Drivers operating motor vehicles have far more protection than people riding bicycles on public roads. If you were hit by a negligent driver while riding your bike, a Santa Rosa personal injury lawyer can help you seek damages.
Omega Law Group Accident & Injury Attorneys has been representing accident victims since 2016. If you were injured in a bike crash, a bicycle accident lawyer in Santa Rosa can help you pursue the compensation you deserve.
How a Santa Rosa Bicycle Accident Lawyer Can Help
If you were the victim of a bicycle accident, a Santa Rosa bicycle accident attorney can help with your personal injury case by:
- Collecting evidence: A lawyer can gather police reports, photographs, video footage, witness statements, and other evidence to establish what happened and who is at fault.
- Calculating your losses: Your attorney can help make sure your claim includes all of your losses, including lost earning capacity, future medical expenses, and pain and suffering.
- Negotiating with insurers: A lawyer can communicate with insurance companies and attempt to negotiate a fair settlement on your behalf.
- Representing you in a lawsuit: If a settlement cannot be reached, an attorney can file a lawsuit and represent you throughout the litigation process.
How Much Does It Cost to Hire a Bicycle Accident Lawyer in Santa Rosa?
The personal injury lawyers at Omega Law Group handle bicycle accident cases on a contingency fee basis. Under this arrangement, you do not pay any lawyers’ fees up front. Instead, your lawyer receives an agreed-upon percentage of your recovery if your case results in compensation.
If you don’t recover any compensation, you won‘t owe us anything.
How Much Compensation Can You Get for a Bicycle Accident?
There is no average settlement amount for a personal injury case after a bike accident. Payouts can range from thousands to hundreds of thousands of dollars based on factors such as the severity of your injuries, the amount of medical treatment you require, the extent of the property damage, and the amount of time you miss at work.
A bicycle accident attorney in Santa Rosa can assess your claim and estimate its value.
What Types of Compensation Are Available?
Bicycle accident victims often face significant medical bills, lost income, and emotional trauma. A personal injury claim may help you recover compensation for the following types of damages:
- Medical expenses: You can seek compensation for emergency treatment, hospital care, physician visits, medication, physical therapy, rehabilitation, and other reasonable medical costs.
- Future medical care: If your injuries require continuing treatment, you can seek compensation for reasonably anticipated future medical expenses.
- Lost wages: You may recover income lost if your injuries prevented you from working.
- Reduced earning capacity: If your injuries affect your ability to earn the same income in the future, you can seek compensation for diminished earning capacity.
- Property damage: You may pursue compensation for damage to your bicycle, helmet, clothing, electronics, and other property damaged in the collision.
- Pain and suffering: Compensation may be available for physical pain, discomfort, and the broader impact of your injuries on your life.
- Emotional distress: You can seek damages for anxiety, emotional trauma, fear, and other psychological consequences of the accident.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies, exercise, recreation, or other activities you previously enjoyed, you can pursue additional damages.
- Punitive damages: If the at-fault party acted with malice, oppression, or fraud, you may receive additional compensation.
Our bicycle accident law firm in Santa Rosa can evaluate your damages and fight for a fair settlement that reflects the true impact of the accident on your life.
How Long Do You Have to File a Bicycle Accident Claim in California?
Per CCP § 335.1, you generally have two years from the date of a bike accident to file a personal injury lawsuit in California. However, if your case involves a government entity, wrongful death, injured minors, or the delayed discovery of injuries, a different deadline may apply.
Failing to file your claim before the personal injury statute of limitations in California expires can prevent you from pursuing compensation, which is why you should reach out to our lawyers immediately after an accident.
Who is Liable for a Bicycle Accident?
Several parties may be held responsible for a bike accident, including:
- Negligent drivers: Motorists who drive recklessly or fail to follow traffic laws may be held accountable.
- An employer: If a driver caused the crash while performing work-related duties, the driver’s employer may share responsibility.
- A property owner or business: In some situations, a dangerous condition on private property can contribute to a cyclist’s injuries and shift liability to a property owner or business.
- Bicycle or vehicle manufacturers: If a defective bike component or car malfunction caused the collision, the manufacturer might be found responsible for the crash.
- Another cyclist: A second cyclist can potentially be liable if their negligent conduct causes you to be injured.
- Government entities: If unsafe road conditions contributed to the crash, the city or state may be held liable.
How Do You Prove Liability?
To recover compensation for a bike crash, you generally need evidence connecting another party’s conduct to the accident and your injuries. Important evidence may include:
- Police or collision reports
- Photographs and videos of the accident scene
- Traffic camera or surveillance footage
- Statements from eyewitnesses
- Driver statements
- Vehicle damage
- Bicycle damage
- Medical records
- Medical bills
- Accident reconstruction evidence
- Cell phone or electronic records
- Employment and wage records
- Physical evidence from the roadway
What If I Was Partially At Fault?
California follows a pure comparative fault system. This means you can recover damages for a bike accident as long as you are not 100% at fault. However, if you share fault, your recovery will be reduced according to your percentage of responsibility.
