What are bicycle accidents?
When cyclists and motor vehicles collide, cyclists are the most vulnerable. Since many roads have shared lanes for bikes, collisions occur and can be life-threatening. Additionally, with the rise of electronic bikes, injuries can become more devastating. As a result, bicycle accidents in Orange County rose over 50% compared to previous months, amounting to 14 deaths in one year. If you were injured in a bicycle accident in Irvine because of another driver’s negligence, you are entitled to compensation.
What are some common causes of bicycle accidents in Irvine?
- Driving while using smartphones: as technology has increasingly been integrated into modern transportation, many accidents occur with bicycles due to distractions. Similarly, cyclists can be in danger of accidents if they are not aware of their surroundings due to technology use
- Driving past the speed limit: Many cars on the road go past the speed limit. As a result, they may not be able to slow down in time for cyclists in their lane or cyclists who are turning.
- Driving under the influence: Drivers can be impaired due to alcohol use or other drug use. Recently, with the legalization of Cannabis in many states, there has been a rise in DUI. It is important to note that even if a drug is legalized, does not permit drivers to operate a vehicle under the influence.
- Reckless driving: Reckless driving often leads to unintended accidents as the vehicle goes out of control. Reckless driving can include unnecessarily weaving in and out of traffic and tailgating. Bicycles have the same rights as any other motor vehicle. Vehicles trying to go past cyclists are endangering the cyclists in the lane. It is the driver’s responsibility to determine if they are capable of driving, especially if they feel fatigued or emotionally unstable.
- Poor weather and road conditions: Traction on roads is important for cyclists as they can easily slip out of control. Similarly, poor road conditions can lead to debris flying upwards or spin the bicycle out of control. Some of the hazards that a cyclists can encounter are potholes, uneven payment, and barriers/items on the road.
- Improper protective gear: cyclists should wear protective gear such as their helmet to minimize the injuries when in an accident.
While these are only some of the common causes for injuries, there are many other cases that can qualify under personal injuries.
Our Irvine Personal Injury Lawyers Represent Clients In The Following Practice Areas:
- Brain Injury
- Car Accidents
- Dog Bite
- Electric Scooter
- Electric Bike
- Hotel, Resort & Vacation Injuries
- Truck Accidents
- Wrongful Death
- Medical Device Injuries
- Motorcycle Accidents
- Pedestrian Accidents
- Premise Liability
- Turo Accidents
- Slip and Fall Injuries
- Uber/Lyft Accidents
What damages are covered under bicycle injuries under California Law?
Unfortunately, bicycle accidents can be life-threatening. Common damages that you may have suffered from includes, but are not limited to
- Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication. Some of the common injuries include:
- Broken bones: collision from a car, even if the car was driving at the speed limit, is enough to break bones in a cyclists’ legs, arms, etc. It can take several weeks to even months to recover. In severe cases, victims can suffer permanent disabilities and disfigurement from amputations and burns.
- Spinal cord injuries: spinal cord injuries lead to many cyclists to lose the ability to control certain parts of their body. Specifically, a spinal cord damage below the waist can lead to the inability to move body parts below the waist. If victims are fortunate enough with the treatment, they may be able to go through rehabilitation but for many victims, they may never be able to walk again.
- Brain trauma: bicycle accidents often cause cyclists to fall on their head or skull with extreme force. Even with proper protective gear on, collisions and injuries at fast speeds can be fatal. While minor injuries can include small fractures, it can lead to serious injuries such as facial disfigurement, physical or cognitive impairment, and death.
- Internal bleeding: While many injuries can be easily identifiable, some are not that obvious. Collisions can lead to internal organs or blood vessels to rupture. If not treated immediately, it can lead to organ failure.
- Expenses: If there were costs that were out of pocket, it can be included for compensation
- While it can be unfortunate, some pedestrians will not survive their injuries. As a result, expenses for burials and funerals can be filed.
- Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
- Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
- Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury
Evidence that can be collected and used to prove at-fault driver’s negligence
There are several pieces of information that can be helpful to the case. For instance, it is important for the cyclists to call the Irvine police for an accident report. Even if the driver flees the scene, cyclists should report the incident. This allows a physical and official record of the accident that proves the incident took place. Additionally, this can confirm that the injuries were from the recorded accident.
Furthermore, it is helpful to take pictures of your injuries, the scene of the accident, as well as any other damages that are relevant. Within those picture, include a copy of the at-fault driver’s license, his/her insurance card, and the license plate. Contact information can be vital to reach out to eyewitnesses as they can confirm any claims you made about the accident and injuries.
Additionally, even if there were only minor injuries, it is important to visit a doctor to have a medical evaluation. The doctor can determine any injuries that are present and caused by the accident, and can record what treatments are required.
What should I do if I have suffered from bicycle injury In Irvine, CA?
If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence as detailed above.
Be sure to report the incident to the police or public agency in charge so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.
We highly recommend that you contact Alipour Law Group for expert legal assistance at (949) 997-9999 before signing documents or making any statements. Our Irvine personal injury lawyers are ready to assist you with bicycle accidents in Irvine, CA.
Frequently Asked Questions Bicycle Accidents Attorney in Irvine
Can I file a claim if I was partially at fault for my bicycle accident in Irvine?
Yes, you can still file a claim even if you were partially at fault for the bicycle accident. California follows a comparative negligence system, which means you can recover damages proportionate to your degree of fault. Contact Alipour Law Group, APC to discuss your case and understand how comparative negligence may affect your claim.
How long do I have to file a bicycle accident claim in Irvine?
In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, specific circumstances can alter this timeframe. It's crucial to contact Alipour Law Group, APC as soon as possible to ensure you meet all deadlines and preserve your right to seek compensation.
Do I need a lawyer for a bicycle accident claim in Irvine?
While it's possible to handle a bicycle accident claim on your own, having an experienced attorney from Alipour Law Group, APC can significantly increase your chances of a successful outcome. Our attorneys can help gather evidence, negotiate with insurance companies, and advocate for your best interests, ensuring you receive fair compensation for your injuries and damages.
What evidence is important in a bicycle accident case?
Critical evidence in a bicycle accident case includes photos of the accident scene, your injuries, and your damaged bicycle. Police reports, witness statements, medical records, and any surveillance footage from nearby cameras are also important. Alipour Law Group, APC can assist in gathering and preserving this evidence to strengthen your claim.
Can I recover damages if the bicycle accident occurred due to a road hazard?
Yes, if your bicycle accident was caused by a road hazard, you might be able to file a claim against the entity responsible for maintaining the road, such as a city or county government. These cases can be complex, and specific procedures must be followed. Alipour Law Group, APC has experience handling such claims and can guide you through the process.
What should I do if the insurance company offers me a settlement?
If an insurance company offers you a settlement, it's important to consult with an attorney before accepting it. Insurance companies often try to settle quickly and for the least amount possible. Alipour Law Group, APC can review the offer to ensure it covers all your damages and negotiate on your behalf for a fair settlement.
How can I prove the driver was at fault for my bicycle accident?
Proving fault in a bicycle accident involves gathering evidence such as witness statements, traffic camera footage, photos of the accident scene, and the police report. Experienced testimony, such as accident reconstruction professionals, can also be beneficial. Alipour Law Group, APC has the resources to thoroughly investigate and build a strong case on your behalf.
Can I still file a claim if I wasn’t wearing a helmet during the bicycle accident?
Yes, you can still file a claim even if you weren't wearing a helmet. However, not wearing a helmet may impact the amount of compensation you receive, especially if your injuries could have been mitigated by wearing one. California law requires helmets for cyclists under 18, but wearing a helmet is advisable for all riders. Alipour Law Group, APC can help navigate these complexities in your case.
How long does it typically take to resolve a bicycle accident claim?
The duration of a bicycle accident claim varies depending on the complexity of the case, the severity of injuries, and the willingness of the insurance company to settle. Some cases may be resolved in a few months, while others may take a year or more. Alipour Law Group, APC will work diligently to resolve your case as quickly as possible while ensuring you receive fair compensation.