What To Do After A Bicycle Accident in Los Angeles

It is vital to have a trained Los Angeles Personal Injury Attorney investigate the case if you are involved in a bicycle accident, whether the accident is caused by a motorist's fault, unsafe road conditions, or your inattention as a bicyclist. If you are the at-fault driver, you may be entitled to damages under California law or need assistance in your defense.

Find A Los Angeles Personal Injury Lawyer for Bicycle Accident Claims

California is the most populous state in the United States, with many residents who enjoy spending time outdoors. This involves both those who enjoy riding bicycles for fun and those who use bicycles for work and family activities. With so many bicycle riders in the city of Los Angeles, it's safe to assume that most bicyclists are well aware that roadways can be hazardous, and they often take precautions and ride cautiously to avoid collisions. Accidents do happen, even under the best of circumstances. Incidents and crashes can occur when bicyclists or motorists are reckless, and people can be injured. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Different Types of Bicycle Accidents and Their Common Causes

Despite government efforts to create bicyclist-friendly routes, bicyclists must share the road with other automobiles. While cycling, you can be extra cautious on the road and take a defensive stance, but your safety is largely dependent on other road users. Bicycle accidents are unavoidable, no matter how attentive you are. However, knowing what causes these collisions will help you stop one, even if the motorist is solely to blame. The following are some of the most common causes of these mishaps:

Road Conditions that are Dangerous or Hazardous

Bicycle accidents can occur as a result of poor road conditions rather than negligent drivers in some cases. These collisions happen when the road surface abruptly changes, making it possible for bicyclists to lose control of their bicycles. Uneven road surfaces, on the other hand, have little impact on vehicles or large trucks. You can end up getting in the way of a vehicle as a result of losing control of your bicycle, resulting in an accident.

When a road is used often, it is prone to wear and tear, resulting in potholes. It is for this purpose that roads must be maintained on a regular basis in order for potholes to be repaired or patched. Bicyclists, on the other hand, are at a high risk of being involved in an accident if the roads are not maintained, and these potholes remain unfilled.

Bicyclists are put in grave danger when sewer grades, trolley tracks, or railroad tracks are present on the route. They can cause bicycle tires to become stuck, causing the rider to fall off or veer into oncoming traffic, resulting in a disastrous accident.

Keep in mind that the majority of the roads in Los Angeles are either under the control of the city, the state, or the federal government. These organizations are in charge of keeping streets in good working order by routine maintenance and proper road design and construction. As a result, if you are involved in a cycling accident as a result of unsafe road conditions, these agencies will be held responsible. Unfortunately, some of these agencies enjoy a degree of protection, and as a result, they can not be held liable for injuries they cause. However, you may keep certain government agencies accountable in some cases, but you must first give notice.

Distracted Driving and Human Error

The majority of bicycle incidents could be avoided if motorists were more aware of their surroundings and drove defensively. Distraction is a leading cause of bicycle and automobile accidents. To avoid possible risks, drivers are advised to keep their eyes on the road at all times.

Cell phones and navigation systems, which enable drivers to multitask while driving, is the product of technological advances and fast-paced society. These and other distractions, such as applying makeup, eating, and drinking while driving, can divert the driver's attention away from the lane, resulting in a swerve that could collide with a bicycle. Such factors increase the risk of a bicycle accident, particularly when a bicyclist crosses the path of a car and the driver's eyes are not on the road.

Drowsiness or a DUI may also trigger distracted driving. When a driver is distracted, it puts the lives of the driver and other road users, including bicyclists, in grave danger. When a driver is tired or sleep-deprived, he or she is more likely to fall asleep behind the wheel, losing control of the car. The car could veer off the road, colliding with bicyclists who frequently ride on the road or on bike paths. DUI, on the other hand, affects decision-making and reaction time. When drivers cannot remain in their lanes or avoid oncoming obstacles such as bikes, they are more likely to hit bicyclists.

The Bicycle's Placement on the Highway

Bicycle accidents can also happen as a result of your status as a cyclist in relation to the motorist with whom you crash, resulting in injuries. The positioning can cause a number of bicycle accidents at the time of a crash. A dooring accident is one of the incidents that can occur as a result of poor bike positioning. When a bicyclist collides with a car door that has been left open in their way, an accident occurs. These collisions may also occur when a driver who is parking on the street or near a bicycle lane attempts to exit the vehicle carelessly, leaving you with less time to slow down or stop, resulting in you colliding with the door.

