How To File A Bicycle Accident Claim In Orange County?

If you have been involved in a bicycle accident, you might be entitled to compensation. Pursuing a legal claim for a bicycle accident can hold the responsible parties accountable for their actions.

Bicycle Accident Law in Orange County

When filing a bicycle accident claim in Orange County, it's important to familiarize yourself with the basic laws in the region. The area experiences a high number of bicycle accidents due to its large population, heavy traffic, and favorable climate.

As a cyclist in California, being aware of the comparative negligence law is essential. This law allows you to recover compensation even if you are partially at fault for an incident resulting in injury.

Additionally, it's vital to follow California law, which mandates that all cyclists under 18 wear helmets on public roads. When cycling on public roads, make sure to obey all traffic signs and ride in the direction of traffic.

If you neglect to adhere to traffic laws or ride carelessly, the court may determine that you are partly responsible for the accident. In such cases, the court will allocate a percentage of fault based on your contribution to the incident.

Unfortunately, you will lose that percentage of the compensation. Consequently, it is vital to ride responsibly and follow traffic regulations to prevent accidents and avoid any loss of deserved compensation.

Steps To File A Bicycle Accident Claim in Orange County

Filing a bicycle accident claim in Orange County involves several steps. Here's what you need to do:

Seek Medical Attention

The first typical step after a bicycle accident is seeking medical attention for injuries. Even if you feel fine, you must be examined by a medical professional because some injuries are not always immediately apparent.

Gather Evidence

To file a successful bicycle accident claim, you must gather evidence to support your bicycle accident case first.

• Photos of The Accident Scene: Take photographs as soon as possible. It includes any damage to your bicycle, other vehicle position, and any visible injuries you sustained.
• Contact Information of Witnesses: Get the names and contact information of anyone who witnessed the accident. They may also be able to provide valuable testimony about what happened.
• Police Report: Notify the authorities by contacting the police. Request that they create an accident report. This document can offer crucial information about the accident's context, including any citations given or charges filed.
• Medical Records: Seek medical attention for injuries you sustained in the accident, and keep records of medical treatments. These records help to support your claim for damages.
• Receipts For Any Medical Expenses Or Bicycle Repairs: Keep track of any expenses you incur due to the accident. This list includes medical bills, prescription costs, and bicycle repair or replacement.

Contact A Bicycle Accident Attorney

New Paragraph

File An Insurance Claim

Before initiating a lawsuit, you should file an insurance claim with the driver's insurance provider. Your lawyer can assist you in preparing the claim and negotiating with the insurance company, making sure you obtain a just settlement.

Consider Filing A Lawsuit

In case the insurance company refuses to offer a reasonable settlement, it might be necessary to pursue a bicycle injury lawsuit. Your lawyer can guide you through the legal proceedings and provide representation in court.

Working With Your Bicycle Accident Attorney

Throughout the claim process, your bicycle accident attorney will serve as your advocate. Moreover, by actively working together with your lawyer, you'll construct a strong case and pursue just compensation. Here's what you can anticipate from a seasoned bicycle accident attorney:

1. Initial Consultation: During the initial consultation, your attorney will meet with you to discuss the details of your case. He or she will gather information to determine the best course of action.
2. Investigation: Your attorney will investigate, gather evidence, interview witnesses, and consult with professionals to build a strong case.
3. Negotiation: Your attorney will negotiate with insurance companies and other parties involved to secure a better settlement on your behalf.
4. Lawsuit: Your lawyer may direct you to file a claim if a settlement does not reach any point. He will represent you in court to pursue the compensation you deserve.

Completing all requirements of a bicycle accident injury claim makes the case easier to follow to receive maximum compensation.

Causes Of Bicycle Accidents In Orange County

According to the NHTSA, a car hitting a bicycle is the most common cause of bicycle accidents. It accounts for around 3 out of every 10 bicycling injuries. However, examining what causes these accidents between bicyclists and cars is interesting.

In Orange County, these are the most common causes of bicycle accidents involving a car:

• Distracted Driving: A driver looking down at their phone is the most common type of distracted driving that causes bicycle accidents.
• Failure To Yield: It occurs when a car does not wait for a bicyclist to finish crossing the street before their turn.
• Car Doors: Opening a car door when a cyclist is riding by can lead to a collision.
• Failure To Leave A Safe Distance: Motorists drive too close to bicyclists, particularly in areas without a designated bike lane.
• Pulling Out Of A Driveway: Accidents can occur when a car tries to pull into the road from parking.
• Speeding: Driving too fast for the conditions is a common cause of bicycle accidents.
• Running Stop Signs Or Red Lights: If a vehicle driver fails to stop at a controlled intersection, a slower-moving bicyclist may be unable to move out. However, bicyclists can also contribute to accidents by not adhering to the road rules.
• Turning Into The Bicyclist's Path: Turning into a cyclist's path occurs when a vehicle attempts to make a right turn onto another road but ends up obstructing the path of the bicyclist.
• Unsafe Lane Changes: Sometimes drivers forget to check before changing lanes or miss seeing a bicyclist in their blind spot.

Common Bicycle Accident Injuries

Bicycle accidents can result in serious injuries, from minor scrapes to life-threatening injuries. Typical bicycle accident injuries include the following:

Road Rash

You may experience road rash, a painful injury caused by skin rubbing against the pavement during a bicycle accident.

