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Were You Injured in a Bicycle Accident?
The first thing you should do before discussing your accident with anyone is to contact us at 800.341.2292.
- No Fee Unless We Win!
- Free Consultation!
- See What Your Case Is Worth!
- We Handle Property Damage On Your Behalf at NO Extra Cost!
- We Don't Get Paid Until You Get Paid!
Our team of professional bicycle injury specialists at Tishbi Law Firm will schedule a free no obligation consultation. We will go over all the details of your accident to determine the best course of action. We can provide you with all the information you need to move forward with your claim. We will ensure you get the highest settlement possible and avoid some of the common mistakes.
Before you sign any documents with an insurance company, it is critical that you understand your rights. Insurance Companies are not on your side. They will do whatever they can to persuade you into signing off on their first offer. They will make no effort to properly assess the physical or psychological damages caused by the accident. Their only concern is to protect the company’s profits.
An insurance claims person will use some of these typical tactics:
- Ask you to provide a recorded statement regarding the accident and your injuries.
- Ask you to fill out complex paperwork to use it against you
- Force you to be examined by their own medical specialists whose diagnosis usually conflicts with the medical report your doctor gave you.
- Claim your motorcycle accident injuries were pre-existing and not linked to the crash.
- Convince you that you are partially or completely liable for the accident.
- Tell you that your injuries are not nearly as serious as you claim.
- Offer you a ridiculously low settlement and pressure you to sign it by saying their next offer may be much lower.
- Most victims are very vulnerable after an Accident. They will use this to encourage you to make statements that can be used against you later to minimize the value of your claim.
This is why you need Tishbi Law Firm. We are highly skilled in fighting against insurance companies and protecting your rights. We deal directly with the insurance company to eliminate the pressure and stress they will impose upon you to settle.
Here are Some Common Injuries from Bicycle Accidents:
- Head injury
- Head injuries can be severe in a bicycle accident even if you were wearing a helmet. Victims are often thrown over their handlebars resulting in scrapes and cuts to skull fractures and concussions.
- Brain injury
- A traumatic brain injury (TBI) can be a mild concussion or something as serious as a fractured skull where bone fragments pierce the brain causing permanent disabilities. Severe TBIs can last a lifetime or even be fatal.
- Neck injury
- Nerves, joints, muscles, tendons and vertebrae in the throat and neck can be injured in a bicycle crash.
- Spinal Cord injury
- Damage to any part of the spinal cord can result in partial or full paralysis in the lower extremities.
- Nerve Damage
- Nerve damage can affect any part of the body with potentially debilitating consequences.
- Dental injury
- Chipped or cracked teeth, maxilla fractures, broken mandibles or other dental injuries are often the result of bicycle accidents.
- Facial injury
- Facial trauma, or maxillofacial trauma, is an injury to the face ranging from soft tissue injuries to fractures of facial bones.
- Jaw fractures
- A fractured jaw can cause intermittent pain and discomfort for life.
- Bone Fractures
- Arms, shoulders, wrists, hands, legs, hips and feet are all subject to fractures in bicycle accidents that may require several surgical procedures.
- Hand injury
- When a rider falls off or is thrown off of a bicycle, the instinctive reaction is to break their fall with their hands and arms.
- Joint dislocation
- Dislocation often occurs when a bicyclist tries to break their fall or when riders come into contact with a vehicle.
- Road Rash
- Road surfaces are abrasive, and serious skin damage can result just from friction.
- Amputation
- Severe crashes can cause traumatic amputations to body parts, such as a toe, finger, arm or leg.
- Fatalities
- Some accidents are so serious that the victim dies as a result of the crash and surviving family members can file a wrongful death claim.
We are committed to getting you the highest settlement, and you pay nothing until we win your case.
We are committed to getting you the highest settlement, and you pay nothing until we win your case.
Assumed Risks
Enjoying the freedom of riding a bicycle does not come without certain risks. You do not get the same protection that you have with a vehicle. No airbags and most of all, no metal cage between you and the pavement. You must be aware of your surrounding at all time, especially riding in a busy city, and even a rural area has risks.
A helmet cannot stop a bike accident; however, it can prevent serious head injuries or brain trauma. Bicyclists that use a helmet are far less likely to incur major head injuries compared to riders that do not wear helmets.
Common Road Risks
- Road Construction
- Uneven Pavement
- Wet Roads and Puddles
- Loose Gravel
- Potholes
- Uneven sidewalks
- Cracked Asphalt
Common Vehicle Risks
- Disobeying Traffic Laws
- Distracted driver
- Not Providing the Cyclist 3-feet for safety
- Exceeding the Speed Limit
- Failure to Yield the Right-A-Way
- Driving Recklessly
- Running a Stop Light or Stop Sign Reckless driving
- Driving under the influence of alcohol or Drugs
According to Bicycling Magazine, the 5 most common bike accidents involving a vehicle are:
- The driver did not see the cyclist and made a left turn crashing into the cyclist (this makes up almost half of all bike-car accidents).
