Bicycle Accident Attorney in California

If you were hurt in a bicycle accident, would you know the next steps? If someone you love was involved in a crash that caused severe injuries or death, what would you do? With an almost 10% increase in fatalities of cyclists involved in a bicycle accident, it’s crucial to have the information you need.

The client-focused law firm, Kermani LLP, is an elite team of bike accident lawyers in California. The team helps cyclists get the compensation they need to cover their losses. The purpose of this piece is to help you better understand bicycle accidents in California and assist you in furthering your understanding of how this type of claim is handled.

Why Bicycle Accidents Are Prevalent in California

There are many possible contributing factors to bicycle accidents in California. California is fourth in the nation in total number of cyclists on the road. Despite this fact, reports show that it is also one of the deadliest.

Accidents between a vehicle and a cyclist causing serious injury or death are more prevalent when:

• There is poor lighting;
• Vehicles travel faster than 35 MPH;
• The cyclist and the vehicle are on a multi-lane road;
• Drivers can’t see the cyclist because of their blindspot;
• One party is under the influence;
• One party disregards a street sign or light;
• The driver is distracted;
• Visibility is low;
• The cyclist and the vehicle are in a high-volume traffic area;
• The cyclist and the vehicle are traveling in an area with road construction or street defects that need repair.

These accidents present the potential for serious injuries, property losses, and repercussions for the involved parties. This is why working with a bicycle accident lawyer in California is vital. 

Understanding Bicycle Accidents in California: Risks and Repercussions

The most serious repercussion for the involved parties is that the accident is fatal. The family of the bicyclist is left awash in grief while handling final preparations, paying final medical bills, and facing a potential income loss. They’re also left to live with the emotional trauma of how their loved one did.

In bicycle accidents resulting in injuries, the parties may still face their after-effects. Some injuries are so serious that they’ll require medical treatment and possibly nursing care for the rest of the injured person’s life. That impacts their family as well as their future. Minor and mild injuries may require some time off work to recover, but the financial losses between medical costs and replacing or repairing their bicycle could be quite tremendous. 

Bicyclists and drivers can reduce the risk of this type of accident by knowing and applying the laws that apply to cyclists. Cyclists can further minimize the likelihood of severe or fatal injuries by observing bicycle safety precautions.

Navigating California Bicycle Laws and Cyclist Safety

Under California law, bicyclists have the same rights to use the road as anyone driving a vehicle. Cyclists also have the same responsibilities as drivers. In short, a cyclist can use the road just like a motor vehicle driver, but they must also follow the same rules such as not being under the influence, following all traffic signals, and providing pedestrians with the right of way.

In 2014, California enacted additional legislation to help protect bicyclists. One provision provides that vehicles must stay three feet away from bicyclists when they drive next to them or when the vehicle chooses to pass. Neither drivers nor bicyclists can block a bicycle path by stopping in it or parking in it.

Bicyclists have to ride with the flow of traffic. For example, if a bicyclist is traveling north on a road, it should be on the same side of the road as all drivers traveling north. They must also use the lane on the far right unless they need to pass or turn left. There are some exceptions to this. One such example is cycling on a one-way street or a narrow road. Another example is road construction. If road construction takes place in the far right-hand lane causing a lane closure, cyclists aren’t required to use the far lane.

Neither the cyclist nor the driver are legally allowed to leave the scene after a bicycle accident. This is called a hit-and-run. If it does happen, there may be other ways to obtain that person’s identity. The person who left the scene will have a bigger legal issue on their hands than the accident. They may also get charged criminally.

However, if cyclists or drivers decide they want to file a claim related to the accident, liability must be determined. The process of determining liability is crucial because it affects the recovery amount that may be available as compensation to the victim. 

Determining Liability in Bicycle Accidents

Liability or determining who is at fault for the accident requires evidence. Evidence that helps determine liability may include:

• Accident report;
• Statements to the law enforcement, the insurance company, witness, or other person at the scene;
• Footage of the accident from local security cameras or others;
• Medical records;
• Accident reconstruction;
• Physical evidence from the scene.

Liability can be tricky even when cyclists do everything they can to avoid an accident. California laws related to bicyclists must also be applied to the facts of the case. It’s important to talk with a bicycle accident attorney in California to better understand liability for your accident. This is vital because liability affects whether you’ll receive compensation for your losses.

Compensation and Claims

The amount of financial compensation for your damages depends on the facts surrounding your accident. For example, a bicycle accident where only the driver is found at fault and there are serious injuries may result in a larger payout than an accident where the cyclist is fully at fault or there are few to no injuries or property losses.

However, as a pure comparative negligence state, there isn’t a cap to liability. Many states following the comparative negligence theory cap liability between 49–51%. This means that in those states, the party that holds between 49 and 51% may receive compensation, but it will be reduced based on their share of the liability. In California, an injured party could hold as much as 99% of the liability and still possibly receive some sort of compensation.

Victims may be eligible to receive compensation for their:

• Medical bills;
• Future medical treatment;
• Loss of time from work;
• Potential loss of future income;
• Property damages;
• Pain and suffering;
• Emotional distress.

Factors that impact the amount of compensation available may include:

• The type of injuries received;
• The severity of those injuries;
• The costs associated with current and potentially future medical care;
• If time off work occurs because of the recovery or if someone is disabled from the accident;
• If the injuries cause disfigurement;
• Whether there is emotional or physical suffering to the victim because of the accident.

It’s crucial to have a potential claim reviewed by an experienced bike accident attorney in California. That is the best option to determine the potential worth of your claim. 

Your Legal Rights After a Bicycle Accident: How Kermani LLP Can Help

Kermani LLP is a team of award-winning bicycle accident attorneys in California. With more than 100 trials during the last five years, cyclists involved in accidents can rest knowing that they’re represented by a law firm with one of the highest success rates throughout the US.

The bike accident attorneys of Kermani LLP help protect your legal rights by:

• Ensuring evidence is secured and preserved;
• Talking with and negotiating with the insurance company on your behalf;
• Locate and hire experts, when necessary;
• Make certain that you are treated fairly;
• Zealously advocate for you if the claim for your crash goes to trial.

The Kermani LLP Difference in Handling Bicycle Accident Cases

Kermani LLP protects the legal rights of victims involved in these accidents by relying on:

• The best experts for claims that require them;
• State-of-the-art technology;
• Expert negotiation strategies;
• Trial-tested litigation skills when necessary;
• Individualized attention.

Kermani LLP doesn’t get paid unless they successfully settle or litigate your claim. Working on a contingency basis, there are no upfront costs or fees associated with hiring their bike accident lawyers. The firm works to make the experience as easy as it can be for their clients, all starting with a free, no-hassle consultation.

Contact Kermani LLP for Expert Bicycle Accident Legal Support

Bicycle accident claims can be time-consuming and complex. Kermani LLP’s experienced trial lawyers have a proven track record with more than $50 million in total recovery for our clients. To get started with your claim, schedule a free consultation now!