Modesto Bicycle Accident Lawyers

 Safety Campaigns and Road Improvements Have Done Little to Keep Bicyclists Safe

The Modesto area experienced over 700 bicycle crashes over the past five years. In that time, 21 bicyclists lost their lives. The number of bicycle fatalities in the Modesto area is the 11th highest in California. Unfortunately, despite awareness campaigns and safety measures to make life safer for cyclists, the problem is only getting worse.

Modesto has numerous programs to train bicyclists on proper riding safety measures. However, education initiatives to show drivers how to share the road with bicyclists need to catch up. While bicyclists must obey traffic signs and yield the right-of-way when required, they also have the right to be on the road. Cyclists are allowed to ride on the right-hand side of the same lane as a car, and they have a legal right to be there. When a bicyclist is in the bike lane, motorists must yield the right-of-way to them.

How Drivers Cause Injuries to Bicyclists

Here are some common examples of ways that drivers can injure bicyclists in accidents:

• Opening up the car door into the bike lane when the bicyclist is passing by, striking them and knocking them off their bike
• Not giving the required amount of space when passing a bicyclist on the road and hitting them.
• Following too close to a bicycle on the road and striking them from behind
• Making an illegal left-hand turn and striking the bicyclist in their lane or when they are crossing the road.
• Not checking blind spots when making a turn and cutting off a bicyclist or crashing into them.
• Striking a bicyclist when the driver is speeding or driving recklessly
• Hitting a bicyclist because the driver is distracted from looking at their phone and they do not see the bicyclist.
• Injuring a bicycle because the driver was impaired or under the influence
• Causing a bicyclist to fall off their bike because they cut them off

Of these causes, distracted and reckless driving are behind the recent spike in serious bicycle accident injuries. Since the invention of the smartphone, drivers have paid far less attention to being behind the wheel. The number of car and bicycle accidents caused by inattention and negligence has spiked. In addition, the pandemic caused an increase in reckless and poor driving habits when motorists got used to not having to share the road with as many people.

When others returned to the road, some drivers kept the same reckless practices. Statistics for every type of accident paint a picture of increasingly dangerous roads.

When a Driver Must Compensate You for Your Injuries

Regardless of the cause, the driver will have a legal obligation to pay you financial compensation when they were the one to blame for the accident. You will need to show that the driver was negligent in the accident.

In a bicycle accident case, proving negligence means meeting every element of a four-part test:

• The driver owed you the duty of care (motorists owe this duty to everyone around them on the road, including bicyclists)
• The driver breached the duty of care by acting unreasonably under the circumstances (the examples that we detailed above are negligence when you can prove that the driver committed one of those acts before the accident)
• You suffered an injury
• You will not have suffered an injury but for the driver’s negligent actions.

In a bicycle accident case, it is not as much what you know about your accident as it is what you can prove. Even though you were involved in the accident and suffered an injury, you will need to gather evidence showing what the other driver did to injure you. If this seems like a difficult task, you are not wrong.

Our Attorneys Work to Prove Your Case

When you hire an attorney with Silva Injury Law, we will get to work immediately to obtain the necessary proof before it goes away. You have a short time after an accident to locate witnesses and gather physical evidence.

We can handle this task, but you need to call us soon after the accident. We will speak with witnesses and begin to line up the case you will present when you file a claim or lawsuit. We must get to work soon after the accident because that is when the evidence is there to gather.

The other area where a lawyer is crucial when proving negligence is defending you and your actions. In many cases, insurance companies like to blame bicyclists for their own injuries. It is a way of trying to reduce their own legal obligations. Your attorney may also need to detail exactly what you were doing at the time of the accident and prove that as well.

Why Bicyclists Suffer Serious Injuries in Accidents

Bicycle accident injuries tend to be serious, even when a cyclist is wearing a helmet.

When a bicyclist gets struck by a car:

• The initial impact with the car will usually injure them
• They can get thrown from their bike onto the hard pavement
• The impact of the crash will cause them to fall on the hood of the car and possibly go through the windshield

A bicycle accident can cause:

• Fractures and broken bones
• Internal injuries and organ damage
• Head and neck injuries
• Traumatic brain injuries
• Soft tissue injuries
• Lacerations

Any bicycle accident injury can have significant financial and physical costs. Often, the injuries are serious enough to change your life forever.

What to Do After You Suffer a Bicycle Accident Injury

Any of these injuries can be serious. You may have received medical treatment at the scene of the accident. If you were not hospitalized, you should see a doctor in the days after an accident for a medical exam. You must get diagnosed and treated. Then, you must follow the doctor’s recommendations closely, attend all medical appointments, and regularly take your medication. This way, you can easily connect your injuries to the accident and show that you did everything possible to mitigate your injuries.

In addition, you should also contact an attorney right after the accident. If you cannot, you should have someone make the call on your behalf. The days after an accident are critical. Not only can evidence be lost permanently, but the driver’s insurance company may be aggressively targeting you in a pressure campaign, either wanting a statement on the record (which you do not have to give) or trying to coerce you into a quick and shockingly low settlement.

Without an attorney, your future legal right to financial compensation can be at risk. Insurance companies want to deal with you because they know they will win.

How the Legal Process Works in Your Bicycle Accident Case

Once you hire an attorney with the Silva Injury Law Firm, we will immediately begin to work on your case. We will investigate the cause of the accident and handle all the details of the legal process. We will advise you of the most effective way to get financial compensation and keep you informed of all the developments in the case.

Most often, you will start the legal process by trying to work with the driver’s auto insurance company to reach a settlement agreement. Assuming that you have the necessary proof, the driver has the legal obligation to pay you. The insurance company takes over their defense, attempting to negotiate a settlement on behalf of the driver, where the company pays your case.

The problem in bicycle accident cases is that insurance companies stretch their role from intermediaries to trying to act like a jury. On top of that, insurance companies try to penny-pinch in any way they can, trying to make money off you and your family. They have charged premiums for situations like this, yet they want to avoid paying you what you deserve.

Your Compensation in a Bicycle Accident Case

If you or a loved one have suffered an injury in a bicycle accident, you may recover:

• Economic damages that represent the direct costs of your injuries, such as medical costs and lost wages
• Non-economic damages that compensate you for the experience of the injury, including your pain and suffering and emotional distress

The insurance company does not get the final say about how much compensation you get in a settlement. They may make an offer, but you have the right to review it and decide whether to accept it in consultation with your attorney.

The best course of action is often to reject a settlement offer and demand the money you deserve. Your attorney will counteroffer until you get closer to a settlement agreement. If you cannot reach a settlement agreement, you can file a lawsuit against the responsible driver in court, and a jury will decide whether you are entitled to money and how much you can get.

Contact a Modesto Bicycle Accident Lawyer Today

Michael Joe Silva, Bicycle Injury Attorney

The Silva Injury Law Firm attorneys are the dedicated fighters you need when your financial future is at risk after a bicycle accident. We will vigorously represent you as you seek financial compensation for your injuries, keeping the insurance company from walking all over you when you file your claim. If your case goes to court, we have experienced litigators who know how to present your case to a jury. Reach out to a personal injury lawyer.

For your free initial consultation, you can email us or call us today at (209) 457-0738. We work for you on a contingency basis, and you do not owe us anything unless we recover compensation for you.

Testimonial

“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”-Vallerie Rosas

Silva Injury Law – Modesto Office

515 13th St Suite 203
Modesto, CA 953544