Recovering Compensation For Injured Bicyclists
Bicycle accidents can occur in a wide variety of locations, such as parking lots, sidewalks, crosswalks, bike lanes, roadways and more. Riders are at a disadvantage on the roads that are supposed to be shared with cars. They may be overlooked, they are cut off, and they are the ones that are always more severely injured in a crash. Most cyclists have experienced a vehicle making an unexpected maneuver into their path, as though the bike rider was invisible. Many times, this results in a collision and serious injury.
Even when the cyclist did nothing wrong, driver prejudice can come into play when dealing with an insurance company or a jury. Bicycle injury claims have unique requirements and are generally more successful if a bicycle accident attorney with relevant experience represents the injured cyclist.
Overcoming Bias And Determining Causes
The trial lawyers at The Brandi Law Firm know that it is just as important to determine causation as it is to overcome inherent bias in the case of a bicycle accident. That is why we approach bicycle cases differently than other legal matters. The only way to overcome a preexisting bias is with evidence. Our Sam Francisco bike accident attorneys use qualified accident reconstruction experts to explain why a cycling accident happened. Then, we use this evidence to show what the at-fault party should have done by to avoid the collision.
It is important to know that all cases are different, and the legal strategy and results vary depending on the particular circumstances of the case. Call The Brandi Law Firm today for a no-cost case evaluation.
Proving The Case In A Bicycle Accident Lawsuit
A bicycle accident can lead to a personal injury lawsuit, especially when an insurance company does not want to settle for a reasonable amount. If this happens, then the injured cyclist must show that the defendant failed to exercise reasonable care and caution.
If you bring a lawsuit after a bicycle accident, you and your lawyer must demonstrate that someone else’s failure was the cause of your injuries.
Demonstrating Failure To Exercise A Duty Of Care
A duty of care is a legal standard that applies to individuals engaged in certain activities. It requires the use of the same or similar care and precaution that an otherwise reasonable person would exercise in a comparable situation. For drivers, this means driving safely for the current weather, traffic, and road, including following all applicable laws.
Where an injured bike rider can show that the motorist violated a traffic law when the accident occurred, it may be enough to prove the motorist breached their duty of care. Common traffic law violations that lead to bike accidents include driving under the influence, distracted driving, failing to yield the right of way, entering a bicycle lane to make a turn when it is not safe to do so, and failing to signal before changing lanes.
Proving Negligence And Causation
After demonstrating that the motorist breached their duty of care, the injured rider must prove that this negligent conduct was a direct and foreseeable cause of the collision. Finally, the bicyclist must prove damages that are reasonable and quantifiable. Damages in bike accidents can include a wide range of losses including but not limited to medical bills, rehabilitation, past and future lost earnings, and pain and suffering.
Unfortunately, some bicycle accidents result in a loss of life. California law allows surviving relatives to file a wrongful death claim to recover compensation for the loss of support, companionship and other applicable damages.
Past Case Results By Our San Francisco Bicycle Injury Lawyer Team
All personal injury claims are different, as are the results. See examples of some of our attorneys’ bicycle accident case results below.
Bicyclist v. State of California – $5 million
Wrongful death of a bicyclist who was riding with a friend on the shoulder. We contended that the State should have provided barrier protection for bicyclists allowed to travel on high-speed freeway shoulders on bridge approaches.
Bicyclist v. State of California – $1.85 million
A 16-year-old was killed while riding her bike in a marked crosswalk. The crosswalk was unsafe due to the lack of signals and other devices warning of her presence.
Bicyclist v. Driver – Confidential Settlement
A car struck our client when exiting a driveway, though our client was traveling legally within a bike lane.
Bicyclist v. Truck – $1 million
A truck passed too close to a bicyclist, striking him with a side mirror. The truck then ran over the cyclist, causing his wrongful death. The truck left the scene believing there was no contact.
Bicyclist v. City of San Francisco and State of California – $925,000
Our client was paralyzed after he hit a sign that was in a dangerous condition.
Bicyclist v. Driver – Policy Limits Settlement
A car stopped short in front of our client, daily rider, forcing him to strike the vehicle.
Bicyclist v. Driver – $489,000 verdict
Our client was doored while legally riding in San Francisco. The evidence showed that the driver failed to take reasonable steps to see the bicycle rider.
Bicyclist v. Driver – Policy Limits Settlement
Our client was doored when he was legally biking on the road.
Bicyclist v. Driver – Confidential Settlement
A vehicle struck our client at high speed when he was lawfully within the intersection.
Bicyclist v. Driver – $100,000
Our client was proceeding straight through a city intersection when a car turned left right in front of him claiming the rider was riding unsafely.
These results are a demonstration of our past successes; they are not guarantees of a particular outcome or what you may receive in your situation. To discuss your particular injury claim, contact a personal injury attorney.
Suffered A Bike Accident? Contact Our San Francisco Law Firm.
The litigators at The Brandi Law Firm have years of experience handling bicycle accident injury cases. We have repeatedly proven common misconceptions of cyclists to be wrong. Law enforcement accident reports often assess liability based on inaccurate, incomplete, or biased information or witness statements.
It is our years of experience reviewing traffic accident reports, gathering and presenting evidence, and challenging assumptions that have led to our law firm’s successful recovery of millions of dollars of judgments and settlements. Call our office at 888-309-1224 or contact us online to schedule a no-cost consultation with an experienced and successful bicycle injury lawyer.