Santa Ana Bicycle Accident Lawyer

Once a personal injury claim is filed, the auto insurance company of the at-fault driver may compensate for immediate losses, like medical bills from initial doctor’s visits closely following the crash. 

However, many expenses are often unaccounted for–sometimes intentionally by the insurance company to reduce the full amount owed in compensating for a serious bike accident.

Knowledgeable bicycle accident attorneys evaluate the cases they take on to accurately establish case value and ensure clients are fairly compensated for the following.

Economic Damages

This form of damages accounts for financial losses, accounting for past and future out-of-pocket expenses. It can be calculated from bills, receipts, invoices, and employer documentation. Common types of economic damages include:

• Medical treatment expenses: doctor visits, ER visit, ambulance transport, surgery for serious injuries, physical therapy, prescriptions, in-home care
• Lost wages: unearned income while recovering, losing a job, loss of benefits, loss of earning capacity, loss of future earning capacity due to a disability
• Property damage: bicycle repairs, bicycle replacement, damaged helmet, broken cellphone

Non-Economic Damages

In contrast to economic losses, non-economic losses do not hold a monetary value. Instead, these damages account for physical and emotional “pain and suffering,” as this is just as harmful to bicycle accident victims as financial losses.  

• Pain and suffering: physical and mental distress for coping with injuries
• Loss of enjoyment of life: inability to participate or enjoy previously enjoyed activities 
• Loss of companionship: consortium (partnership), mentorship

Punitive Damages

This is separate from the other forms of damages and is not intended to compensate injured victims. Instead, its purpose is to punish a reckless motorist who caused a serious bicycle accident for gross negligence, encouraging the prevention of similar careless behavior in the future.

Orange County has made an effort to enhance bicycle safety by incorporating new bikeways, such as the Santa Ana Gardens Channel extension, which spans from the south end of Monta Vista Ave. to the north side of 1st St., between Sullivan St. and Daisy Ave.

Currently, the most utilized trail since the 1970s is the Santa Ana River Trail, operating as a “bicycle freeway" for the cycling community.

When riding alongside motor vehicles and not on these dedicated bike lanes and bikeways, bicyclists become more susceptible to serious bike accidents. The most common causes of Orange County bicycle accidents include:

• Dooring: When a car door is opened into the path of a bicyclist
• Right-turn collisions: Drivers turning right without signaling or failing to yield to cyclists
• Right-of-way confusion: Motorists failing to yield or speeding up to bypass bicyclists 
• Distracted driving: Motorists who are texting, talking on the phone, talking to passengers, or engaged in other distracting activities
• Aggressive driving: Speeding or intentionally crowding a bicyclist’s space

Cyclists share the same rights and responsibilities as drivers but lack the same level of protection. Our legal team understands the challenges that follow bicycle accidents. Allow us to provide our expertise and assist you in achieving the best outcome.

In a personal injury case, a bike accident attorney can establish negligence by indicating that a driver breached what is referred to as a duty of care and is therefore liable for sustained damages. In order to prove negligence in bike accidents, the following factors must be presented:

• The driver owed a duty of care to share the roads safely and responsibly with bicyclists
• The duty of care was breached due to the driver’s actions or inactions
• Breaching the duty of care caused the bike accident
• The bicycle accident caused injuries and other damages to the victim

A personal injury lawyer can prove the other party's negligence, simplifying the process of identifying fault and increasing the chances of obtaining maximum compensation.

There have been a series of changing regulations that alter biking laws in California, limiting where biking is permeated and how motor vehicle drivers should interact when bicyclists are present. The general rules for bicyclists are to:

• Follow the same traffic laws as motorists
• Ride with the flow of traffic 
• Ride as close to the right curb as possible unless there's a designated bike lane
• Stay within a bike lane when present
• Yield to pedestrians 

Bicyclists are permitted to “take the lane” if traveling at the speed of traffic or passing another cyclist in specific situations to enhance safety. 

Some bicycle accidents can involve both a negligent driver and a bicyclist who also shares fault in causing the collision. The comparative negligence laws in California still permit partially at-fault bicyclists to seek compensation at a reduced rate. 

This means the amount of damages that the plaintiff (the bicyclist) can recover will be based on the assigned percentage of fault. For example, if the plaintiff is found to be 10% at fault for a $10,000 award, then $9,000 will be awarded to the plaintiff.

If a bicyclist is injured in an accident with a motor vehicle, a claim will be filed with the driver’s insurance company, not the bicyclist’s insurance.

California law allows injured cyclists to seek compensation from the at-fault party, similar to how car accident claims are handled. 

However, navigating bicycle accident insurance claims can be complex due to specific factors. For instance, if the driver is uninsured or flees the scene, uninsured motorist insurance coverage (if this is part of the injured victim’s policy) may provide financial assistance.

Consulting with an experienced personal injury lawyer before filing a claim is crucial to ensure a smooth process. Legal representation also maximizes the outcome of cases surrounding bicycle accidents.

Not necessarily. Based upon available evidence and the willingness of the insurance company to cooperate, the majority of personal injury claims do not go to court with 95% of civil cases reaching a settlement.

If an experienced bicycle accident attorney believes an ideal outcome can be met in court, then taking the case to trial will be advised. 

While filing a bicycle accident lawsuit initiates a new legal avenue, most bicycle accident cases are ultimately resolved outside of a courtroom through strategic negotiation, which avoids the complexities and time commitment of a trial.

The aim of a dedicated legal team should always be to advocate in the client’s best interest.

If you were involved in a bicycle accident, contact the top personal injury law firm, Riverview Accident Lawyers.

Some bicycle accident injuries and ensuing financial hardships are not immediately apparent, making the initial consultation with our bicycle accident attorneys so crucial. 

Our dedicated legal team can guide you through the legal process, protect your rights, and fight to get you fair compensation for your injuries. Don't hesitate to seek legal guidance, as your well-being is paramount.

Schedule a free case evaluation today.