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Merced Bicycle Accident Lawyers
Bicycle riders are at the mercy of all other vehicles on the road. They must rely on safe and considerate drivers who obey all traffic laws for protection. Otherwise, the person riding the bicycle could suffer permanent injuries or die from a collision with a motor vehicle.
Bicycle accident victims deserve justice. At Silva Injury Law, we solve problems. While we remain committed to helping you heal, we are staunch advocates for our clients and want justice for them. Our clients are not just another number to us. Here, you’re family.
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Common Bicycle Accident Injuries
As with every endeavor in life, some people are lucky and others are not. The same is true with bicycle accident injuries.
When a 2,000-pound car traveling over 20 miles per hour hits a bike rider, the chances of survival decrease significantly. Bike accident injuries range from fatalities to scratches and bruises. Some wounds will heal more quickly while others could last a lifetime. More specifically, common bike injuries include:
- Traumatic head injuries such as concussions, brain hemorrhaging, traumatic brain injury, and skull fractures;
- Skull injuries like contusions, fractures to the jaw, cheek, or orbital bones, eye injuries, and broken or dislodged teeth;
- Musculoskeletal trauma such as broken bones, dislocated joints, muscles tears, and amputations;
- Thoracic injuries like rib fractures, punctured lungs, and deflated lungs;
- Abdominal trauma including ruptured or lacerated organs, bruising, and traumatic hernias; and
- Soft tissue injuries such as road rash, lacerations, and bruises.
Death can result from multiple traumatic injuries, especially from head wounds. Requesting a free consultation from knowledgeable and skilled Merced Bicycle accident lawyers can help you understand your rights and the type of claim you may have.
Proving Negligence
Broadly, negligence is a careless act that leads to another person’s injury. According to California law, negligence is the failure to use reasonable care to prevent harm from occurring. Reasonable care is the degree of care used by a reasonable person in the same or similar situation. Negligence can be an affirmative act or a failure to act.
There is no claim for negligence without an injury. To support a negligence claim, a breach of the duty of reasonable care must have hurt or killed someone.
The claimant has the burden to prove the elements of negligence by a fair preponderance of the evidence. However, some situations arise that relieve the plaintiff from proving the defendant acted negligently. If the defendant violated a criminal law—such as by driving drunk or street racing—and violating the law is a substantial factor in causing the plaintiff’s injuries, then California law presumes the driver acted negligently. This is the doctrine of “negligence per se.” The plaintiff continues to have the burden to prove damages.
What Are Some Examples of Negligence in Bike Accidents?
The mere occurrence of an accident is not evidence that either person acted negligently. Sometimes an accident is simply an accident. However, bicycle accidents frequently happen when the motor vehicle driver makes a mistake. Common causes of bike accidents include:
- Texting and driving;
- Making a phone call;
- Failing to pay attention to the road;
- Excessive speed;
- Driving to closely to the bicycle rider;
- Driving drunk or high;
- Operating a defective vehicle; and
- Violating the California Vehicle Code.
Skilled insurance defense attorneys will try to limit their exposure by arguing that the bicycle rider is to blame for the crash. An insurance company’s lawyer who successfully argues the plaintiff bears some responsibility for the crash can reduce the plaintiff’s financial recovery. Contacting skilled and compassionate Merced Bicycle accident attorneys as soon as possible after the crash can help maximize your financial compensation.
What Is the Average Settlement for a Bicycle Accident Claim?
The average settlement does not exist. Settlement amounts vary because each case is different from every other. The types of damages you can claim in your case might vary too. However, most serious bicycle accident cases involve compensation for:
- Medical bills,
- Future medical care,
- Property damage,
- Lost wages,
- Lost economic advantages,
- Catastrophic injury or amputation, and
- Pain and suffering.
The amount of money you could win depends on how much your medical bills were, how much time you spent out of work, and whether you have any lasting injuries.
Promoting Healing Through Compassionate Advocacy
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
Contact the Merced Bicycle Accident Attorneys from Silva Injury Law Today
When you contact our award-winning team at Silva Injury Law, we will treat you like family. We fight for our clients and obtain excellent results. You have only one chance to recover your losses from a bicycle accident. Contacting someone who has tremendous courtroom experience will give you the support you need to get the best result possible.
Our experienced legal team also handles other types of injury cases, including: