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Bicycle Accident Attorneys in Encino

Pursuing Full Compensation for Victims in Encino Bicycle Accidents

Riding a bicycle is an excellent way to commute without driving a car or taking public transportation. Cyclists must share the road with cars, trucks, and other vehicles, leading to bike accidents occurring far too frequently. Being struck by a car on a bicycle can have disastrous effects, including serious or fatal injuries.

Injured cyclists deserve compensation for their injuries to cover expenses like medical bills, pain and suffering, lost wages, and emotional trauma.

If you’ve been in an Encino bicycle accident, you deserve to rest and focus on recovering. Our team at V&A Law Firm is here to help you recover compensation and will fight for the settlement you deserve, whether negotiating with an insurance company or filing a bicycle accident lawsuit.

Contact our Encino bicycle accident lawyers today to learn more about our services and receive a free case consultation. Call our office at 818-369-3270.

What Are The Main Causes Of Bicycle Accidents?

Bicycle accidents happen for many reasons. Some common scenarios our legal team has seen far too often include:

  • Drivers veering into bike lanes. The bike lane is a specific lane meant for cyclists only. However, cars can sometimes drift unintentionally into the bike lane, causing bikes to swerve or wreck.
  • Drivers who fail to yield in intersections. Motor vehicle drivers are required to share the road with bikers. When drivers fail to yield to bicycles, bicycle accidents can happen.
  • Drivers failing to see cyclists on the road. After a cycling accident, many drivers claim they didn’t see the cyclist before hitting them. Some drivers are not used to watching out for people biking on the road, which can lead to bicycle fatalities and injuries.
  • Distracted driving. A driver who is texting, talking on the phone, or eating may not have their full attention on the road. This type of reckless driving can injure bicycle riders.
  • Drivers opening a car door into the bike lane. If a driver fails to check the bike lane before opening their car doors, they could hit a bicycle rider. This can cause bike riders to fall off and suffer a serious impact on the pavement.

What Should I Do After An Encino Bicycle Accident?

After a bicycle accident, many riders are in a state of shock. However, there are certain steps you need to take to protect your health and bolster your case for financial recovery later on.

If you were injured in a bicycle accident, take the following steps if you are able:

  • Exchange insurance information with the driver who hit you. Get their license plate number, driver’s license number, and their auto insurance information.
  • Take photos of the accident scene, including pictures of your bike, the car that hit you, and the street environment.
  • Talk to witnesses who saw the crash and get their contact information.
  • Go to the emergency room for medical care if you were injured in a bicycle collision. Keep track of the medical costs you pay out of pocket.
  • Consult with a bicycle accident attorney to begin building your bicycle accident case and recover financial compensation.

What Kind Of Compensation Can I Receive?

The compensation you can receive depends on the nature of your case and your bicycle injuries. Some of the compensation injured bicyclists could pursue include the following:

You may be able to seek compensation for things like:

  • Medical expenses: This includes hospital bills, emergency treatment, physical therapy, medications, surgeries, and ongoing medical care related to the bicycle accident. Victims can also recover costs for future treatments, medical equipment, and rehabilitation services necessary for long-term recovery.
  • Property damage: Compensation may cover the repair or replacement of your damaged bicycle, helmet, clothing, phone, or any personal belongings affected during the crash. Estimates, receipts, and expert appraisals help substantiate these claims.
  • Non-economic damages, like pain and suffering: These damages compensate for physical pain, emotional distress, anxiety, PTSD, or reduced quality of life due to the accident. Though harder to quantify, they address the human impact of the injury.
  • Economic damages, like lost wages: If the accident forced you to miss work or lose income, you may recover wages lost during recovery. This includes hourly income, salary, bonuses, and other job-related benefits you would have otherwise earned.
  • Lost earning potential: If your injuries permanently affect your ability to work or force you into a lower-paying job, you can seek damages for future income loss. This often requires expert testimony on your career path and projected earnings.
  • Wrongful death: Surviving family members may recover compensation for funeral costs, loss of companionship, and the loss of financial support when a loved one is fatally injured in a bicycle accident. California law allows specific heirs to file such claims.
  • Catastrophic injuries: Severe injuries, like brain damage or spinal cord injuries, may require lifelong care needs. Compensation can include long-term medical costs, in-home assistance, home modifications, and future pain and suffering associated with permanent disability.