For example, if you suffer $200,000 in damages and are found to be 50% responsible for the accident, your compensation would be reduced to $100,000.
What If the Driver Who Hit Me Leaves the Scene?
If the driver leaves the scene, you still have legal options. In the event the driver is identified, you may be able to pursue a personal injury claim against them. If the driver cannot be found, you may be able to recover compensation through your own uninsured motorist coverage, collision coverage, MedPay coverage, or health insurance.
Our lawyers can investigate the hit-and-run, work to identify the driver, and help you seek compensation for your losses.
Common Causes of Bicycle Accidents in Santa Rosa
The cause of the crash that resulted in your injuries is a major part of building a strong legal case. That’s why our lawyers will look into the following possibilities when determining the cause of your collision:
- Driver inattention: Distracted driving (including texting, talking on the phone, or using a GPS) can lead to devastating collisions.
- Failure to yield: Many accidents occur when drivers fail to yield the right of way at intersections or when making turns.
- Dooring accidents: A driver who opens a car door without checking for oncoming bicyclists can cause serious injuries to bikers who crash into the vehicle as a result.
- Speeding and reckless driving: Excessive speeds simultaneously reduce drivers’ reaction times and increase the force of impact in a crash.
- Drunk or impaired driving: Drivers who operate their vehicles under the influence of alcohol or drugs pose a serious risk to cyclists.
- Poor road conditions: Potholes, debris, and a lack of proper bike lanes can easily contribute to accidents.
- Defective bicycle components: Faulty brakes, tires, or frames can cause a cyclist to lose control and crash into other people on the road, including other cyclists.
Common Bicycle Accident Injuries
Since cyclists lack the protection that motorists have, even a low-speed collision can result in catastrophic injuries, such as:
- Traumatic brain injuries (TBI): Even when wearing a helmet, cyclists can suffer concussions or severe brain trauma.
- Spinal cord injuries: This type of injury can lead to partial or full paralysis.
- Broken bones: Fractures are common in bicycle accidents, particularly in the arms, legs, and ribs.
- Road rash: Severe skin abrasions from sliding across pavement can lead to infections and scars.
- Internal injuries: Damage to organs, internal bleeding, or punctured lungs can be life-threatening.
- Soft tissue injuries: Torn ligaments, sprains, and whiplash can cause long-term pain and limited mobility.
When Should You Hire a Lawyer?
You should hire a lawyer right away after an accident, particularly if you suffered any injuries. Hiring a lawyer promptly can help your case because:
- Evidence can disappear: A lawyer can begin preserving photographs, surveillance footage, witness information, vehicle data, and other evidence that may become harder to obtain as time passes.
- Insurance companies may contact you: Insurers may ask questions or request statements before you understand the extent of your injuries. A lawyer can handle communications and help protect your claim.
- Fault may be disputed: The driver or insurance company may argue that you caused or contributed to the accident. A lawyer can investigate the crash and gather evidence concerning liability.
- More than one party may be liable: An investigation may reveal that you have grounds for a third-party claim, which a lawyer can assist with.
- Legal deadlines apply: California has deadlines for filing personal injury lawsuits. Hiring a lawyer early gives you more time to build a strong case.
- Settlement offers may not be fair: An insurer may offer money before you know the full extent of your medical expenses, lost income, or other damages. Your attorney can evaluate an offer before you agree to settle.
- Litigation may become necessary: If the insurance company refuses to provide appropriate compensation, a lawyer can take your case to court.
Steps to Take After a Bike Accident in Santa Rosa
What you do after a bicycle accident can affect both your health and your ability to prove what happened.
- Call 911: Report the collision to the police and request emergency medical assistance (if necessary).
- Document the scene: Take photographs of your bicycle, the vehicle, roadway, traffic controls, visible injuries, and surrounding conditions.
- Collect witness information: Ask witnesses for their names and contact information if you are physically able to do so.
- Get medical attention: See a doctor, even if you believe your injuries are minor.
- Preserve your bicycle and equipment: Do not repair, discard, or substantially alter damaged equipment.
- Keep your medical records: Save bills, treatment records, prescriptions, referrals, and other documentation related to your injuries.
- Notify your insurer: Report the accident as required by your insurance policy, but don’t give a recorded statement or discuss liability with insurance adjusters.
- Track your losses: Keep records of missed work, out-of-pocket expenses, transportation costs, bicycle repairs, and other accident-related expenses.
- Stay off social media: The insurance company could use any posts, photographs, or comments about the accident or your physical activities against you.
- Speak with a lawyer: If you suffered significant injuries or liability is disputed, our attorneys can evaluate your case and explain your legal options.
Contact a Bicycle Accident Attorney in Santa Rosa
If you or a loved one has suffered injuries in a bicycle accident, Omega Law Group is here to help. A Santa Rosa bicycle accident attorney from our team will investigate the accident, gather evidence, and work to negotiate a fair settlement with insurance companies.
Schedule a free consultation to get help with your claim.