Have you been seriously hurt in a bicycle accident in San Diego, CA? An experienced San Diego bicycle accident lawyer from Mission Personal Injury Lawyers, P.C. may be able to help. You may be eligible for compensation from the party at fault for your medical bills, and other damages. Contact our San Diego law offices at (619)777-5555 to schedule a free consultation.
Do not rely on insurance companies to offer a fair settlement. You need an experienced lawyer who will fight for you. We have successfully represented accident victims in San Diego for 25 years.
How Mission Personal Injury Lawyers, P.C. Can Help After a Bicycle Accident in San Diego
When you are seriously injured in a bicycle accident, you deserve a legal advocate who will fight to protect you and seek the compensation you need. Sadly, many cyclists instead face unsympathetic insurance companies who blame them and undervalue their claims.
At Mission Personal Injury Lawyers, P.C., we have spent 25 years fighting on behalf of our injured clients.
Our award-winning personal injury attorneys in San Diego have received numerous accolades, including the San Diego Business Journal’s Best of the Bar award. Our decades of success and commitment to compassionate representation have also earned us a Superb 10.0 AVVO rating.
Hire us, and we will put our reputation and experience to work for you to:
- Offer sound legal guidance
- Identify the parties responsible for your injuries
- Investigate your accident and work with experts to establish causation and liabilities
- Accurately value your damages
- Fight attempts to blame you for your accident
- Negotiate with the insurance company on your behalf
- Present a persuasive case before a jury if we can’t reach a fair settlement deal
You do not need to face the insurance company alone. Call our law office in San Diego, California, to schedule your free consultation with a San Diego bicycle accident lawyer committed to helping you.
How Common Are Bicycle Accidents in San Diego, CA?
California is one of the top states for bicycle accidents, along with Texas and Florida. These three states alone accounted for 41% of cyclist fatalities in the U.S. between 2014 and 2017. Cyclist deaths in the United States went up by a whopping 25% between the years of 2010 and 2017, with approximately 857 cyclists deaths per year on average.
In California, 720 cyclists lost their lives between the years 2013 to 2018, according to the NHTSA. This means an average of 144 deaths per year over those six years. In 2018, California lost 155 people to bicycle accidents. In 2017, there were 145 victims of fatalities and 11,116 cyclists injured.
Some other surprising statistics about bicycle accidents include:
- 60% of bicycle fatalities occur on open roads, nowhere near intersections.
- Adults between 45 and 64 account for over 40% of bicycle fatalities. The highest fatality rate is among adults 50 to 59.
- About 467,000 people were injured in bicycle accidents nationwide in 2015 alone.
- About 33% of people injured in bike accidents are under 19.
- 37% of bicycle accident deaths involved alcohol use by the bicyclist or vehicle driver.
Bicycle accident deaths in California recently accounted for 3 to 4 percent of the state’s total auto accident deaths. This is higher than the national average of around 2 percent.
What Is My Bicycle Accident Case Worth?
All accidents are different, and damages vary greatly from victim to victim. This is particularly true when it comes to personal, non-economic damages. The best way to determine your case’s value is through a consultation with an attorney and an investigation of your accident.
The damage calculation will greatly depend on the severity of your injuries, your medical costs, crash circumstances, and other factors. Pain and suffering and other non-economic damages cannot be evaluated easily. They tend to account for the biggest part of accident claims involving serious injury.
To better assess your case and its value, we invite you to call Mission Personal Injury Lawyers, P.C. for a free case evaluation.
What Kind of Damages Are Available to Bicycle Accident Victims in San Diego?
If you were involved in an accident caused by someone else’s negligence or reckless behavior, you are entitled to demand financial compensation for your damages. These can come in two main forms: economic damages and non-economic damages.
Economic damages compensate for financial losses, including:
- Past and future medical expenses
- Lost wages due to inability to work
- Loss of future earnings if you are left disabled
- Property damages you suffered
While some of these damages are easily calculated, future medical expenses and future earnings are harder to determine. At Mission Personal Injury Lawyers, P.C., we have extensive experience valuing accident claims. We work with financial and medical experts to accurately assess the extent of your damages and their fair value.
Non-economic damages are damages that, due to their personal and subjective nature, have no clear financial cost.
