In Stockton, cyclists are vehicles with authority to use the roads like any other vehicle. They must follow all right-of-way laws, observe traffic signals, stop at stop signs, and follow all other traffic regulations, just like motor vehicle drivers.
However, even if cyclists follow all the rules, they may suffer injuries in an accident that results from another driver’s negligence. That driver might be rushing around, distracted, and might violate one or more traffic laws. When that happens, they may not observe a cyclist nearby and cause a crash.
Unlike motor vehicle drivers and passengers, bicyclists are at a significant disadvantage. Specifically, cyclists do not have a protective outer shell that surrounds them when an accident happens. Instead, a cyclist experiences direct exposure to the ground and their surrounding environment. Consequently, if the force of a collision knocks them off their bike, they are prone to striking the ground and suffering severe injuries.
As soon as possible after suffering injuries in a bicycle crash, you should speak with a Stockton bicycle accident attorney in your area for legal help. The experienced legal team at Silva Injury Law, Inc. can help you handle each part of your bicycle accident claim or lawsuit.
Our compassionate attorneys have the necessary skills and experience to negotiate with insurance company representatives on your behalf and pursue a fair settlement compensation in your case. In addition, if the insurance company will not offer you reasonable monetary damages for your bicycle accident injuries, we can file a lawsuit and litigate your case through the court system.
For a free case evaluation and legal consultation with an experienced Stockton bicycle accident lawyer, contact our firm.
If you ride a bike in San Joaquin County, chances are you might be one of the 165 cyclists in crashes each year, or someone you love might be one of the eight tragedies involving cyclists per.
If you or a person you care about sustained injuries in a recent bicycle crash, the skilled bicycle accident attorneys in Stockton at Silva Injury Law, Inc. can review the factual circumstances of your accident with you and determine if you are eligible to file a claim for monetary compensation. If you are, our legal team can start working on your claim right away and help you pursue the monetary damages you deserve.
In addition, if you lost a loved one in a bicycle accident, our team can evaluate your circumstances for a possible wrongful death claim or lawsuit. In a wrongful death claim, the claimant must show that their loved one died in a bicycle crash resulting from someone else’s negligence.
Close family members may be eligible to recover various damages, including compensation for:
Funeral and burial costs
Future lost wages
Pain and suffering that the accident victim experienced up until their death
Loss of the decedent’s comfort, companionship, and care
Common Injuries in Bicycle Crashes
With the exception of their helmets, bicyclists have minimal protection. However, when a forceful traffic collision knocks a cyclist off their bike, their helmet can still crack if it strikes the ground. In those circumstances, a cyclist may suffer a traumatic head or brain injury, such as a concussion. In the worst-case scenario, an injured cyclist who hits their head on the ground may wind up in a permanent coma or vegetative state.
In some instances, injured cyclists suffer only minor injuries, like abrasions, lacerations, or bruises.
However, at other times, they may suffer far more severe injuries, including:
Given the intense and life-threatening nature of these injuries, accident victims often need to go to an emergency room immediately after their accident. If they suffer a severe or permanent injury, they may need to receive ongoing medical treatment and physical therapy. In some situations, such as when a bicycle accident victim suffers a broken bone or fracture, they may need to undergo one or more surgeries.
While you focus your attention on making a full recovery from your injuries, the Stockton bicycle accident lawyers at Silva Injury Law, Inc. can begin advocating for you. Our team can start handling the legal aspects of your case by gathering your medical bills and treatment records, along with copies of police reports and witness statements, to show the insurance company after you complete your treatment.
If the insurance company accepts fault for your bicycle accident, you may be eligible to recover various types of monetary damages in your case via settlement or litigation.
Proving Liability for Your Bicycle Accident Case
If you suffered injuries in a bicycle accident, you, as the accident victim, are responsible for proving all the legal elements of your personal injury claim or lawsuit. The at-fault driver, on the other hand, does not need to prove anything in the case.
You must first show that the other driver owed you a duty of care. This element is usually easy to prove because vehicle operators, including cyclists, owe a duty to drive carefully and reasonably under the circumstances. They also must follow all traffic laws, including speed limits and right-of-way laws, while operating their vehicles.
In addition to establishing a duty of care on the other driver’s part, you must legally demonstrate that the other driver violated their duty of care and acted unreasonably under the circumstances. For example, the driver may have violated a traffic law, engaged in distracted driving, operated their vehicle while under the influence of alcohol or drugs, or engaged in some form of road rage.
Next, you must establish that the other driver’s breach of the duty of care proximately caused your accident, which in turn led to your physical injuries and property damage, if any. To recover monetary compensation from a bicycle accident claim or lawsuit, you must have suffered at least one bodily injury in your accident, and the accident must have been a cause of your injuries.