- The driver passing a cyclist on the left and turning right into the cyclist’s path.
- The motorist opened their car door resulting in the cyclist hitting the door.
- The motorist leaving a driveway or parking lot without looking and passing directly into the path of a cyclist.
- Drivers hitting a cyclist from behind.
Common Pedestrian Risks
- Suddenly Stepping into a Bike Lane
- Failure to Control their Dog
- Texting while Walking
- Listening to headphones
- Not being attentive to bike traffic
- Running Out in Front of a Cyclist
- Deliberately Knocking a Cyclist Off their Bike
What Should I Do After a Bicycle Accident?
Cycling accidents can be very serious, especially when the cyclist is hit by a car or other vehicle. Bicyclists have no real protection other than a helmet and protective clothing if the rider is wearing this type of gear.
Bicycle accidents are the same as other personal injury cases. Here are the basic actions to take after an accident. This information will help substantiate the extent of your injury and validate the damages.
- The most important thing to do after an accident is to seek medical attention immediately, even if you think you are not severely injured.
- If you are unable to get information personally due to injuries, scan the accident area for eye witnesses and bystanders. Ask if they will assist you in getting the information you need and ask if they will give a police report. Also ask for their contact information.
- Use your cell phone to take as many photos as possible of the accident scene.
- Get the driver’s license, insurance card, make, model, year and color of the vehicle that hit you, as well as the driver’s contact information.
- Contact the police or EMT while at the accident scene and file a detailed police report.
- Make copies of all medical records that resulted from your injuries.
- Compile all receipts of personal property damage. This could be a broken iPhone, the bicycle of course, jewelry or watch that was damaged, etc. You can probably get repair and replacement quotes from the bicycle shop where you purchased your bike. Most shops will have records of your purchases and any improvements you made.
- Get multiple estimates for repairing or replacing your gear.
- Call Tishbi Law Firm for a free, no obligation consultation.
California Bicycle Law
It’s important to know that bicyclists fall under the same obligations and laws that govern other motorists on Californian roads. This means they have to follow the same rules. A bicyclist must ride in the same direction as the rest of the traffic and, if required, they may walk on the sidewalk with their bicycle. When bicyclists ride slower than the rest of the vehicles, they should remain on the right side of the road, close to the edge.
There are a few special rules that apply to motorists when interacting with cyclists on the road. Since 2014, California has required that all drivers give cyclists at least three feet of space when driving alongside or passing them. In addition, no one may obstruct a designated bicycle path by stopping in the path or parking a car or bicycle in it.
One law which many drivers don’t understand is that cyclists have the right to “take the lane” even if they are moving slower than traffic in the following circumstances:
- When passing
- When preparing for a left turn
- When avoiding hazards in the roadway
- When a lane is too narrow to share
- When approaching a place where a right turn is authorized
Bicyclists should also be familiar with a few other “rules of the road.” California law requires that all cyclists ride with the flow of vehicle traffic unless passing, making a legal left turn, riding on a one-way street, riding on a road that is too narrow, or when the right side of the road is closed due to road construction. Also, on any California road with a designated bike lane, cyclists traveling slower than the flow of vehicle traffic must use the bike lane unless they are making a left turn, passing, avoiding hazards, or approaching a place where a right turn is authorized.
If you are riding a bicycle in Los Angeles or anywhere in California you should be aware of the new bicycle laws that went into effect on January 1, 2019. Under the new legislation, AB 1755, bicyclists will face punishment for failure to stop at the scene of an accident following a collision with another vehicle or pedestrian on a bike path. The new law extends the felony hit-and-run provisions to include bicycle riders on bike paths.
California law, AB 3077 allows police officers and law enforcement agents to issue a “fix-it ticket” to individuals under 18 who do not wear a helmet while riding a bicycle. If you were issued a fix-it ticket for failure to comply with the helmet use law, you can correct the offense by:
- Completing bicycle safety classes
- Purchasing a helmet that meets safety standards within four months (120 days) of the date the ticket was issued.
Bicyclists who ride under the influence of alcohol or drugs in California face a fine of up to $250 but no jail time. However, they may still be charged with a misdemeanor offense, which will show up on their criminal record. In addition to that, if you chose to ride a bicycle while intoxicated in California and are under 21 years of age, a CUI conviction may result in a suspension of your driver’s license.
California law applies a theory of comparative negligence; you can recover a portion of your damages even if you were partially at fault. For example, if a bicycle rider runs a stop sign and strikes a vehicle and sustained injuries, the person driving the vehicle may only be responsible for partial damages.
Liability and Compensation in a Bicycle Accident
If you can establish that the accident was due to the driver’s reckless or negligent behavior, and not through any fault of your own, then liability will lie with the driver alone. Drivers of motor vehicles are expected to operate their vehicles safely and in accordance to state and federal laws; this is their established duty, and when it is not met, they can be held liable for an accident that results. Whether it’s a driver that aggressively looks for a parking spot or a distracted driver who causes a traffic collision, cyclists can sustain serious injuries and it can be fatal.
