Westlake Village Bicycle Accident Lawyer
The popularity of bicycling has increased dramatically over the past three decades. As a result, the amount of bicycle accidents has also increased. Bicycles are used by more and more Californians as a main mode of transportation. Congested roadways, the high cost of commuting, and parking restrictions all make bicycling a convenient and inexpensive alternative. Many cities have special bike lanes and many parks have now made trails accessible to bicycles. Even some vehicle manufacturers are now offering bike racks as standard equipment. However, many automobile drivers do not respect cyclists’ rights to share the roads. More importantly, bike riders don’t always share the roads with automobiles, resulting in a rise in serious, and sometimes fatal, injuries to bicyclists. If you have been injured in a bicycle accident contact our Westlake Village bicycle accident lawyers as soon as possible.
Bicycle Accident Statistics
In the United States, a bicyclist is fatally injured every six hours. Additionally, there are nearly one million children are injured every year in bicycle-related accidents. While collisions with automobiles only account for one-third of accidents, they account for most of the catastrophic injuries, 75 percent of which are head injuries.
Insurance Institute of Highway Safety (IIHS) states that in 2019 there were 843 bicyclists killed in accidents with motor vehicles
Car, truck, bus drivers, and bicyclists must obey the same traffic laws and there are many “new” traffic laws concerning bicycles. Ignorance of the laws does not alleviate a driver’s fault in a bicycle accident they injure a bicyclist.
Do I Need to Hire a Bicycle Accident Lawyer?
To best represent injured clients, Vititoe Law Group must have all information regarding the accident and thorough medical knowledge of all involved. This forms the basis of our practice, allowing us to expertly evaluate injuries and successfully pursue claims. That dedication, experience, and knowledge are how we’ve secured over $1 billion in settlements for our clients.
Our experienced and knowledgeable bicycle accident law firm and staff are able to undertake difficult cases and win, convincing skeptics of the merits of your claim via credible, trustworthy evidence and objective test findings. Our law firm is committed to protecting your rights and interests. Repeatedly, we have demonstrated our ability to succeed in the most challenging and difficult bicycle injury cases.
What are the Most Common Causes of Bicycle Accidents?
Without a doubt, drivers often fail to respect bicyclists. Without properly sharing the road, accidents between vehicles and bicyclists happen often. Many drivers will drive distracted or recklessly and not keep an eye on the road. Therefore, they fail to leave bicyclists enough space, or worse, they don’t even notice them.
Although more often than not, motorists are at fault for bicycle accidents, cyclists need to be alert at all times. Without paying proper attention and being fully aware of their surroundings, it could cause a fatal accident.
According to a 2016 NHTSA report, the most common causes of bicycle accidents are as follows:
- Speeding
- Poorly designed bicycle crossing
- Poor visibility
- Disregard to Traffic Laws
- Distracted or reckless driving
- Unsafe road conditions
- The inadequate separation between drivers and cyclists
Additionally, 35% of all fatal bicycle accidents seem to have a common factor. Drugs and alcohol use have proven to be fatal. It substantially increases the likelihood and the seriousness of a collision.
What Should You Do After a Bicycle Accident?
If you are involved in a bicycle accident it is likely that you are shocked and not thinking straight. Additionally, you may be knocked unconscious, or unable to move because of your injuries. If you are reading this, it is likely you have unfortunately already been in a bicycle accident. But, nonetheless, It is important that you have the following documents.
Bicycle Accident Injuries.
Even minor injuries should be checked out. You never know if, after a bicycle accident, you have suffered internal injuries. It is important to you document your medical care following your bicycle accident. Without a proper medical exam, it is impossible to determine the true extent of the injuries you have suffered.
Police Report Following a Bicycle Accident
Ideally immediately following a bicycle accident you will file a police report to document your case. A police report can be vital in your bicycle accident case.
Document The Bicycle Accident
If you have been involved in a bicycle accident, it is extremely important that you get the contact information and more importantly the insurance information of the driver. Additionally, if there are any witnesses around, make sure that you get their statements and contact information to reference the accident. Write down and document everything you can. Because it is likely you will be in shock, you could forget important details (time, location, road conditions, etc). Also, photographs of the accident scene are vital. Take out your cell phone or ask witnesses to photograph the scene of the accident.
Don’t Say Too Much After a Bicycle Accident
If you have been involved in a bicycle accident it is important that you don’t say too much after the accident. For example, the natural human instinct is to apologize for our actions. “I’m so sorry that was totally my fault” could be damaging in your bicycle accident case. Rather than apologizing for admitting fault, document the details listed above and then call a highly-rated bicycle accident lawyer, like the ones at Vititoe Law Group.
If I Was At-Fault in a Bicycle Accident Can I Still File a Claim?
California is considered a comparative fault state in bicycle accidents. That means that California allows injured bicyclists to recover a reduced percentage of their damages. The percentage is tied to the percentage that a cyclist is deemed at fault for the accident. So, even if you were 99 percent responsible for the accident, you may still be able to recover some of the damages from your bicycle accident.
What Damages are Recoverable Following a Bicycle Accident?
Because of the lack of protection that bicyclists have when riding, bicycle accidents often cause serious, potentially catastrophic injuries for cyclists. Injuries such as, but not limited to, spinal cord injuries, broken bones, and traumatic brain injuries are all possibilities following a bicycle accident. If you have been injured in a bicycle accident you have likely had to take time off of work, which leads to additional financial stress.
With the help of an experienced bicycle accident lawyer, you can file a claim to recover the following damages.
Specific/Economic Damages
Economic damages are recoverable monetary losses. Economic damages awarded in a bicycle accident are designed to make the victim financially “whole.” Economic damages compensate victims for actual expenses and financial losses they have suffered because of the bicycle accident. The following are examples of economic damages.
- Past and Future Medical Bills
- Lost Wages
- Lost Earning Potential
- Necessary home or vehicle modifications
This is a list of the most common damages that you can recover after your bicycle accident, but with the help of an experienced Bicycle Accident Lawyer, like the ones at Vititoe Law Group, we can help recover additional damages that you may suffer because of your accident.
General/Non-Economic Damages
Non-economic damages are often calculated by pain and suffering as a result of your bicycle accident. Emotional distress is absolutely damage, and you may be able to recover compensation for these kinds of general damages that are brought on because of a bicycle accident.
How Long Do I Have to File a Bicycle Accident Claim?
Each state will have a different “Statue of Limitations” that will limit you to a certain amount of time to file a personal injury claim following a bicycle accident. In California, the personal injury statute of limitations is two years after the accident. But there are some factors that cause this period to be shorter or longer. That is why it is imperative that you contact a bicycle accident lawyer as soon as possible to get your case filed. Insurance companies will try and get you to settle for as little as possible. On average, with the help of an experienced bicycle accident lawyer, like the ones at Vititoe Law Group, you could receive 3.5 times more compensation.
Contact Our Westlake Village Bicycle Accident Lawyers to Schedule Your Free Consultation
If you have been injured in a bicycle accident, our attorneys will help you pursue the compensation to which you are entitled. Call 818-991-8900 or contact us online to schedule a free consultation with our Westlake Village Bicycle Accident Lawyers. We offer home and hospital visits within the state of California, and we also offer teleconferencing options for our clients who reside out of state. We collect no fees unless we recover compensation on your behalf.
Our Westlake Village Bicycle Accident Lawyers Are Here to Help.
Jim Vititoe and his team have successfully handled numerous bicycle accident and motor vehicle accident cases throughout the United States. Experience matters. The Vititoe Law Group team knows how to look at each aspect of potential negligence to make sure that the appropriate potential defendants are being held responsible.