The experienced Stockton bicycle accident lawyers at Silva Injury Law, Inc. have the knowledge and skills necessary to help you prove the legal aspects of your claim or lawsuit.
First, we can collect various types of evidence and send them to the insurance company adjuster handling your claim, along with a formal settlement. Those documents may include photographs of the accident scene, police reports, pictures of your injuries, medical treatment records, medical bills, and eyewitness statements.
Without evidence to support your version of events—and to establish the nature and extent of your injuries—you will not do well in a courtroom. Therefore, the more evidence you have in support of your bicycle accident claim, the more likely your chances of recovering fair monetary compensation for your injuries.
Our experienced legal team will know the types of evidence to introduce in your case to maximize the monetary recovery you ultimately receive through settlement or litigation.
What Is the Average Bicycle Accident Settlement?
Settlement compensation in a bicycle accident claim or lawsuit varies in each case. The types and amounts of monetary recovery that an accident victim receives all depend upon the circumstances surrounding the accident, the nature and extent of your injuries, and the amount of available insurance coverage that the at-fault driver has in place.
Given all these factors, there is no such thing as an average settlement in a bicycle accident claim or lawsuit. In fact, settlements may range anywhere from thousands to hundreds of thousands of dollars.
However, you can be sure that the Stockton bicycle accident lawyers at Silva Injury Law, Inc. will do everything they can to maximize your monetary compensation and pursue the highest damage award available in your case.
Potential monetary compensation for a bicycle accident includes damages for your related medical expenses, including the cost of doctor visits, hospitalizations, surgical procedures, and physical therapy. If you had to miss time from work after your accident, you can claim lost wages.
Some accident victims must switch their entire careers due to the injuries they suffer in a bicycle accident. If that happens in your case, and you must take a pay cut, you may be eligible to bring a claim for loss of earning capacity.
In addition to these economic damages and out-of-pocket costs, you may be eligible to recover non-economic damages. These damages compensate accident victims for their inconvenience, mental distress, pain and suffering, loss of the ability to use a body part, such as with a spinal cord or paralysis injury, loss of life enjoyment, permanent disfigurement or disability, and loss of spousal companionship and support.
To increase your chances of recovering favorable monetary damage in your bicycle accident case, you should have legal representation from the beginning of your case until the very end. The knowledgeable legal team at Silva Injury Law, Inc. can assist you during settlement negotiations and negotiate with insurance company adjusters on your behalf.
If the insurance company disputes fault for your bicycle accident or otherwise fails to offer you the compensation you deserve, our formidable legal team can threaten the insurance company with litigation and, if necessary, take your case to a jury trial or binding arbitration hearing.
Steps to Take Before Filing a Bicycle Accident Lawsuit
The right bicycle accident attorney can assist you during every stage of your personal injury lawsuit. First, your lawyer can initiate a claim with the at-fault driver’s insurance company. As part of the claims-filing process, your lawyer may hire an accident reconstructionist to visit the scene of your bicycle accident, speak with witnesses, and draft a report stating how the accident occurred. During this time, you may also receive medical treatment for your accident-related injuries.
Once most of your medical treatment is complete, your lawyer can prepare a settlement demand letter and forward it to the insurance company handling your claim. The demand letter will usually make a monetary demand for settlement and will include copies of pertinent documents in your case, including your medical treatment records and bills, along with lost wage documentation from your employer. The insurance company will use this information to evaluate your claim and make an initial settlement offer to resolve your case.
Most of the time, these initial settlement offers are meager. Therefore, we can negotiate a better offer on your behalf by pointing out the strengths of your case. If you reach a favorable monetary settlement with the at-fault driver’s insurance company, your case will end, and it will not proceed to trial.
In some bicycle accident cases, the settlement and negotiation process may take one year or more, depending on their complexity. The time it takes to resolve a bicycle accident claim usually depends on the severity of the injuries involved, the complexity of the case itself, and the insurance company you are dealing with.
In some cases, especially if the insurance company is not being fair, you may need to file a lawsuit and litigate your case through the court system. In some instances, it is better to settle your case rather than face the time and expense of litigation. However, if you must litigate your case in court, your lawyer can file the lawsuit and begin the litigation process.
Our Stockton bicycle accident lawyers at Silva Injury Law, Inc. can help you decide whether you should resolve your bicycle accident claim via settlement or litigate your case in the court system to a favorable resolution.
Contact an Experienced Stockton Bicycle Accident Lawyer Today
If you or a person you love has suffered injuries in a recent Stockton bicycle accident, seeking legal help is one of the most important steps you can take in your case. At Silva Injury Law, Inc., our legal team can handle your case from beginning to end and pursue the highest available monetary compensation award in your case. Reach out to a Stockton personal injury lawyer.
For a free case evaluation and legal consultation with an experienced Stockton bicycle accident attorney, please call us at (209) 600-4389 or contact us online today.
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