Vehicle Code 21209 VC prohibits motorists from driving in bike lanes. A driver who violates this section and hits a bicyclist causing injuries will almost certainly be held liable in court.
Road conditions are a frequent cause of bike accidents. Many cyclists blame themselves if they crash because of cracks in the road or potholes. However, under California premises liability law, the city or property owners may be responsible for negligently causing bike accidents if they don’t keep the roads in proper conditions.
If a pedestrian is walking their dog and the animal is out-of-control causing the cyclist to crash and sustain injuries, then the pedestrian will be held responsible for damages.
Some bike accidents are caused by a defective bicycle or bike part. A bike part could break, causing you to crash or leaving you unable to stop. You may have no idea what happened or who was to blame. Under California’s “products liability” laws, the company who designed, manufactured, or sold the defective bike product is liable for injuries caused by that product.
Unlike other personal injury cases, the injured cyclist does not need to prove the company was negligent.
In product defect cases, strict liability can be imposed for:
- Manufacturing defects
- Design defects
- Failure-to-warn defects
In order to recover damages in a product liability claim for a defective bike or bike part, the injured cyclist has to prove:
- The defendant designed, manufactured, distributed or sold a defective product
- The product contained the defect when it left the defendant’s possession
- The plaintiff used the product in a reasonably foreseeable manner
- The plaintiff suffered an injury or harm as a result of the defect.
Anyone who caused a bicycle accident may be liable for injuries. The types of damages available may depend on whether the victim was injured or died as a result of the accident. In general, the injured cyclist can sue for compensatory damages in a California personal injury lawsuit.
These include:
- Medical bills
- Counseling
- Occupation Therapy
- Lost Wages
- Loss of Earning Capacity
- Loss of consortium (of a spouse or registered domestic partner)
- Disfigurement or Loss of Limb
- Scarring
- Pain and Suffering
The damages available also depend on the extent of the injuries. Minor injuries may include emergency medical treatment and a day or two off work. However, some bike injuries are more severe and could require lifelong medical care.
Loss of consortium is considered a loss of the companionship, support, and intimacy between spouses or domestic partners. Damages for a loss of consortium claim allow the plaintiff to recover non-economic compensatory damages, to compensate for the loss of the spouse or partner’s companionship and intimate relations.
In some cases, the injured cyclist might be entitled to punitive damages in California. However, for a punitive damages claim, the plaintiff generally has to show extreme or outrageous conduct by the defendant. This could also include intentional actions by the defendant to injure the plaintiff, such as a driver trying to run down the cyclist.
If your child or spouse was killed in a bicycle accident, the surviving family members may be able to file a lawsuit for damages.
Family members who can file a wrongful death lawsuit in California include:
- Surviving spouse
- Surviving domestic partner
- Children
- Grandchildren (if the deceased person’s children are deceased)
- Anyone else who would be entitled to the property of the decedent by California intestate succession laws.
A wrongful death lawsuit allows certain family members to seek damages for:
- Burial and funeral expenses
- Financial earnings the deceased victim would have earned as income if he or she had survived
- Compensation for the loss of companionship and support.
Call Tishbi Law Firm Immediately for a Free Consultation
We take on the big insurance companies so you are not forced by their clever lawyers to accept a quick and low compensation. We can often settle out of court, giving you faster access to funds and allowing you to focus on your physical and emotional recovery. We examine all the details to build a strong highly personal case to guarantee you receive the highest financial compensation and medical care.
If you were injured on a motorcycle or by the negligence of another, call Tishbi Law Firm at 800.341.2292. You are our number one priority!
General Information
There are many personal reasons people ride a bicycle. A few reasons among the many are; reduce the environmental carbon footprint on the planet, great health benefits, saves money (a bike is usually much cheaper than a car or motorcycle), freedom, low maintenance, good exercise, easy to find a parking space, easier to get around in rush hour traffic, it’s cool, and there are others that ride for the pure fun and enjoyment.
California has the highest population of any other country in the USA. Many locations have moderate year-round temperatures, this makes bicycling a popular activity in California, and it also means more bike accidents.
Statically, children are in the highest-risk group for injuries, but the fatality rate is much higher for middle-aged adults. The majority of bicycle accidents happen in urban areas and at intersections. Because of low visibility; especially at night, bicycles are difficult for motorists spot, even if the rider has reflectors and lights.
Although bicycle accidents are not as frequent as car accidents, they do happen and they are sometimes unavoidable. If you are involved in a bicycle accident it is imperative to determine who was at fault. Were multiple vehicles involved, did you dart-out in front of a car at an intersection? You need a professional law firm like Tishbi Law Firm that specializes in bicycle accidents. We will make sure your rights are protected and even if you were partially at fault, we will fight for the highest compensation that you deserve.