recent client success story

How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law

Turlock Bicycle Accident Lawyers

bike accident attorneys

It’s no surprise that California, with its sunny weather and picturesque beaches, has many avid bicyclists. Unfortunately, this also makes bicycle accidents more likely. According to the National Highway Traffic Safety Administration, California had the second-highest number of bicyclist fatalities in the U.S. in 2018. If you ever sustain an injury while riding your bike due to a negligent driver, the attorneys of Silva Injury Law are here for you. Contact us today.

Get A Free Case Consultation

Don`t settle for less than you deserve.

Common Bicycle Accident Injuries

Since cyclists have less protection than other vehicles on the road, they are more at risk of severe injuries. Unfortunately, many of these injuries result in permanent or life-altering issues. These injuries include things like:

  • Road rash,
  • Fractures,
  • Lacerations,
  • Amputations,
  • Organ damage,
  • Severe scarring,
  • Spinal cord injuries, and
  • Traumatic brain injuries.

At Silva Injury Law, we know how catastrophic these injuries are for victims and their loved ones. Our goal is to fight for your physical, emotional, and financial recovery every step of the way.

The Truth About the Average Settlement for Bike Accidents

While researching the claims process, you may come across sites that claim to know the average settlements for different accidents. While these seem trustworthy at first, they are somewhat misleading. One of the main reasons is that many case results are confidential. This means that most settlements aren’t included in the calculation. 

Another issue with determining an average is the range of settlement amounts. Some settlements may be as low as a few thousand dollars, while others are several million. These outliers skew the average significantly. 

Finally, no average accurately takes into account the specifics of an individual case. Thus, the only way to know the true value of your case is to speak with Turlock bicycle accident lawyers.

Things that Affect the Total Settlement Amount

Generally, there are three factors that significantly affect a settlement amount: the severity of injuries, negligence laws, and the defendant’s insurance policy. Here are some examples of how these factors play a role in bicycle accident claims.

In many situations, the severity of injuries has the most significant impact. While not every case has the same circumstances, those involving serious injuries generally have larger settlements. This is due to the amount of future medical costs associated with that injury as well as any non-economic damages like pain and suffering. 

The second factor, negligence laws, typically vary from state to state. California follows a pure comparative negligence law, which means that victims may recover damages even if they are 99% at fault for the accident. However, the court reduces their total award by their percentage of fault. For example, if a victim was 25% at fault for their injuries and had $100,000 in damages, they could only receive $75,000.

Finally, the amount of a settlement often depends on the insurance coverage of the defendant. While some drivers elect better coverage, most have the minimum liability insurance set forth by the state. In California, that is:

  • $15,000 for the injury/death of a single person,
  • $30,000 for the injury/death of more than one person, and
  • $5,000 for applicable property damage.

To understand how these factors affect your situation, we recommend reaching out to one of our Turlock bicycle accident lawyers.

Proving Negligence in a Bike Accident

In every bicycle accident case, proving negligence consists of four elements. To receive compensation, all four of these elements must be established using the evidence available. They are:

  • Duty of care—The defendant had a responsibility to operate their vehicle safely.
  • Breach of duty—Instead of being safe, the defendant violated their responsibility by engaging in unsafe conduct.
  • Causation—Your injuries are a direct result of the defendant’s breach of duty.
  • Damages—You sustained damages due to the defendant’s actions.

Proving all four of these elements is difficult without the proper evidence. For this reason, we suggest reaching out to an attorney if there is a question of liability in the accident.

  • Award Image
  • Award Image
  • Award Image
  • Award Image
  • Award Image
  • Award Image

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.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln

Our Turlock Bicycle Accident Attorneys Are Here to Assist You

At Silva Injury Law, we are concerned about one thing: getting you the best outcome possible, both physically and emotionally. We understand that bicycle accident injuries often come with lifelong complications. That’s why we always focus on clients’ recovery and wellbeing. If you or a loved one were injured in a bike accident, we’re here to compassionately advocate for you. To schedule a free consultation, send us a message or call us.

 

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