These collisions are frequent on congested streets where bicyclists are forced to ride alongside parked cars. The driver usually is to blame for these incidents because they have a legal duty to inspect the road to ensure it is safe to exit.

• Sideswiping is another form of a bicycle accident that can occur as a result of poor positioning. It is not unusual for motorists to leave insufficient space for bicyclists to pass. On the other hand, drivers argue that bicyclists get in the way when they drive to the left side of the road; however, bicyclists are unable to select this option because it raises their risk of being doored. As a result, when overtaking a bicycle, California law requires motorists to maintain a reasonable distance. As a result, the number of cases of bikes sideswiping would be significantly reduced.

• Rear-end collisions are often caused by the placement of a bicycle in relation to the bicyclist. Bicyclists are often rear-ended when the driver in front of them follows too closely or is not paying attention to the lane. These collisions are typical when a cyclist moves to the left to avoid parked cars or a stop sign in order to prevent a doored crash. These collisions can be avoided if drivers keep a reasonable distance between themselves and the bicycle in front of them.
• Cross bicycle accidents may occur when a motorist attempts to cross into the path of a bicyclist at an intersection or driveway, whether on the right or left. Since the bicycle has already reached the intersection, positioning triggers these collisions. As a result of the reduced visibility, drivers can fail to notice the cyclist, resulting in bicycle accidents. Bicyclists may avoid accidents by wearing reflective gear, using headlights, or wearing conspicuous clothing at night. Riding to the left on the road can also give you more time to respond as a cyclist.

When a vehicle is placed to the right of you at an intersection, the car can hook you to the right when turning right. Bicycle accidents are often caused by the small size of bikes and drivers' inability to search their blind spots while making the right turn. It is possible to avoid collisions by cycling to the left of the lane, where you will be more accessible to drivers, as they will have to pass you first before turning.

Driving Aggressively

Aggressive driving happens when a driver deliberately engages in risky actions that endanger the driver's life as well as the lives of other road users. When a driver acts in this manner while sharing the road with another driver, it is hazardous. A bicyclist who shares the road with an offensive driver, on the other hand, would be at greater risk. Many injuries are caused by aggressive actions, such as speeding by motorists. These collisions occur because a speeding car has little to no response time for an unprepared motorist, resulting in serious injuries.

Tailgating, risky lane changes, disobeying traffic lights and signals, blocking a bicycle path or lane, verbal harassment, and squeezing the gap between a car and a bicyclist are just a few of the offensive actions that trigger bicycle accidents.

You should be aware that as a cyclist, you will frequently encounter aggressive drivers on the road. Engaging with such drivers is risky, mainly because the bicycle has no body to protect you in the event of an accident. As a result, the safest thing to do is to stay away from rude drivers on the road at all costs.

Defects in Bicycles

Most people in Los Angeles would refer to a bicycle accident as a car colliding with a bicyclist. However, there is one hazard that many people overlook: an accident caused by a faulty bicycle. When a bike fails due to a mechanical failure caused by a defective component, it can cause a bicycle accident or make an otherwise avoidable accident challenging to prevent. Such events could result in serious injuries that could have been prevented.

A variety of factors can cause bicycle defects. It may be due to a flaw in the manufacturer's design or a poorly made part. The following are examples of common bicycle failures:

• Fork failure due to a defect or carbon fork failure
• Carbon fiber frames with cracks
• Wheels or tires that are defective
• Brakes that don't work
• Fault on quick-release hubs on the front tire
• Failure to meet safety requirements
• Materials and assembly errors

It's worth noting that bicycle recalls have occurred in the past due to the failures or defects mentioned above. Recalls are often declared so that if you purchase a faulty bike, you can sue the following parties for their negligence in causing an accident that results in serious injuries:

• The bicycle's or its components' manufacturer
• The business that put the bike together
• The distributor
• The retailer
• The bicycle service center
• If the bicycle is from a bicycle sharing service

Bicyclists who are involved in bicycle accidents and believe the accident was caused by a faulty component or bicycle should gather facts as soon as possible. You can photograph the damage to the bike, the road surface where the accident occurred, and the accident scene or surroundings. This would be crucial in the personal injury lawsuit because they would remove the need to consider any factors that could have contributed to the accident. Since there's no reason to think something else might have triggered the accident, it'll be simple to blame the crash and your injury on a defective bicycle or part.