In some bicycle accident cases, the driver’s insurance policy will pay for the damages you claim. However, a car insurance policy may give you less payout than you deserve. It may be necessary to file a lawsuit when a fair settlement offer is not forthcoming within a reasonable time. Contact an experienced Encino bicycle accident lawyer on our team today to learn more about the type of compensation you can receive.

Can Bicycle Accidents Be Prevented?

While all vehicles on the road need to be careful of each other, bicycle riders can keep themselves safe by following simple safety rules.

If you are a bicyclist, take the following steps to protect yourself and prevent bicycle accident injuries:

  • Obey all the rules of the road
  • Give cars a lot of room
  • Assume that cars and large trucks will fail to see you on the road
  • Wear appropriate safety gear
  • Yield to motor vehicles if you are unsure whether the driver has seen you
  • Use designated bike lanes if they are available
  • Check for defective bicycle parts before riding
  • Ride with the flow of traffic
  • Stay alert, and avoid distracted riding

Safety gear is an essential component of bike riding accessories. If you are a regular bike rider, it is crucial to keep yourself safe with the proper safety gear.

It is recommended to use the following safety precautions when riding:

  • Wear a properly-fitted helmet
  • Wear bright and reflective clothing
  • Ensure your bike has the required lights and reflectors.

Typical Injuries from Bicycle Accidents

Collisions between bicycles and motor vehicles can result in a wide range of injuries, some of which require long-term medical intervention.

Common injuries include:

  • Traumatic brain injuries (TBI): Head impacts from falls or collisions can cause concussions or more serious neurological damage, especially in cyclists not wearing helmets.
  • Fractures and broken bones: Wrists, arms, legs, and hips are especially vulnerable during a crash and may require surgery and extensive rehabilitation.
  • Spinal cord injuries: Direct trauma to the back or neck can damage the spinal cord, resulting in chronic pain, nerve dysfunction, or permanent paralysis.
  • Internal injuries: Blunt force trauma can cause organ damage, internal bleeding, or punctured lungs, which often require emergency care and hospitalization.
  • Cuts, sprains, and abrasions: Even in less severe cases, deep lacerations and joint injuries can disrupt daily life and require ongoing treatment.

Bicycle Laws and Regulations in California (Veh. Code § 21200)

Under California Vehicle Code § 21200, bicyclists enjoy the same rights and responsibilities as motorists. This means cyclists must follow traffic signals, obey road signage, and follow speed limits when applicable. They can ride in traffic lanes when necessary to maintain safety but are encouraged to stay to the right when it is safe and practical. The law also allows cyclists to use marked bike lanes. However, there may be exceptions when preparing for a left turn or avoiding obstacles. At intersections, bicyclists should position themselves appropriately for turning and follow traffic signals to remain visible to drivers.

Violations of these laws by either cyclists or motorists can shape liability in an accident claim. Riders under the age of 18 in California must wear a helmet, and local ordinances may impose stricter regulations for older teenagers or adults. Ensuring compliance with these rules can reinforce a cyclist’s case if an accident arises from driver negligence.

Understanding the Role of Bicycle Lanes

Bicycle lanes are designated sections of the roadway intended to promote cyclist safety. Despite this designated space, accidents can still happen. Motorists may drift into bike lanes while distracted or open their doors without checking for oncoming riders. Some drivers make illegal right turns across these lanes, jeopardizing cyclists’ safety. While bicycle lanes generally help reduce collision risks, they are not foolproof. Cyclists may need to exit bike lanes to avoid debris or to prepare for intersections.

Suppose an accident occurs in or near a bike lane. In that case, investigators often examine whether all parties followed the rules related to signaling and lane usage. Adherence to these regulations can affect liability for both cyclists and drivers. Local projects in Encino sometimes introduce new biking infrastructure, so riders are encouraged to stay informed about lane changes or special signage that might affect how they navigate certain roads.