These damages are very personal to each claim and may include:
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- Emotional distress
If you suffered serious injury, disfigurement, or disability, non-economic damages may account for most of the value of your claim.
Can I Recover Compensation if I’m Being Blamed for a Bicycle Accident in California?
Yes, California uses a pure comparative negligence rule. Every person using the road—pedestrian, motorist, bicyclist, and passenger—is required to use reasonable care to protect the safety of others. Both drivers and bicyclists can fail to exercise reasonable care and contribute to an accident.
If you are partially at fault, the pure comparative negligence system still allows you to recover damages. In this case, your damages are reduced based on your share of fault. Under the “pure” comparative negligence system, injured parties can still recover damages even if they are 99% at fault.
Examples of plaintiff conduct that might amount to “negligence” include:
- Sudden swerving
- Failure to indicate a maneuver
- Defective or insufficient bicycle safety components, such as brakes or reflective lights
- Being under the influence of alcohol or drugs
- Ignoring or breaking road rules such as ignoring a stop sign
Insurance companies may use this rule to avoid paying your fair amount of compensation. The insurance company may attempt to shift the blame to you to reduce their share of liability.
We’ll Fight to Recover Compensation for All of Your Bicycle Accident Injuries
Of course, bicyclists do not have the same protection in an accident as a motorist. Bicycle accidents can result in a wide array of injuries, including life-changing and catastrophic injuries.
Mission Personal Injury Lawyers, P.C. will fight for the full compensation you deserve for:
- Traumatic brain injuries
- Soft tissue injuries
- Leg injuries
- Facial and dental injuries
- Fractures including facial fractures, broken collarbones, and fractured ribs
- Back injuries
- Spinal cord injuries
We understand the devastating effect a bicycle accident can have on your life. We will also fight for compensation for your invisible injuries such as PTSD, depression, and anxiety.
What Causes Most Bicycle Accidents in San Diego, California?
There are a number of factors that can contribute to bicycle accidents, but the most common causes are negligence or human error.
Negligence can come from motorists, but it may also come from other cyclists or even pedestrians.
The NHTSA National Survey on Bicyclist and Pedestrian Attitudes and Behaviors found the most common causes of injury to bicyclists were:
- Hit by a car (30%)
- Fell (17%)
- Defective or damaged roadway (13%)
- Cyclist error (13%)
- Crashed with a fixed object (7%)
- Dog ran out (4%)
While only a minority of bicycle accidents involve vehicles, these accidents cause the most serious injuries.
The following factors contribute to San Diego bicycle crashes.
- Distracted driving
- Drunk driving
- Dangerous turns
Bicyclists have the right to share the road with vehicles, but they can be difficult to see. This is particularly true in areas without designated bicycle paths. When a negligent motorist sideswipes a bicyclist or strikes a bicyclist at an intersection, the results can be catastrophic.
How Do I Prove Negligence in a Bicycle Accident in California?
Bicycle accidents, like all accidents, require a thorough investigation to determine how they happened and who is at fault.
An experienced San Diego bicycle accident injury lawyer will help prove the at-fault party was negligent with evidence, such as:
- Helmet or dash cam footage
- Drug and alcohol screenings
- Witnesses statements
- Police reports
- Citations or arrest
We may work with accident reconstruction specialists and other experts for expert testimony to establish liability. Depending on the circumstances, a police report, citations issued to a driver, or even an arrest for drunk driving can be used to prove fault.
How Long Do I Have to File a Lawsuit for a Bicycle Accident in California?
The statute of limitations for most personal injury cases in the State of California is two years. This time limit begins on the date of the accident with few exceptions.
To recover compensation, you must file a lawsuit within two years, or you will lose your right to legal action altogether.
Contact Our San Diego Bicycle Accident Lawyers for a Free Consultation
If you were the victim of a bicycle accident in San Diego, California, Mission Personal Injury Lawyers, P.C. is here to fight for your legal rights. We will seek maximum compensation on your behalf to help you move forward with your life and get the medical care you need.
Do not allow insurance companies to minimize the impact of your injuries or try to shift blame onto you. Contact Mission Personal Injury Lawyers, P.C. today to schedule a free consultation with a San Diego bicycle accident lawyer who can help.