Most Common injuries

Even in the state of California, bicycle accidents are widespread. According to the Centers for Disease Control and Prevention (CDC), approximately 467,000 cycling accident-related injuries occurred in 2015. About 1,000 bicyclists were killed in accidents around the country that year. Accidents involving bicycles may have significant health and financial implications. Accidental injuries can result in high medical costs, which can place a burden on anyone's finances.

Every bicycle accident is unique and can result in a variety of outcomes. When you ride a bicycle, there are a number of variables at play that can influence the development of an accident. Road conditions, weather, whether or not you are wearing protective clothing, the ability to handle the bicycle, the state of the bike, when you are bicycling, and other factors may all come into play. A bicycle cycle accident can happen out of nowhere, much like a car accident. Bicyclists face a significant risk of being involved in an accident. They must not only be conscious of their surroundings at all times while bicycling, but they must also be aware of those who might not notice them at all. Depending on the circumstances, you can sustain serious injuries or none at all.

If you were injured in a cycling accident as a result of another person's negligence, you would be able to pursue your case in court with the help of a Los Angeles Personal Injury Attorney.

The following is a list of some of the most common forms of injuries that can occur in a bicycle accident. Of course, when it comes to any kind of accident, there are several factors at play. Your injuries can be one-of-a-kind and vary in severity if you've been in an accident.

Acute or Minor Injuries

Bicyclists who have been in an accident often suffer injuries to their upper and lower extremities. Your arms, legs, and head will all be affected. These are usually the first parts of the body to touch the ground or other objects. There are often body parts that are often protected by protective equipment such as a helmet, knee guards, and elbow guards.

Minor accidents are among the most common injuries suffered by bicyclists. These commonly occur when you fall off your bike, strike a curb, or collide with another object. Aside from scrapes and cuts, this can cause a variety of injuries depending on the situation.

Abrasions and Contusions

A swollen patch of the skin or tissue is known as a contusion. These are very normal and can occur as a result of a variety of circumstances. If you fall off your bike and land on the asphalt, for example, you can develop contusions in your legs or arms. The majority of the time, these will recover on their own.

An abrasion occurs when the skin is scraped. This form of injury is prevalent, especially among bicyclists. Abrasions can happen in a number of ways. For instance, if you fell off your bike and skidded across the asphalt, you could have scrapes along any open skin that was impacted. Contusions can accompany abrasions. The majority of the time, this form of injury can recover on its own.

Lacerations

Lacerations are another common form of minor injury. This is also known as a slash or a slash. This is a natural occurrence for someone riding a bicycle. When riding a bicycle, you can come into contact with another object, which could result in a cut on your skin.

Strains

Another minor injury that bicyclists can experience on a regular basis is strain. Strains occur when the muscles have been overextended or bent. These can be very painful, but they are mild in nature. These injuries also recover on their own with time.

Broken Bones & Fractures

Bone fractures and fractured bones are two other common forms of bicycle accident injuries. Bicyclists are particularly vulnerable to these accidents because there is no physical barrier between their bodies and the rest of the lane. The seriousness of these injuries can range from minor cracks in your bones to a complete break. Whatever the case may be, these types of injuries can be very traumatic and severe for anyone.

If you fall painfully or with excessive force after being thrown off your bike, you risk breaking bones or fractures. In serious cases, these injuries can impact every bone in your body, including your legs, arms, shoulders, ribs, hands, feet, and even your skull.

Broken bones and fractures can be excruciatingly painful. Also, if you have suffered this sort of injury, you should seek medical attention immediately. These injuries can be healed, but it will take time and specific treatments.

Injuries to the head and neck

Bicyclists can also suffer from head and neck injuries. These injuries are severe because your brain and a portion of your spine are located in this area of your body. Serious injuries to this area may have a long-term effect on your health and ability to work normally. Again, the severity of injuries in this region can vary, and they can occur as a result of major or minor incidents. However, failing to wear the appropriate protective equipment, such as a helmet, can only increase the risk of serious injury in this region.

Even if you wear a helmet, you can still suffer a head or neck injury; however, the seriousness of the injury may be lessened. Most of the time, these types of accidents occur as a result of a collision or a fall off your bicycle. These injuries, once again, can have a major effect on the body. To ensure that injuries to the brain or neck have not resulted in significant injury, the victim will need proper medical care.

Traumatic Injuries

Traumatic injuries are among the most severe forms of injuries that bicyclists can suffer in the event of an accident. A traumatic injury occurs when the brain is damaged suddenly as a result of a violent blow or hit to the head. These injuries can occur when bicyclists are involved in a serious road accident. The following are some of the most common serious injuries suffered by bicyclists in accidents.