Importance of Helmet Laws

Though California mandates bicycle helmets for riders under 18, many safety experts recommend that all cyclists wear them, regardless of age. Helmets substantially reduce the likelihood of traumatic brain injuries during collisions, absorbing impact forces that would otherwise transfer to the skull.

When seeking compensation for head and neck injuries, consistent helmet use can weaken arguments from opposing parties who may claim contributory negligence. Judges and juries sometimes consider whether a cyclist took reasonable precautions, including wearing a properly fitted helmet, when deciding damage awards. Although failing to wear a helmet does not necessarily bar a claim, it may influence how liability is allocated or how much compensation is awarded.

Dealing with Insurance Companies After Bicycle Accidents

Insurance carriers may initially present an offer that seems adequate, but it could fail to account for ongoing medical expenses or long-term rehabilitation. Adjusters often work to minimize payouts, citing any questionable behavior from the cyclist or asserting that injuries are less severe than reported. Prompt communication with an attorney allows a more accurate assessment of a claim’s worth. Legal counsel can gather supporting documentation, such as expert medical evaluations that detail future treatment costs. In negotiations, attorneys remind insurers of the potential financial exposure if a case goes to trial. When it becomes clear that lowball offers will not suffice, filing a formal lawsuit may encourage a fair resolution or lead to a court ruling in the cyclist’s favor.

Frequently Raised Concerns About Bicycle Accidents

Does California law require helmets for all cyclists?

Riders under 18 must wear a bicycle helmet by law, but individuals over 18 are not strictly required to do so. Nonetheless, wearing a helmet is strongly recommended to mitigate head injuries. Courts sometimes consider helmet use when determining the extent of a cyclist’s care and how it impacts liability in an accident claim.

What if there was no direct collision?

Accidents may still occur even if a car never physically strikes the bicycle. For example, a cyclist might swerve to avoid a reckless driver and crash. In such cases, proving negligence hinges on demonstrating that the driver’s actions led to the cyclist’s forced maneuver. Witness testimony and any available video evidence can be crucial.

Are cyclists considered pedestrians under California law?

Generally, cyclists are not classified as pedestrians. They must follow the same traffic laws as motor vehicles when riding on the road. However, situations may change if a cyclist dismounts and walks their bike in a crosswalk. At that point, the cyclist assumes pedestrian status and is afforded pedestrian protections.

Can poor road conditions affect liability?

Yes. If a pothole, debris, or other hazardous conditions contributed to a crash, the responsible entity might be a government agency or private property owner. Determining liability involves showing that the party knew or should have known about the problem and failed to remedy it, thereby causing or exacerbating the cyclist’s injuries.

How long do bicycle accident cases usually last?

Timelines vary based on factors such as injury severity, the clarity of evidence, and whether the parties reach a settlement. Straightforward cases might resolve within a few months, while disputes involving severe injuries, multiple parties, or complex liability issues could take a year or longer. Working with a lawyer helps streamline processes such as collecting evidence, engaging experts, and negotiating with insurers, potentially reducing overall delays.

How Can a Bicycle Accident Attorney Encino Help Me?

A bicycle accident injury is often very severe. Some injuries can leave you with life-long symptoms and significant changes in quality of life. As a bike rider, you deserve to recover compensation for your injuries as you rest and focus on your mental and physical health.

Negotiating with insurance agents, talking to legal representatives, and tracking down the at-fault driver can add stress to your already difficult circumstances.

At V&A Law Firm, our team can help you take legal action and build a strong bicycle accident lawsuit to present in court. Our firm will help you hold the negligent driver responsible so you can recover compensation for your medical treatment, property damage, pain and suffering, and more.

We can represent you before a judge or even negotiate with insurance companies on your behalf. Our Encino bicycle accident attorneys would be happy to review your case and develop a legal strategy unique to your situation. Call us today at 818-369-3270 for a free case evaluation for your bicycle accident claims.