Imagine you’re riding your bike down a familiar street, the sun is setting, and you’re enjoying the cool breeze on your face. Suddenly, a car fails to yield at an intersection, hitting you and throwing you off your bike. In those split seconds, everything changes. Your body hits the pavement hard, and now you’re facing a painful recovery, medical bills, lost time from work, and emotional stress.
If you’ve been injured in a bicycle accident like this in California, you’re likely wondering how much compensation you could receive for your injuries and losses. At Wilshire Law Firm, our experienced personal injury lawyers understand these difficult circumstances and work to make sure you get the compensation you deserve. You will get justice, and you will get paid.
Our legal team has experience handling these cases. We know how much a bicycle accident claim is worth and the types of compensation available. Our powerhouse legal team can help you recover the maximum amount possible.
Common Injuries in Bicycle Accidents
Bicycle accidents can result in severe injuries because cyclists lack the protection that cars provide. Even with a helmet, the human body is vulnerable to the impact of a collision with a vehicle, the pavement, or other objects. Some of the most common injuries in bike crashes include:
- Head Injury and Traumatic Brain Injuries (TBI): Even with a helmet, a cyclist can suffer a traumatic brain injury if their head hits the ground or a car. These injuries can lead to long-term cognitive problems, memory loss, and emotional challenges.
- Broken Bones: Fractures are common in bike accidents, particularly to the arms, legs, ribs, and collarbones, as cyclists often try to break their fall or absorb the impact.
- Spinal Cord Injuries: A serious bike crash can lead to spinal cord injuries, which may result in partial or total paralysis. These injuries can require extensive treatment and rehabilitation.
- Internal Injuries: The force of impact in a crash can cause internal bleeding and damage to organs, which might not be immediately visible but can be life-threatening.
- Road Rash and Lacerations: When cyclists are thrown from their bikes and slide across the pavement, they can suffer painful road rash and deep cuts. These injuries can cause permanent scarring or disfigurement.
- Emotional Trauma: Beyond the physical injuries, bike accidents often leave victims with emotional scars. Post-traumatic stress disorder (PTSD), anxiety, and depression are common, especially in cases of severe injury or near-death experiences.
- Wrongful Death: Tragically, bike crashes may result in the death of the cyclist, who is largely unprotected against larger vehicles. In these cases, the person’s surviving family may be eligible to bring a wrongful death lawsuit.
Every bicycle accident is different, and the impact on your life—physically, emotionally, and financially—can be overwhelming. But you don’t have to face these challenges alone. Wilshire Law Firm will fight relentlessly for the compensation you deserve.
What Factors Affect the Value of a Bicycle Accident Claim?
Determining the worth of a bicycle accident claim isn’t always straightforward. Several factors can influence the amount of compensation you may receive. A personal injury attorney who has handled bicycle accident claims will use the following factors to build your claim for financial relief:
- The Severity of Your Injuries: Generally, the more serious your injuries are, the higher your compensation. Severe injuries that lead to permanent disability or long-term medical treatment will result in higher damages than minor injuries.
- Liability and Comparative Fault: In California, compensation may be reduced if you are found partially at fault for the accident. However, under the state’s comparative negligence rule, you can still recover damages even if you share some responsibility. Your compensation will be reduced by your percentage of fault.
- Insurance Coverage: The at-fault driver’s insurance policy limits can also play a role in how much you can recover. If their coverage is insufficient, your personal injury lawyer may need to explore other sources of compensation, such as your own uninsured or underinsured motorist coverage.
Types of Compensation Available in Bicycle Accident Cases
When it comes to bicycle accident claims, compensation is typically divided into two categories: economic and non-economic damages. Both types aim to make you whole after the accident by covering your financial losses and addressing the emotional and physical toll of your injuries.
Economic Damages
Economic damages are quantifiable, out-of-pocket expenses directly related to your accident and injuries. These include:
- Medical Expenses: All past and future medical costs related to your injuries can be recovered, including hospital bills, surgeries, rehabilitation, and medications.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for lost income during the period of recovery.
- Loss of Earning Capacity: If your injuries result in a long-term or permanent disability that affects your ability to work, your attorney can seek compensation for the diminished earning capacity.
- Property Damage: If your bicycle or any other personal property was damaged in the accident, you are entitled to recover the cost of repairs or replacement.
- Rehabilitation and Physical Therapy: Recovery from a bicycle accident often involves extensive physical therapy and rehabilitation to regain strength and mobility. These expenses should be included in your compensation.
Non-Economic Damages
Non-economic damages are more subjective and account for the emotional and psychological impact of the accident. These damages include:
- Pain and Suffering: The physical pain you’ve endured and continue to endure as a result of the accident can be compensated. California has no cap on non-economic damages in personal injury claims.
- Emotional Distress: Anxiety, depression, and PTSD are common after a traumatic accident. These emotional impacts can have long-term effects on your mental health and quality of life.
- Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you once enjoyed—whether it’s cycling, playing sports, or spending time with family—you may be entitled to compensation for the diminished quality of life.