Fracture of the skull

A skull fracture is a serious injury that can result from a bicycle accident, especially if you are not wearing proper protective gear like a helmet. This includes every form of cranial bone or skull fracture. This form of injury is usually caused by a severe impact or blow to the strong enough head to crack the bone. Despite wearing a helmet, a skull fracture may occur if enough force is applied. The accident may result in a brain injury if it's severe enough. Face bruising, swelling, and tenderness around the injury, as well as bleeding from the ears or nostrils, are all common signs of a skull fracture.

Depending on the force of the injury and what caused it, skull fracture injuries can differ in form and severity. Open or closed fractures, depressed fractures, and basal fractures are all examples of this (a fracture around the floor of the skull). A fracture's severity can also vary. Some injuries are minor and heal quickly, while others are more serious and result in permanent brain damage. This form of injury, in any case, would necessitate medical treatment.

Cranial Hemorrhage

Cranial hemorrhages are very severe accidents that need immediate medical treatment since they can be fatal. Acute bleeding inside the skull or brain is referred to as this. Depending on the circumstances, a cranial hemorrhage can be linked to other severe traumatic injuries. If not treated correctly, cranial hemorrhages can lead to severe complications, and in some cases, they can be fatal.

Many different forms of cranial hemorrhages may occur as a result of a bicycle accident. An epidural hematoma, a subdural hematoma, and a subarachnoid hemorrhage are examples of these. The majority of the time, these accidents are the product of severe traumatic injuries sustained in a cycling accident. Extreme headaches from traumatic injuries, headaches followed by stiffness in the neck, dizziness, nausea, vomiting, seizures, and more serious conditions are all common signs of a cranial hemorrhage.

Concussions

A concussion is one of the most common forms of traumatic injuries suffered by cyclists. This is also one of the milder types of traumatic events that can happen. Again, a simple hit or impact to the head will result in this type of injury. Even though wearing a helmet will reduce the seriousness and likelihood of such an accident, it can still happen. Since a concussion is an internal injury, there will be no external damage to the brain. However, depending on the cause of the injury, you can develop a bruise.

Despite the fact that concussions are a mild type of traumatic injury, they can still have a negative effect on your health. Dizziness, blurred vision, nausea or vomiting, sensitivity to noise and light, a loss of balance, headaches, and other symptoms can occur depending on the severity of the concussion.

Concussions normally only last a few minutes. If the symptoms last for an extended period of time, they may be a sign of a more serious traumatic injury, and you should seek medical help right away.

Damages Involved in a Bicycle Accident and the Compensation You May Receive

Health and recovery costs for the past and future

Due to the nature of the crash, you are likely to suffer serious injury if you are involved in a cycling accident. Minor cuts and bruises can result from the accident and more serious issues such as paralysis or even permanent disability. In any case, you must seek medical attention as soon as possible after the accident to be investigated. This is to ensure that any non-physical injuries, such as internal bleeding, are attended to.

You will be entitled to recover all medical costs incurred as a result of the bicycle accident under this compensation. Essentially, this includes hospital bills, prescription treatment prices, rehabilitative services, and other medical expenses. You will be able to assess your medical bills with the aid of your L.A. Personal Injury Attorney, physicians, and other healthcare professionals before filing a claim for compensation. Additionally, they are capable of estimating potential medical bills in the event that you have not completely recovered by the time of filing a personal injury litigation claim.

If, on the other hand, the accident clearly resulted in the death of a family member, you will be able to sue for wrongful death as well as all other medical costs incurred from the time of the accident to the time of death.

Wages and earning opportunities that have been lost.

If you are unable to return to work after a cycling accident, you will be entitled to compensation for missed wages up until the time of arbitration or hearing. In addition to being compensated for missed earnings, you can also be compensated for lost benefits such as health and retirement. Suppose there is some evidence of a permanent disability that is discovered during the hearing. In that case, it is important to ensure that all potential compensation and income lost are accurately measured. This is because most cycling crashes hurt the victims' ability to raise money if they are seriously injured.

Serious injuries can make it impossible to continue with one's daily activities. Many hours could be wasted in the hospital, dealing with mobility problems or attending physical therapy sessions. When compared to unemployed or self-employed people, obtaining this payout could be easier for those who were employed. If you were self-employed, you would have to show the jury evidence that you would have been receiving during the time you were not working. Compensation for missed wages is calculated from the moment you were involved in a bicycle accident to the time you reached a settlement. However, if your injuries are serious enough to put your future earnings at risk, you might be entitled to compensation in the future.

