How a Victorville Bike Accident Lawyer Can Help

If you were injured in a bicycle accident, your first instinct may tell you that you can recover on your own. Filing a lawsuit against the driver that hit you might be the furthest thing from your mind. However, with the right legal representation on your side, you have the chance to recoup the losses you incurred from your accident, like steep medical bills, lost work income, pain and suffering, and more. 

At Rockview Accident Lawyers, our experienced legal team has the resources and knowledge to help injured victims obtain maximum compensation. We work diligently to investigate the cause of the accident, gather evidence like the official police report and medical records, and file a claim against the at-fault driver. If we don’t like what we receive from the insurance company, we will take your case to trial. When you hire us, we make a promise to see your case through the very end. Our goal is to get you back to normal as soon as possible. Hiring our Victorville bicycle accident lawyer is risk free, because we only work on a contingency fee basis. This means that we do not ask for any upfront legal fees unless we win your case. Call us at (760) 628-0818 to schedule your free case evaluation.

Common Types of Bicycle Accidents

Bicycle accidents can range from minor to severe, depending on the speed, impact, and location of the collision. Another factor that can contribute to a bike accident is the lack of designated bike lanes. Because bikes and cars must share the road, cyclists may find themselves in danger if a driver is distracted, speeding, or drunk and swerves onto their path. Below are some of the most common types of bicycle accidents in Victorville: 

• Rear end collision: Rear end collisions can occur when a car rear-ends a cyclist. This type of accident is often caused by the driver not paying attention or not giving the cyclist enough space. 
• Distracted driving: Distracted driving is a growing problem in the U.S. and is the cause of thousands of auto accidents per year. A driver who is texting or talking may turn in front of a cyclist and cause serious harm. 
• Dooring: A “dooring” accident occurs when someone in a parked vehicle opens a car door facing oncoming traffic and a cyclist collides with the open door. In California, dooring is against the law, and victims may file a personal injury claim against the person who opened the door illegally. 
• Side swipe accident: In dense urban areas, sideswipe bike accidents are fairly common. These accidents happen when a motorist tries to overtake and pass a bicyclist. A sideswipe accident can also occur when a driver is making a right turn and a cyclist is on the right side. 
• Left turn accident: Left hook accidents account for nearly 25% of all bicycle crashes. These accidents occur when a car turns left in front of a cyclist who is traveling in the opposite direction. The cyclist may be struck by the car’s front end or side. 
• Right turn accident: Right hook accidents occur when a car makes a right turn in front of a cyclist who is traveling in the same direction. The cyclist may be struck by the car’s front end or side. 
• Road rage: A motorist may become angry if a cyclist is occupying the road. While these instances are rare, the driver may purposely swerve to hit the cyclist if they fail to signal their intentions. 

How Much Time Do I Have to File a Claim in California?

You must file a lawsuit within two years of the date of your California bike accident, or the statute of limitations will bar your claim. However, there are some exceptions, such as:

• If the accident involved a government entity, such as a city bus or a poorly maintained road, you may have to file a claim within six months of the accident.
• If you were under 18 years old at the time of the accident, you may have until your 20th birthday to file a claim.
• If the defendant left the state after the accident, you may be able to toll or pause the statute of limitations until they return. 

Who Is At Fault in a Bicycle Accident?

Another major factor that will affect the value of your case is the fault of the other driver. Fault in a bicycle accident is determined by the legal concept of negligence, which means that someone failed to act with reasonable care and caused harm to another person. All road users, including drivers, cyclists, and pedestrians, have a duty of care to follow the traffic laws and avoid endangering others.

To prove fault in a Victorville bicycle accident, you need to show that:

• The other party owed you a duty of care.
• The other party breached that duty of care by acting or failing to act in a reasonable way.
• The other party’s breach caused the accident and your injuries.
• You suffered damages as a result of the accident.

Fault in a bicycle accident can be shared by more than one party. California follows a pure comparative negligence rule, which means that your compensation can be reduced by your percentage of fault. For example, if you were 20% at fault for the accident and your damages were $10,000, you could only recover $8,000. 

With the help of a Victorville bicycle accident lawyer, he or she can gather evidence to support your claim and determine liability. This may include photos, videos, witness statements, police reports, medical expenses, and expert opinions. 

Bicycle Accident Common Injuries

While every bicycle accident is different, one truth remains: bicyclists are much more likely to suffer serious and catastrophic injuries than vehicle drivers. Aside from a helmet, cyclists have little in terms of protection from a vehicle’s forceful impact. Some of the most common bicycle accident injuries include:

• Broken bones: Broken bones from a bike accident can vary in severity. A simple fracture, also known as a hairline fracture, will typically heal in 6-8 weeks. However, a compound fracture, also known as an open fracture, often requires surgery and a longer recovery period. 
• Road rash: Road rash is a friction wound caused when the skin rubs against a rough surface, such as pavement. While typically not a serious injury, it can be painful and leave scarring if not treated properly. 
• Lacerations: Cuts, scrapes, and bruises can be minor or more serious injuries, depending on how deep the cut is. These common bike accident injuries should be treated right away.
• Whiplash: Whiplash is a common car accident injury that can also affect bike accident victims. This injury occurs when the head moves back and forth quickly. Since symptoms may not appear immediately, many victims are not aware of this injury at first. 
• Head and brain injuries: Wearing a helmet vs. not wearing a helmet makes an enormous difference in the likelihood of suffering a head injury. Without a helmet, cyclists are much more likely to suffer a traumatic brain injury (TBI) or a skull fracture. 
• Spinal cord injuries: Any damage to the spinal cord is a very serious matter. A spinal cord injury could result in complete or partial paralysis, or losing muscle function in all or parts of the body. 
• Dental and jaw injuries: Trauma to the teeth or jaw can be extremely painful. Bicyclists may suffer this injury because this part of the face is not protected by the helmet. 
• Wrongful death: If a cyclist loses their life in an accident, the surviving family members may sue the negligent party for wrongful death. 

What To Do After a Bike Accident

California residents must be prepared in the event of a bike crash. If you are able to do so, follow these steps to ensure your legal rights are protected:

1. Stay calm and check yourself for injuries

The first thing you should do after a Victorville bicycle accident is to check yourself for injuries. Look for any obvious signs of injury, such as cuts, bruises, or bleeding. If you have any concerns about your injuries, seek medical attention immediately.

2. Call the police

If you are badly injured or the accident involves another vehicle, call 911 for medical help and the police. The police officer will file an accident report that can be useful for your insurance claim or legal action. If you are not badly injured but the accident involved another cyclist or pedestrian, exchange contact and insurance information with them.

3. Wait for the police to arrive

Don’t argue or attempt to negotiate with the driver or pedestrian who caused the accident. Don’t admit fault or apologize, as this could be used against you later. Wait for the police to arrive and tell them your version of what happened. Get a copy of the accident report or the officer’s name and badge number.

4. Document the scene and your injuries

Take photos or videos of the scene, the vehicles, your bike, and your injuries. Get the names and contact information of any witnesses who saw the accident. Write down the details of the accident, such as the date, time, location, weather, road conditions, traffic signs, and speed limits. Keep all receipts and records related to your medical care, bike repair, and other expenses.

5. Contact a bicycle accident lawyer

If you have been injured in a Victorville bicycle accident, you may want to consider getting legal help. A bike accident lawyer can help you understand your legal rights and options and can represent you in negotiations with the insurance company or in court.