Modesto Bicycle Accident Lawyers

Common Bicycle Accident Injuries

Injuries in a bicycle accident can be catastrophic. Bicyclists don’t have any safety protections like vehicle occupants, and this can lead them to suffer serious injuries. It’s not uncommon for a vehicle driver to escape unscathed while the bicyclist has catastrophic injuries. Some of the most common injuries we see include:

• Spinal cord injuries,
• Paralysis,
• Traumatic brain injuries,
• Fractured or broken bones,
• Skull fracture,
• Road rash and lacerations,
• Internal organ damage,
• Disfigurement and scarring, and
• Lower extremity injuries.

Bicycle riders may need additional medical treatment in the future or even round-the-clock assistance in cases involving permanent injuries. Having a skilled lawyer representing you is crucial. You need a legal advocate who knows how to build a solid case and demand compensation for your future expected treatment.

Proving Negligence in a Modesto Bicycle Accident Claim

Proving negligence against the other driver is crucial. You might assume that because you are the bicyclist, the accident can’t be your fault. However, bicyclists can also be guilty of causing a collision. To successfully prove liability in a Modesto bicycle accident, you must show evidence of the following:

• The driver owed you some duty of care;
• The driver breached their duty;
• That breach in duty resulted in your injuries; and
• You suffered losses, such as medical expenses or lost wages.

California allows you to collect some of your damages, even if you are partially at fault. That is because California is a pure comparative negligence state. For example, if you are 15% at fault, you would still receive 85% of your damages.  

What Is the Average Settlement for Modesto Bicycle Accidents?

Understandably, prospective clients want to know how much they might receive in a bicycle claim. However, there’s no average settlement amount or range we can share with you. The reason is that every case is different. Even two similar bicycle accidents could resolve for vastly different amounts.

Individual factors will impact your potential settlement value. The most important ones include the following.

Injury Severity

The type and severity of your injuries will impact your potential case value. Someone who sustains permanent injuries would likely have a higher settlement value than someone with soft tissue injuries that healed on their own.

Liability

Liability also plays a crucial role in determining your case value. With California’s pure comparative negligence statute, your own percentage of fault could drastically reduce your case value. Imagine two similar bicycle accidents where each plaintiff has $100,000 in damages. In one case, the bicycle rider was 10% at fault (they receive $90,000), while in the second one, they were 80% at fault (they receive $20,000). That’s a difference of $70,000.  

Damages

The total amount of your damages also matters when determining case value. Someone with severe injuries likely has significantly more losses. Medical expenses, lost wages, pain, and suffering, and loss of consortium are just a few damages that we calculate.

Amount of Coverage

You could have $100,000 in damages, but your compensation might be limited if the responsible party carries low liability limits on their auto policy. The only option for pursuing additional money may be to sue the driver directly. Unfortunately, most drivers carrying low liability limits on their insurance policy do not have any assets that would pay for a court settlement.  

Contact Our Modesto Bicycle Accident Attorneys

If you need assistance following a Modesto bike accident, Silva Injury Law is here to help. Attorney Michael Joe Silva previously worked at the prosecutor’s office, so he understands how to build a solid personal injury case.

We strongly believe in treating every client like family. We won’t treat you like another case file in our system. We aren’t looking to resolve your case and move on to the next quickly. If we need to take your case to trial to hold the responsible party accountable, we will. Contact our office today to schedule a consultation and learn more about how we can help.

Our experienced legal team also handles other types of injury cases, including:

• • Sexual Abuse
  • Trip and Fall
  • Trucking Accident
  • Wrongful Death Claim
  • Auto Vehicle Accident
  • Dog Attack
  • Motorcycle Accident
  • Pedestrian Accident
  • Drunk Driving Accident
  • Distracted Driving Accident
  • Nursing Home Abuse