Broken Bones

Broken bones can occur if you fall off your bike or collide with a vehicle. It may require proper medical attention.

Head Injuries

Head injuries can start from minor concussions to more serious traumatic brain injuries. A medical professional should evaluate it.

Spinal Cord Injuries

Spinal cord injuries can cause paralysis or other long-term health consequences and require immediate medical attention.

Internal Injuries

Internal injuries, like internal bleeding or organ damage, can be life-threatening and require urgent medical treatment.

Soft Tissue Injuries

Soft tissue injuries, like bruises or sprains, may seem minor but can cause significant pain and discomfort.

Common Areas Where Bicycle Accidents Occur In Orange County

Bicycle accidents occur more frequently in urban areas than rural areas. It is especially true for fatal accidents. Sixty-eight percent of deadly bicycle accidents happen in urban areas, while only 30 percent occur in rural areas. The explanation for this phenomenon is straightforward. Urban areas tend to be more crowded, meaning there are more opportunities for accidents. Additionally, the density of people and vehicles in urban areas often leaves less margin for error.

Furthermore, most bicycle accidents happen along roadways rather than at intersections. The National Highway Traffic Safety Administration (NHTSA) states that 57.3 percent of fatal bicycle accidents happen at non-intersections. In contrast, only 30.5 percent occur at intersections.

The most likely scenario for a bicycle accident is on a roadway in an urban area. For example, a cyclist on E Katella Ave. heading to Angel Stadium is at high risk of having an accident.

Knowing where bicycle accidents are most likely to occur, it's essential to take steps to ensure your safety. Here are five tips to make yourself more visible to motorists when cycling at night:

• Use a white headlamp as required by California Vehicle Code (CVC) 21201.
• Use a taillight.
• Wear fluorescent or reflective clothing and shoes.
• Use reflectors as needed, including a rear red reflector and a white or yellow reflector on each pedal and shoe.
• Use white or yellow glasses on the front sides and white or red mirrors on the rear. Use it unless your bicycle has reflectorized front and rear tires.
• Wear lights on yourself and your belongings.

Compensation In Orange County For Bicycle Accident Injuries

If you've been in a bicycle accident, you have the legal right to compensation for economic and non-economic damages. Monetary damages for bicycle accident injuries include lost wages and medical expenses. At the same time, non-economic injuries for bicycle accident victims include pain and suffering and loss of happiness in life.

Working with a professional injury lawyer is vital to ensure you receive the maximum compensation under the law. The insurance company may try to take advantage of you. Working with an attorney can protect your legal rights and get the repayment you want.

The concept is the same whether you settle the claim with the insurance company or take your case to court.

Don't leave anything to chance – work with an attorney to protect your legal rights and get the compensation you deserve.

You may file a wrongful death claim for a bicycle accident caused by negligence leading to losing a loved one. The primary purpose of a wrongful death claim is to help surviving family members who have lost their loved ones.

Wrongful Death Claims In California for Bicycle Accidents

To file a wrongful death case for a bicycle accident, you must be able to prove negligence. Negligence can include speeding, distracted driving, failing to yield the right of way, or driving under the influence. It means that the driver was unable to exercise reasonable care, which leads to the death of your loved one.

California law allows certain family members to file a wrongful death claim. It involves a spouse or legal domestic partner, child or adopted step-child, dependent family member, legal heir, or sibling. It's important to know that the statute of limitations varies in California, so it is important to immediately consult with a qualified Orange County bicycle accident attorney.

You may be eligible for damages if you prove negligence in a wrongful death personal injury claim. It could include funeral and burial expenses, loss of financial support, loss of companionship, and pain and suffering. The amount of compensation in wrongful death or verdict can vary widely depending on the circumstances of the case. An expert personal injury attorney can help you estimate what your claim may be worth.

Working with an experienced attorney when pursuing a wrongful death claim for a bicycle accident in California is essential. The insurance company for the negligent driver will likely attempt to minimize or deny your claim. A highly experienced personal injury attorney can help you navigate the legal process.

How To Proceed After A Bicycle Accident In Orange County?

Cycling can be a great source to stay active and healthy, but safety should always come first. If you have been in a bicycle accident, feel free to contact us for a free consultation.

At Bike Legal, our attorneys handle legal claims for injured cyclists in Orange County. We take great care of the technicalities so you can concentrate on the things that matter. To see how we can help you, call us at 877-245-3534 immediately.

FAQS

Is It Worth Filing Lawsuit After A Bicycle Accident?

Whether to file a lawsuit after a bicycle accident depends on various factors. For instance, the severity of injuries, the extent of property damage, and the level of negligence of the other party. It may be worth pursuing a lawsuit to help recover the compensation you likely deserve. It can cover your medical bills, lost wages, and other damages. An experienced bicycle attorney can help you evaluate your case and determine whether a lawsuit is best.

What Is The Average Recovery Time For A Bicycle Accident?

The recovery time from a bicycle accident can vary widely depending on the severity of the injuries sustained. It can take a few days to a week for minor injuries such as scrapes, bruises, and small cuts. Recovery can take several weeks, months, or even years for more severe injuries. It may include broken bones, head trauma, or spinal cord injuries. Surgery, physical therapy, and rehabilitation may be necessary for a full recovery.