Santa Monica Bicycle Accident Lawyer

Santa Monica Bicycle Accident Attorney

A vehicle running into a cyclist in Santa Monica, CA can be tremendously damaging. The costs in terms of medical bills, pain and suffering, and even life can add up quickly. Legally, victims of these kinds of accidents, and their families in the case of fatal accidents, are owed compensation from those at fault or, at least, the insurance agencies of those at fault. To get that restitution, though, may require a fight. That’s a fight that a Santa Monica bicycle accident attorney from Heimanson & Wolf, LLP, is ready to undertake on your behalf.

Causes of a Bicycle Accident

A bicycle and a vehicle coming into contact with each other is never a good thing. There are, though, a variety of ways that a collision like that can occur.

Some of the ways that a driver could be to blame for an accident include:

• Not following the rules of the road, including stop signs and signals
• Speeding
• Driving drunk
• Reckless driving
• Distracted driving, including texting or being on a phone
• Drifting into a bike lane
• Failing to yield to a cyclist’s right-of-way

Some of the ways a cyclist could cause an accident include:

• Failing to adhere to the rules of the road
• Biking while under the influence
• Biking while distracted
• Drifting into traffic

Governments could also be at fault in circumstances, including:

• Failure to maintain the roads
• Signals not functioning properly
• Failure to properly install signage on the roads

Proving Liability

The key to getting restitution in your bicycle accident case, which is a subset of car accident claims, is establishing liability. Once that is established, damages can be sought. Liability is established when three elements are proven.

• Duty – First, it must be shown that there was a duty for the party to behave in a way that was cognizant of others and took reasonable measures to ensure their safety. In terms of driving, it’s generally understood that all drivers have this kind of duty.
• Breach – The second element that needs to be proven is that the allegedly liable party failed to live up to their duty. In a car accident, this is often shown through something like demonstrating that a driver failed to observe the rules of the road or was driving recklessly.
• Cause – Lastly, it must be shown that the breach of duty was the cause of the injuries that were suffered by the victim.

It’s important to realize that more than one party may be found to be at fault, including the victim. If the victim is found to bear some liability, any damages awarded may be reduced by a percentage equal to their liability.

After a Bicycle Accident

The aftermath of every bicycle accident is different. Depending on the severity of your injury, there may be some actions that you can take following an accident that could be very valuable to your case. Even if you can’t do these things directly, if you have someone with you, maybe a riding partner, who can, that can be tremendously helpful as well. There are a few things to remember in the aftermath of a bicycle accident:

• Seek Medical Help – There are two kinds of medical help that you may want to consider in the aftermath of an accident. The first is emergency treatment. Even if you don’t think that there is anything tremendously urgent about any injuries you’ve sustained, it’s critical that you allow emergency medical personnel to check you out. You may be in a state of shock and not notice a real issue that they are trained to identify. If you are well enough to leave the scene on your own after being checked, it is still a good idea to get a full examination from your doctor as soon as possible because there may be non-traumatic injuries that could have been missed in the immediate aftermath. The sooner you do this, the better, as a delay could be used against you.
• Choose Your Words Carefully – In all likelihood, the police will want to discuss the accident with you. In this case, you should be as clear as possible about your perception of what happened. Aside from the police, though, you should be very cautious when discussing the accident and generally say very little. Anything you say that remotely sounds like an admission of fault may be used against you. This is especially true when speaking with any insurance agents who may be trained to seek these kinds of admissions.
• Document Everything – At the scene, it’s helpful if you can collect pictures or video of the vehicle, the bicycle, any injuries, street signs, road conditions, or anything else that could be useful in proving your case. It’s also important to collect the contact and insurance information of anyone else involved in the accident. If there are any eyewitnesses, getting their contact information could be helpful as well. The importance of documentation continues beyond the scene of the accident, as it’s critical that you keep any medical assessments and bills that are a result of the accident.
• Get a Lawyer’s Help – At Heimanson & Wolf, LLP, we can help you get the compensation that you are owed for your accident. The sooner you contact us, the sooner we can help you deal with insurance companies to avoid saying something that may be used against you. We can also begin to investigate your case and understand where the potential liability may lie. Don’t delay in reaching out to us.

FAQs About Santa Monica, CA Bicycle Accident Laws

What Can Cause a Bicycle Accident?

While a bicycle accident is generally the fault of the driver in most cases, it is possible that the rider, government agencies, or even a third party could be to blame for the accident. Though rare, there are even some cases when a parts manufacturer or installer could be at fault if a part were to fail on either the vehicle or bicycle. It’s also possible that more than one party is at fault. It’s important to work with a good lawyer who understands how to investigate a bicycle accident and determine where fault lies.

How Long Do I Have to File a Claim for a Bicycle Accident?

The time that you have to file a claim is set by the statute of limitations. Because a bicycle accident is a form of personal injury claim, the time limit is set by personal injury law. In those cases, the statute of limitations is typically two years. There are some instances when that can be extended if an injury was reasonably discovered well after the incident. If, though, it is the government that you want to file a claim against, as their failure to live up to their responsibility was the source of the accident, then the statute of limitations shortens to only six months. That’s why it is important to act quickly.

Who Can Be Held Liable for a Bicycle Accident?

To be held liable, an entity must be shown to have failed to live up to their duty and that failure to have led to the accident. This means that, while it may typically be the driver who is liable, the possibility exists that it could be a number of other parties as well. It’s worth noting that it is possible that the cyclist may be liable or at least partially liable in some cases, including when they have failed to follow the rules of the road. Besides cyclists, some of the other potentially liable parties include:

• Drivers – Often, it is the driver who will be held liable, as they performed an act of negligence in their operation of a motor vehicle.
• Companies – It’s possible that the driver was “on the clock” working commercially at the time of the accident. Since employers are typically liable for the actions of their employees, it’s possible that the employer may be held liable.
• Governments – In cases where a failure to maintain or properly construct roads and signs is the cause of the accident, then it may be the government that will be held liable.
• Parts Manufacturers or Installers – Sometimes, the cause of an accident is a broken or improperly installed part. In these cases, it could be the manufacturer or installer of the part who is liable.

What Kind of Compensation Can Be Awarded After a Bicycle Accident?

Generally, the compensation awarded in a bicycle accident case will fall into two kinds of damages:

• Economic damages cover anything that can be quantified and calculated. Things like medical bills, lost wages, future medical bills, and lost earning capacity are all included in this portion of the award.
• Non-economic damages cover things that aren’t quantifiable, such as pain and suffering.

Get Restitution From Your Bicycle Accident

If you’ve been injured in a bicycle accident, then you’ve incurred a number of costs. You have a right to seek restitution that covers those costs, and at Heimanson & Wolf, LLP, we can help you get that restitution. We can investigate your accident, understand who is liable, work with insurance companies, and take your case to court if needed. Contact us to discuss your case today.