The California Office of Traffic Safety (OTS) recorded a total of 1,108 pedestrian accidents in California in 2021. Additionally, in that same year, the OTS noted an added 125 bicycle rider fatalities.
According to their data, the majority of these accidents occur in urban areas like San Diego, San Francisco and Los Angeles. While, all in all there are 10,000 reported bicycle accidents all across California.
This blog aims to provide essential insights into the various settlement options available for bicycle accident lawsuit in California.
Understanding Bicycle Accident Lawsuit in California
The rising number of incidents involving cyclists causes alarm in various areas in California especially since the total number exceeds that of the national average. The common causes of bicycle accidents can vary and span from negligent motorists to unsafe road conditions.
Below are the five most common causes of bicycle accident cases:
Distracted Driving – Drivers don’t pay attention to the road. Due to unawareness of their surroundings, they collide with another vehicle or hit a pedestrian.
Speeding – Some drivers go beyond the speed limit and risk other people’s safety.
Hit and run – California is one of the states with a high hit and run percentage. This often results in fatalities where bike riders are involved.
Unsafe highways – Debris from construction work, potholes, and insufficient or poorly placed bike lanes may lead to accidents.
Reckless driving – unexpected incidents may occur when cyclists do not yield to pedestrians.
In 2022 alone, there were over 8,600 reported bicycle accident injuries, emphasizing the need for improved safety measures and awareness among both cyclists, motorists and pedestrians.
Legal Rights of Cyclists Involved in Bicycle Accident Lawsuit
Cyclists involved in accidents have specific legal rights under California law. The state follows a comparative negligence doctrine. Under this doctrine, victims can recover damages even though they have partial fault for the incident.
However, the compensation they receive also depends on the degree of fault they are responsible for. Victims of bicycle accidents may seek compensation for the following:
- Expenses related to medical care: All costs related to receiving medical treatment for injuries.
- Lost Wages: Compensation for income lost during recovery.
- Damage to Property: File for reimbursement related to repairs or replacement of any damaged property
- Pain and Suffering: Compensation for emotional distress resulting from the accident.
California law also mandates that cyclists adhere to specific safety regulations outlined in the Vehicle Code. This includes requirements for proper equipment and riding practices to enhance safety on the road.
The Bicycle Accident Lawsuit Process
The process for filing a personal injury claim involves many steps. These are the essential steps you need to observe in order to successfully file a claim
Wait for the police
Call the police so they can make an official documentation of the incident. Even though the injuries may not seem severe at the time of the incident, it is important that police officers are present during the scene so they can carefully assess the situation.
Provide a statement to the authorities
Request the officers to note your statement on what happened. Make sure that they are listening well.
Get the cyclist’s personal details
You should have the cyclist’s address, phone number, license plate and insurance information. This will help you get in touch with them if the need arises.
Document the scene
Take pictures of videos of the surroundings and of your injuries. If possible get an audio and video of recording that will help you have a more accurate record.
Seek medical help and keep copies of the medical records
Get medical attention for your wounds and request the hospital staff to provide you with copies of the doctor’s findings, the treatment process and the overall cost. These documents are necessary for filing claims.
Consult with a personal injury lawyer
A personal injury lawyer knows the best course to take in filing a claim. They can help you achieve the compensation you deserve most for your injuries and losses. If you are considering applying for lawsuit cash advance or legal funding, they can guide you to the most reliable legal funding companies.
Factors Influencing Settlement Amounts
Degree of severity of physical injury
The seriousness of injuries is critical in determining settlement amounts. Serious injuries, such as broken bones or traumatic brain injuries, often result in substantial compensation. For instance, injuries related to fractures and the brain require longer medical treatment and involve costly healthcare plans.
Lost income
If the plaintiff needs to take time off work due to their injuries. Then, the lost income is considered as part of the settlement. This includes both current and future earnings that may be affected by the accident.
Non-economic damages
Aside from the bodily injuries that the victim needs to heal from, they also undergo emotional distress and pain and suffering. Generally, these emotional and psychological burdens also become part of the settlement computation. Once there is solid proof to support the presence of non-economic damages. Hence, it may also lead to higher settlement.
What You Should Know
With over 10,000 reported bicycle accidents annually along with a significant number of fatalities, cyclists and pedestrians need to be aware of their rights. The comparative negligence doctrine allows victims to recover damages even if they shoulder some fault in the untoward incident.
The process of filing a personal injury claim involves crucial steps, including documenting the accident scene and consulting with a personal injury lawyer, which can significantly influence the outcome of the case. Factors such as the severity of injuries, lost income, and non-economic damages play vital roles in determining settlement amounts.
Ultimately, being informed empowers cyclists to make better decisions in pursuing justice and compensation after an accident, while ongoing efforts to improve bicycle safety in California remain essential for reducing incidents and enhancing protection for all road users.
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