A Closer Look at Bicycle Collisions

Some key infrastructure changes, like set-apart designated bicycle lanes, could all but eliminate bicycle crash fatalities. But largely due to bikelash, many cities hesitate to make these changes. Vehicle operators generally do not want to share the road with bicyclists. Therefore, for the foreseeable future, bicyclists will be at risk for the serious collision injuries discussed below.

Because of these serious injuries, a Los Angeles personal injury attorney can usually obtain substantial compensation for these crash victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Bicycle Crash Injuries

The number of bicyclists has increased significantly, especially in places like SoCal where the weather is mild almost year-round. So, one would think that motorists would keep a more watchful eye out for bicycle riders. But for the most part, that hasn’t happened. When a 4,000-plus pound vehicle strikes a 20-something pound bicycle, the riders often sustain injuries like:

• Head Injuries: Thin bicycle helmets usually protect riders from accidental fall injuries. But they offer little protection in a collision. Furthermore, the violent motion of a car wreck, as opposed to a trauma impact, often causes brain damage. When riders fall off their bikes and land hard, their brains smash against the insides of their skulls.
• Nerve Injuries: These wounds are also fall-related. When people tumble, they naturally extend their arms to break their falls. As a result, when they land, they often snap the nerves in the brachial plexus area. Like head injuries, these nerve injuries are normally permanent.
• Broken Bones: Although they are generally not life-threatening, these injuries are usually permanent as well, at least to an extent. Broken hip, knee, elbow, and other bones often never entirely heal. These victims usually experience some permanent loss of function, even after they complete a prescribed physical therapy regimen.

The medical bills associated with injuries like these are often staggering. To ease the financial pressure victims fee, most lawyers convince most doctors to defer billing, or at least collection, until the case is resolved.

Liability Issues in Bicycle Accident Claims

Bicycle accident claims usually involve the ordinary negligence doctrine or the negligence per se rule.

Ordinary Negligence

Ordinary negligence refers to the failure to exercise reasonable care. Motorists are expected to drive defensively and avoid accidents whenever possible. Bicycle accident victims must prove negligence by a preponderance of the evidence, meaning it is more likely than not that the driver was at fault. Evidence such as witness statements, medical records, and police reports often play a critical role, though not all evidence is equally reliable. For example, police reports may lack balance if the victim cannot provide their account.

Negligence Per Se

Negligence per se applies when a safety law is violated, such as California’s three-foot bicycle safety law. Drivers are required to maintain a three-foot cushion around cyclists. If breaking this law leads to an accident, the driver may be liable for damages by law. Even in negligence per se cases, presenting strong evidence can significantly increase compensation, as it influences settlement value and jury awards.

The Role of Evidence in Claims

The strength of the evidence presented directly impacts the compensation in a bicycle accident case. While proving liability under negligence per se may not require extensive evidence, additional proof often raises the settlement value. Evidence like medical records, photos, and expert testimony can paint a clearer picture of the damages suffered.

Comparative Fault and Its Impact

Comparative fault can reduce the compensation awarded to victims. For example, in the historic Davies v. Mann case, both the plaintiff and the defendant were found partially at fault for the incident. This principle means that if a cyclist shares some responsibility for the accident, their compensation might be proportionately reduced.

Settlement Value in Bicycle Accident Cases

Settlement value generally includes economic losses, such as medical bills and lost wages, as well as noneconomic losses like pain and suffering. Serious injuries in bicycle accidents often drive higher settlement values, which serve as the starting point for negotiations with insurance companies.

Contact the Law Offices of Eslamboly Hakim

If you’ve been involved in a bicycle accident, it’s essential to seek legal assistance. For a free consultation with an experienced personal injury attorney in Los Angeles, contact the Law Offices of Eslamboly Hakim. They handle cases across California and are dedicated to securing the compensation you deserve.

Photo Credit: Ian Valerio on Unsplash