In this scenario, a variety of variables are considered to decide whether you are eligible for potential income payments, including your life expectancy, experience, health status, age, profession, abilities, talent, and training. If your future earnings are threatened by your injuries, you can use your previous earnings to estimate the appropriate amount. These damages are intended to compensate you for the earnings you would have made if the bicycle accident had not happened.

Pain and suffering

Bicycle accidents often result in excruciating pain and suffering. These damages are paid to people who have been injured in a cycling accident. There is a chance that they will continue to experience physical or emotional distress due to the accident. This form of benefit is typically based on the seriousness of the injury, discomfort, and the possibility of potential pain as a result of the bicycle accident. The preparedness of your counsel is critical to the success of this lawsuit.

In order to build a solid argument, your counsel would need to gather all of the required evidence demonstrating the severity of the suffering, the amount of time you were in pain, and any other losses you sustained. When filing a claim for this benefit, there are many types of pain and suffering that can be listed, including:

• Suffering on the mental and emotional levels
• In the event of severe disfigurement, your professional reputation as the plaintiff will be jeopardized.
• Possibility of injury deterioration

The most difficult aspect of these damages is that they are difficult to measure, making it difficult to bargain for claims. Furthermore, it is impossible to predict the severity of someone's pain and suffering.

Loss of enjoyment in life

Serious injuries, obviously, can prevent you from participating in sports, hobbies, and other recreational activities that you used to enjoy. Similarly, a serious injury sustained in a bicycle accident can prevent you from experiencing the satisfaction or enjoyment you used to participate in certain intellectual activities. Losing the desire to engage in physical and mental activities can significantly impact your quality of life. As a result, you won't be able to enjoy the same level of fun that you did before the crash.

Your personal injury claim will be able to compensate you for this loss through an award of economic damages. The amount of compensation that can be received is difficult to predict since it is entirely dependent on the judges' discretion. You should, however, talk to your family members to see what they would demand if they were in your shoes. Most importantly, seek the help of an experienced Los Angeles Personal Injury Lawyer who will educate you on the possible extent of your damages.

Emotional anguish

Emotional distress awards are intended to compensate a bicycle accident applicant for psychological issues that their injuries may have caused in their daily lives. There are several indicators that one is emotionally disturbed. Anxiety, apprehension, and a lack of sleep are all possible symptoms. This form of loss is highly subjective and varies greatly from one person to the next. As a result, it's important to document all psychological effects as soon as possible after a bicycle crash. Any symptoms of psychological impairment should be reported to the doctor so that they can be recorded.

Medical reporting of emotional distress is important because it can be used as evidence of a personal injury case. When filing a claim with your insurance provider, you can also use the same details. Another way to gather information is to maintain a regular journal about how you've felt since you were injured in the accident. This can be done in a personal journal or a regular journal.

Damage to property

You have the right to seek reimbursements under this form of coverage if your personal belongings were lost in the accident. Cycling helmets, footwear, and any other additional attachments that might have been on your bicycle at the time of the crash are some of the items that you are likely to include in your lawsuit. You have the right to demand the repair costs if the cost of fixing the bicycle is less than its worth before the accident.

However, if the cost of fixing your bike exceeds the value of your bike before the incident or your bicycle is destroyed beyond repair, you will be entitled to damages equal to the value of your bike before the accident. You must present proper documentation and verified estimates from a recognized bicycle shop in order to claim this payout. You can take your bicycle to a professional who will assess the extent of the harm and assist you in determining the market value. You'll be able to make estimates here, such as:

• The bike's worth in the state it was in just before the accident
• Ascertain that the information in the assessment corresponds to the current condition of your bicycle in terms of model and year. If you're having trouble finding your brand, go to a shop that sells used bicycles for assistance.
• Bicycle repair costs
• regardless of whether your bicycle can be fixed or is beyond repair, you must have these figures.
• The value of the bicycle in the state it was in at the time of the accident
• in most situations, this value is poor unless you added additional parts to your bike.

Punitive Damages

In a personal injury case, these awards are awarded to compensate the plaintiff for specific damages suffered as a result of a cycling accident. Punitive damages are often intended to punish a criminal whose actions led to the injury sustained. However, this type of compensation is only available if the plaintiff may show that the defendant was guilty of gross negligence or delinquent behavior.

Find A Bicycle Accidents Lawyer in California

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