: A driver making a right turn sometimes fails to look for pedestrians and bicyclists approaching from the passenger side of their vehicle. Sometimes, this failure to check for bicyclists is negligence.
Common Injuries of Bicycle Accidents
The injuries a bicyclist suffers can be catastrophic because of the size and weight difference between the bicyclist and the vehicle, and because the bicyclist lacks protection and protective gear. Hopefully, the bicyclist is wearing a helmet, but a brain injury is a still a risk even when helmets are used. Some of the common injuries include:
- Traumatic brain injury, concussion
- Fractured bones
- Spinal cord injuries
- Neck and back injuries
- Torn ligaments in the shoulder and knee
- Abrasions, lacerations, and permanent scarring
A bicyclist who has been injured because of the negligence of a driver is legally entitled to compensation for past and future medical expenses, past and future lost wages, and past and future pain and suffering. In order to recover these damages, a bicyclist should hire an experience bicycle injury attorney to represent them.
Settlement and Litigation of a Bicycle Accident Case
If you've suffered a serious injury, then you must hire an experienced injury lawyer to represent you. This is especially true when there are disputes with the insurance company over fault, the extent of your injuries, your future care, your future lost wages, and any disability. Although many cases can be settled without filing a lawsuit, this is not true in all cases. At Blain Law, APC, we understand that filing a lawsuit and preparing the case for trial may be the only way to obtain the fairness and right result for your case. In preparing the case for trial, your attorney should:
- Investigate liability by taking the deposition of all parties to the lawsuit and witness to the incident and any investigating police officer.
- Collect your medical, bulling, and insurance records that support your injuries and the extent of your medical expenses.
- Retain liability experts like an accident reconstruction expert to demonstrate how the collision occurred.
- Retain medical experts to explain the nature and extent of the injuries, and if the injuries resulted in any temporary or permanent disability.
- Retain economic damages expert to determine the extent of your lost earnings and lost earning capacity.
- Negotiate the best possible settlement with the insurance company.
Contact Blain Law, APC If You Were Hurt in a Bicycle Accident
If you've been injured in a bicycle accident caused by the negligence of another, contact us today for a free consultation. We can walk you through the steps and help you determine if you are legally entitled to compensation. We will help you understand your legal options and can help you obtain the fair and right result for your injuries. We are not afraid to file a lawsuit and take the case to trial if the insurance company is acting unfairly. Call today.