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California Bicycle Accident Lawyer

 

 

 

 

 

 

Bike Accidents

There is very little protection for a rider involved in a bicycle accident and bicycle injuries can be severe. If you have been involved in a bike accident, you should contact an experienced bicycle accident attorney. The experienced attorneys at The Reeves Law Group may be able to help you.

Bicycle Accident Statistics

There are millions of bicyclists in the United States. The National Highway Transportation Safety Administration ("NHTSA") reported that in the summer of 2002, 57 million people - or 28% of the population rode bikes. Half of the survey respondents reported riding bicycles purely for pleasure or exercise. Some of these rides, however, resulted in bicycle accidents and injuries ranging in severity from minor to life altering. Bicycle trips account for less than 1% of all trips in the United States, yet bicycle deaths constitute 2% of all traffic fatalities. Bicycle riding by itself is not inherently dangerous, but combined with other factors, such as the inattention of motorists and poorly maintained roads, it can be deadly.

It is very difficult to determine the number of bicycle accidents which occur each year because so many go unreported. According to one research organization which compared police records to emergency room records, it is possible that as few as 10% of bicycle injuries are reported to police. However, there has been a significant decline in the number of serious bicycle accidents over the past two decades. This seems to be due to increased awareness of bicycle safety, both by cyclists and motorists. Safety campaigns aimed at children and parents have been effective. Nonetheless, there continues to be too many bicycle deaths and bicycle injuries.

Although the trend has been toward fewer bicyclist deaths, there has also been a major shift in who is being killed in bicycling accidents. According to the Insurance Institute for Highway Safety, in 1975, only 32% of those killed in bicycle accidents were over the age of 16. In 1999, 71% of bicycle deaths involved bicyclists 16 years or older. Today most bicycle accidents involve adults at intersections of major roads at night.

As fuel prices continue to increase, the number of adults adopting cycling for necessity rather than recreation is likely to increase. If bicycle transportation indeed increases, so will the circumstances that bring about most bicycle accidents and injuries.

What Causes Bicycle Accidents?

Environmental factors such as impaired visibility, and poor road and path conditions, including potholes, road debris, maintenance problems (see Dangerous Roads) and even dog attacks can cause bicycle accidents. Negligent motorists often can cause bike accidents by opening a car door into a cyclist's path or not paying adequate attention while driving. Drunken driving is also a significant cause of bicycle accidents. It is the unfortunate truth that some motorists cause bicycle accidents by recklessly refusing to share the road, forcing cyclists off the road or into a collision. The University of North Carolina, in conjunction with the US Department of Transportation analyzed the circumstances of the 750 bicycle accidents involving motor vehicles that occurred in 1999. They found that all of the bike accidents they studied were the result of six common scenarios:

• Failing to yield the right-of-way at an intersection by motorist (21.7%) or bicyclist (16.8%);

• Motorists unexpectedly turning or merging into the path of a cyclist, often making left turns in the path of an oncoming cyclist (12.1%);

• Bicyclist, typically children, failing to yield the right-of-way at a mid-block location, often a residential driveway. (11.7%)

• Motorists overtaking bicyclists, often by misjudging the space needed to safely pass (8.6%); and

• Bicyclists unexpectedly turning or merging into the path of a motorist, often making left turns into the path of an oncoming motorist (7.3%).

Some bike accidents are caused by the defective design, manufacture or repair of bicycles or their components.

Bicycle Injuries

Bicycle injuries can be very serious. According to the NHTSA, in 2006 there were 773 bicycle deaths and 44,000 bicycle injuries resulting from bicycle accidents involving motor vehicles. Sadly, in 1999, according to the Insurance Institute for Highway Safety, in 98% of bicycle fatalities, the rider was not wearing a helmet. However, a cyclist, even when wearing a helmet and protective clothing, is no match for a car or truck. Bicycle accidents commonly result in a variety of serious injuries, in addition to death. Common serious injuries from bicycle accidents include:

• head trauma,

• fractures,

• spinal cord injuries,

• severed limbs, and

• serious abrasions or "road rash" that can lead to infection.

These types of injuries common to bike accidents may deprive a cyclist not only of his or her good health, but to the bicyclist's capacity to earn a living, and the ability to care for his or her family. Bicycle accident victims often require costly medical care. The need for this care in cases involving catastrophic injuries may continue throughout the cyclist's entire life.

Compensation for Your Injuries

Because injuries sustained in a bike accident can be substantial, bicyclists and their families may lose the quality of life they previously enjoyed. If you have been injured in a bicycle accident, you may be able to recover your past and future lost wages, expenses for doctors, hospitals and skilled caregivers, and other expenses related to your bicycle accident. You also may be entitled to money that would compensate you for any pain, disability and disfigurement you have and may continue to suffer. If your bicycle injuries are long-lasting, your damages might also include reparation for diminished enjoyment of life.  Damages for injuries sustained in a bicycle accident which result in a decreased life expectancy of the claimant may also be recoverable.

Act Promptly and Consult With a Bicycle Accident Attorney

Accident scenes change quickly and memories fade. It is very important to speak with a bicycle accident attorney as soon after an accident as possible. To preserve evidence that may be of great importance to your bicycle accident case, there are several actions that should be considered immediately. An experienced accident attorney may arrange for the safe storage of your bicycle for later inspection for potential defects and product liability claims, conduct an initial thorough investigation of the accident scene, and interview eyewitnesses while facts are fresh in their minds.

Quick actions by experienced accident attorneys can make a big difference in the outcome of your case. The accident attorneys of The Reeves Law Group are experienced in litigating many types of accident cases, including bicycle accidents, and have won thousands of cases. We can take care of your case, while you and your doctor take care of your injuries.

Hiring Experts in Bicycle Accidents

Many factors can make a bicycle accident case difficult to litigate. The complexities of a bike accident case often make it appropriate to use expert witnesses, whose knowledge and ability to communicate to a judge or jury can make a difference in your outcome. Expert witnesses may be needed to analyze and testify about:

• road conditions,

• the chain of events that led to a bicycle accident and accident recreation,

• factors that contributed to a bike accident, such as traffic controls, visibility obstruction and the speed at which the bicycle and vehicle were traveling, and

• mechanical failures due to defective parts or maintenance.

Expert witnesses can also be helpful in evaluating and explaining your injuries. Experts such as neurologists, orthopedic surgeons, economists, life-case planners, as well as experts in vocational rehab and human factors, are often necessary in catastrophic injury cases. It is imperative that in such high damage cases attorneys with substantial monetary resources are hired if a client hopes to obtain maximum compensation for his injuries.

The accident attorneys at The Reeves Law Group are prepared to help you realize the best possible outcome in a bike accident, if you or your loved one has suffered bicycle accident injuries.

Sources of Recovery for Bicycle Accident Injuries

There are several potential sources of recovery for victims of bike accidents. Sources of recovery could include automobile insurance and homeowners insurance. In most states, even when riders are partially at fault for a bicycle accident, they can also recover monetary compensation for the fault of other parties, such as negligent motorists, government agencies, or parts manufacturers, if they are found to have contributed to the cause of the bicycle accident or bicycle injuries. You should make sure to hire a well-established personal injury law firm with sufficient case-handling sophistication to identify all possible defendants and pursue all possible sources of compensation in your case.

At The Reeves Law Group we take pride in providing accident victims and their families with exceptional service and substantial results. If you have been the victim of a bicycle accident we may be able to help you obtain a recovery to compensate you financially. You can email us or reach us at (800) 644-8000 for a free case evaluation.