- Disfigurement or Disability: If the accident results in permanent scarring, disfigurement, or disability, these life-altering consequences are compensable.
Wrongful Death Damages
In tragic cases where a bicycle accident results in death, the family of the victim may be entitled to pursue a wrongful death claim. The compensation in these cases helps surviving family members cover their financial and emotional losses. Damages in wrongful death claims can include:
- Funeral and Burial Expenses: The costs of laying a loved one to rest can be significant, and compensation can help alleviate this burden.
- Loss of Financial Support: If the deceased contributed to the household income, surviving family members may be entitled to compensation for the loss of financial support the victim would have provided.
- Loss of Consortium: This includes the loss of companionship, care, and emotional support that the deceased would have given to their spouse, children, or other dependents.
- Loss of Guidance: Children who have lost a parent may seek compensation for the loss of parental guidance and nurturing.
- Emotional Distress: The pain and suffering endured by surviving family members due to the untimely loss of their loved one can also be compensated.
At Wilshire Law Firm, we understand how difficult it is to calculate the full extent of your losses after a bicycle accident. That’s why our billion-dollar team will work tirelessly to ensure that every aspect of your claim is covered.
California Bicycle Accident Laws
In California, several laws protect cyclists and outline the rights and responsibilities of drivers and cyclists. Enlisting a personal injury law firm whose attorneys know these laws can make all the difference when filing a claim for compensation after a bicycle accident. At Wilshire Law Firm, our bicycle accident attorneys know the California laws that will be key to these claims.
California Vehicle Code 21200
Under this law, cyclists are granted the same rights and responsibilities as motorists. Drivers must yield to cyclists and give them adequate space on the road. If a driver violates this code and causes an accident, they can be held liable for the injuries and damage they cause.
California Vehicle Code 21760 (The Three Feet for Safety Act)
This law requires motorists to provide at least three feet of space when passing a cyclist. If a driver violates this law and causes an accident, they can be found negligent, which strengthens your case for compensation.
California’s Comparative Negligence Law
As mentioned earlier, California operates under a comparative negligence rule. If you are partially responsible for the accident—for example, if you were not wearing a helmet or failed to signal a turn—you can still recover damages, but your compensation will be reduced based on your percentage of fault.
How a Bicycle Accident Lawyer Can Help
After a bicycle accident, you’re likely focused on healing and trying to get your life back on track. The last thing you should be doing is battling insurance companies or trying to navigate the complex legal system. Unfortunately, insurance adjusters often look for ways to minimize payouts, and you shouldn’t have to worry about defending yourself or proving your case when you’re recovering from an injury.
That’s why hiring a lawyer right away is important. You don’t have to do the heavy lifting. Let your personal injury attorney take the lead in your fight for justice.
At Wilshire Law Firm, we offer a free consultation to evaluate your case, where we’ll listen to your story, review the details of the accident, and explain your legal options. We know that every bicycle accident is different, and we understand the challenges you may be facing, whether it’s getting the proper medical care, dealing with mounting bills, or coping with emotional trauma.
We will help you every step of the way, from gathering evidence such as police reports, medical records, and witness statements to reconstructing the accident if necessary, all while ensuring that you are not blamed for the crash.
Our skilled legal team is relentless in negotiating with insurance companies to secure the maximum compensation for your injuries, lost wages, and pain and suffering. We are fully prepared to take your case to court if the insurance company refuses to offer a fair settlement.
You won’t need to worry about the details; we’ll handle the legal process while you focus on your recovery. You deserve justice, and we will make sure you get it.
How Long Do I Have to File a Claim?
In California, the statute of limitations for filing a personal injury claim after a bicycle accident is generally two years from the date of the accident. This means that if you’ve been injured in a bike crash, you must file your lawsuit within this two-year window, or you risk losing your right to pursue compensation.
However, a claim must be filed within six months under California’s Government Tort Claims Act if the accident involved a government entity, such as a city-owned vehicle. In tragic cases where a bicycle accident results in death, the statute of limitations for filing a wrongful death claim is also two years from the date of the victim’s passing.
Act quickly to protect your rights and allow your legal team ample time to build a strong case. Wilshire Law Firm will help ensure you meet these deadlines and get the compensation you deserve.
Contact an Experienced Bicycle Accident Attorney at Wilshire Law Firm
We understand the emotional and financial toll a bicycle accident can take on your life. We treat every client with the care, respect, and personal attention they deserve. With over $2.5 billion recovered for clients, we are committed to securing the maximum compensation for every client we represent.
We have local knowledge and a national reach. While we are rooted in California, our diverse and smart legal team has the knowledge and resources to handle cases nationwide. We know California law inside and out, ensuring your case is in the best possible hands.
If you’ve been injured in a bicycle accident, Wilshire Law Firm will help you through this challenging time with confidence and compassion. Contact us today for a free consultation and let us start building your case.
We serve clients in Los Angeles, Oakland, Riverside, Orange County, Fresno, San Jose, San Francisco, and throughout California. Call our home office in Los Angeles at 213-335-2402 or contact us online.
