If you or someone you love has injuries from a bicycle accident, contact our local law office to discuss your case with a San Diego bicycle accident lawyer. The Law Offices of Howard Kitay can help bicycle crash victims seek financial recovery. Why choose us?
- We have recovered millions of dollars in settlements and verdicts on behalf of our clients.
- We are trial lawyers who can take your case to court if that will secure greater recovery.
- We have decades of experience focusing exclusively on personal injury and wrongful death laws.
- We do not charge anything for our services unless we secure the client’s financial compensation.
Why You Need a Bicycle Accident Lawyer
Insurance companies often have negative stigmas about bicyclists. They may assume the bicyclist is to blame for the accident and use this to minimize the victim’s financial recovery. Victims must fight back against bad faith insurance companies, reviewing their policies and proving eligibility for benefits using available crash evidence. Hiring a San Diego bicycle accident lawyer can make this possible, and maximize the odds of fair compensation. A lawyer can handle settlement negotiations while an injured bicyclist concentrates on healing.
Accidents Between Motorists and Bicyclists
What you do immediately after a bicycle collision can determine whether or not you win your case. According to California’s Statewide Integrated Traffic Records System, the majority of bicycle collisions are blamed on bicyclist. To make sure you are treated fairly, it is important to retain an experienced San Diego bicycle accident lawyer immediately.
An analysis of San Diego County accidents between bikes and cars, that resulted in injury or death to bicyclist where the fault was determined, from 2011 to 2013.
What Causes Bicycle Accidents in El Cajon?
The most common cause of bicycle accidents – and other types of traffic accidents – in California is negligence. Negligence refers to the failure to adhere to accepted standards of care. Driving distracted, drunk, or recklessly are all examples of negligent driving. Dangerous drivers are the number one safety risk for bicyclists in California. Drivers can cause crashes in many ways.
- Texting and driving
- Distracted driving
- Failing to yield the right-of-way
- Turning left or right into a bicyclist
- Making unsafe lane changes
- Drinking and driving
- Speeding through residential zones
Bicyclists also play a role in the prevention of traffic accidents. Bikers in San Diego must obey all roadway rules and pay attention to signs and traffic signals. Riding opposite traffic, failing to stop at red lights, and breaking other rules can increase a bicyclist’s risk of getting into a crash. Everyone on the roadway has a role in traffic safety. Recognizing the cause of your bicycle accident is one of the first steps in the legal process.
California Bicycle Accident Statistics
The Golden State is popular for bicyclists, with year-round sunny weather and moderate temperatures. Unfortunately, busy roads and reckless drivers endanger the lives of the state’s bikers and pedestrians. Every year, throughout the state of California, hundreds of bicyclists end up in the hospital with serious or fatal injuries after getting into traffic collisions. It is up to both drivers and bicyclists to operate safely and prevent collisions.
Percentage of Accidents Where Bicyclists Were Most at Fault
In accidents in which investigators officially determined blame, bicyclists were most responsible more than half the time each year.
Source: California Statewide Integrated Traffic Records System
If you have been injured in a bicycle accident, the insurance carrier for the other party will likely say it is your fault. And juries are predisposed to believe it is the bicyclist’s fault. You need an experienced bicycle accident lawyer on your side. Call the Law Offices of Howard Kitay today for a FREE CONSULTATION.
Determining Liability
Liability for your bicycle accident may come down to the driver or another party that caused your crash. California is a fault insurance state, meaning you will present your claim to the insurance company of the at-fault party. Proving liability takes establishing the defendant’s duty of care, breach of duty, and role in your accident. A lawyer can help you identify the correct defendant, gather evidence, and build a strong case in the pursuit of financial recovery.
What Kind Of Compensation Can You Receive?
Our experienced bicycle accident lawyers have successfully resolved bicycle accident all over San Diego County and throughout California. California law provides an injured bicyclist may recover compensation for the following elements of damages:
- Medical expenses, including past and future care
- Pain and suffering from the time of the incident through the time the injury is resolved, including future pain and suffering
- Lost wages – when a cyclist cannot work or return to his or her employment at the time of the accident, he or she may recover lost wages
- Property damages – a cyclist may recover compensation for damage to his bicycle and any gear damaged in an incident caused by a negligent driver.
What Should You Do After a Bicycle Accident?
- Seek medical attention immediately. Delaying treatment may jeopardize your physical well-being AND hurt your legal case.
- Take notes. Record the driver’s name, address, phone number, insurance agency, and the make, model, and license plate number of their vehicle.
- Obtain any information of witnesses.
- Take photos and examine the scene.
- DO NOT SPEAK WITH ANY INSURANCE COMPANIES, EVEN YOUR OWN. Instead, be smart: hire an attorney and let your attorney do the talking for you.
- IMPORTANT: There is a statute of limitations that creates a deadline by which you must settle your case or file a lawsuit. It is important to consult an attorney as soon as possible following an accident to make sure proper deadlines are calendared and all evidence obtained and preserved.
At the Law Offices of Howard Kitay, our lawyers have investigated, represented, and resolved dozens of bicycle accident claims in San Diego over the years. We believe in protecting the rights of our city’s vulnerable bicyclists after serious crashes. We can review the facts of your case and tell you if it has merit during a free consultation with one of our lawyers. Schedule yours today. If you or a loved one has been injured in a bicycle accident, call the Law Offices of Howard Kitay today at 619-442-0542 for a FREE CONSULTATION.
