Cycling is among the most common forms of exercise and transportation in San Diego. Unfortunately, hundreds of cyclists are struck by motor vehicles in San Diego County each year.
Despite having bike lanes and various laws to protect cyclists, there are still motorists who do not give cyclists the space they need for safety. Since bicycles are no match for the size and power of motor vehicles, injuries for cyclists can be fatal.
Bicycle accidents due to the negligence or recklessness of drivers can cause physical, emotional, mental costs, and financial stress to an innocent victim. If you have suffered an injury while riding a bicycle, our San Diego bicycle injury lawyers can help you pursue the compensation you deserve. Contact us today at Walker Law for your free consultation.
Types of Bicycle Accidents
The California Vehicle Code has protections designed to keep the road safe for bicyclists. However, despite the laws, bicycle enthusiasts in San Diego continue to experience unfortunate accidents due to the recklessness of motor vehicle drivers.
Injuries caused by the negligence of motor vehicles provide a cause of action for a cyclist to pursue a claim against a driver. Common accidents seen at Walker Law include:
Left-turning accidents
Right-turn accidents
Failure to yield
Rear-end accidents
Failure to look before opening the door accidents
Sideswipe accidents
Hit-and-run accidents
While there are various reasons that could lead to a bicycle injury, there are actually some that are not due to motor vehicles. These cases are more complex as the bicyclist will need to show that there was negligence from some other party if not due to a motorcyclist. These causes include:
Road defects
Slippery road
Bicycle having defective parts
Damages in a Bicycle Accident Case
A bicyclist that suffers an accident will require medical treatments. Severe injuries could lead to extremely expensive medical bills. Some common injuries that bicyclists suffer include:
Traumatic Brain Injury
Spinal Cord Injury
Amputation
Broken Bones
Road Rash
Aside from medical expenses, other types of compensation include lost income and pain and suffering.
In California, negligence on behalf of the plaintiff does not bar complete recovery. What this translates into is that even if the bicyclist may have done something that caused the accident, the bicyclist can still recover if the motor vehicle driver was the greater cause of the accident. This is known as the theory of contributory negligence.
Bicycle accident cases typically fall under the larger set of law known as personal injury claims. Personal injury claims are common and typically, neither side wants to go to trial to litigate a claim. What more commonly happens is that both sides will continue to negotiate a settlement agreement that will release the ability for the plaintiff to sue the defendant in the future. Evaluating the likelihood of success and being able to defend that position while negotiating is crucial to receiving an amount that is worth the plaintiff’s time.
Contact Walker Law Today
Bicyclists in San Diego have the right to use the roadway and feel protected while doing so. Unfortunately, some drivers still do not take this responsibility seriously. At Walker Law, our San Diego bicycle accident attorneys will fight to get the justice you deserve. Contact Walker Law today for your free consultation.
