Madera Bicycle Accident Lawyer
- All medical expenses, including hospital costs, rehabilitation, ambulance fees, and even out-of-pocket expenditures
- Lost wages, lost earning capacity and future wages if the injured person cannot return to work
- Physical trauma such as injuries, permanent disabilities, amputation, scarring, and disfigurement
- Personal losses such as the loss of companionship, love, and consortium
- Damage to relationships with the spouse and children and the ability to enjoy life
- Emotional and psychological trauma such as anxiety, depression and other signs of post-traumatic stress disorder
Those who ride bikes in Madera do it to enjoy the fresh air and scenery, get exercise, and take advantage of a convenient form of transportation. However, when motorists do not yield the right of way to a bicycle rider or are acting negligently, it can lead to a severe accident. According to California Healthline, the three years between 2016 and 2018 showed the highest number of fatal bicycle collisions since the 1990s.
Because of their vulnerability when involved in a motor vehicle crash, bicycle riders often suffer severe injuries. Some of the following are the most common:
- Fractures: Bicycle riders often suffer broken legs, arms, hips, hands, and facial fractures. They require treatment in an emergency room, and some need reconstructive surgery. Substantial medical costs lost time at work, and pain and suffering can result. With the help of an experienced Madera bicycle accident attorney, the injured person may recover compensation for these losses.
- Traumatic brain injuries: Even when a cyclist is wearing a helmet, damage to the head can occur if the impact is bad enough. A concussion, which is a milder type of TBI, can cause the injured person problems for weeks or months. Severe TBIs can include brain penetration of an object, hemorrhage, or other serious issues that can cause physical or cognitive disabilities that are long-lasting or permanent.
- Abdominal or chest trauma: Abdominal trauma can lead to organ damage or internal bleeding, which is an emergency situation that requires surgical repair. Chest trauma can include a crush injury or damage to the ribs, heart, or lungs.
- Spinal cord damage: Spinal cord and back injuries can include damage to the nerves, ligaments, discs, or vertebrae and cause long-term damage such as numbness, muscle weakness, or continual pain. If the spinal cord is severely damaged or severed, it results in paralysis below the injury site.
When a motorist is negligent, accidents happen that can injure a bicycle rider. When both driver and rider are obeying the rules of the road, it lessens the risk of injuries or fatalities. Some of the following types of negligence are the most common causes:
- Drunk or drugged drivers
- Failure to use turn signals
- Distracted drivers, who are texting, reaching for something or changing a radio station
- Failing to yield
- Speeding, running a red light or stop sign and violating other laws
- Not checking the driver’s mirrors for a bicyclist before making a turn
- Government negligence such as uneven pavement, potholes, and non-functioning traffic lights
- Dooring accidents caused by a parked motorist or passenger not checking before opening a car door
- Following too closely, which violates California’s three-foot distance law
The video below provides some bike safety tips for sharing the road with motorists.Recovery of Damages
Following an accident injury that was caused by another’s negligence, the bicyclist can place a claim for the following damages:
- All medical costs associated with the accident, including ambulance service, hospital bills, surgeries, specialists, tests, and rehabilitative care, are covered.
- Future medical bills are covered if the injury is ongoing or expected to continue into the future.
- Lost wages from the inability to work, which includes any bonuses are included. If the person cannot go back to the same job or will be given lower pay, that is covered too. Self-employed persons may also recover these damages.
- Pain and suffering is recoverable. It includes a monetary amount placed on the value of activity restrictions, emotional and psychological damage, loss of consortium, embarrassment, depression, and so forth. Some individuals suffer from post-traumatic stress disorder as a result of an accident. To recover damages for PTSD, the injured individual must be under the care of a professional and symptoms documented.
Evidence is used to support a claim for a bicycle accident injury. An experienced bicycle accident lawyer in Madera can do just that, and my office has handled many collisions of this type over the 38 years that I’ve been in practice. We send out our investigators to the crash site right away to collect evidence that includes the following:
- Investigators look over the police report for errors and interview any witnesses.
- Accident reconstruction is an essential part of an investigation because it shows the positioning before, during, and after the crash. It can also turn up evidence of negligence on the part of the driver, including speeding or other traffic infractions.
- Investigators look for surveillance cameras from businesses and traffic lights for real-time capture of the bicycle crash.
- They check for poor road design or lack of maintenance, which can mean that the government entity in charge might be held liable.
Our lawyers begin working with the evidence once it has been gathered to build a case that supports our client’s claim for compensation. It can be used in insurance company negotiations or preparing a case for court.Madera Bicycle Accident Lawyer
I’m Ed Smith, a Madera bicycle accident lawyer. When negligence caused your bicycle collision injuries, I am here to offer you my free and friendly advice. Contact me at (559) 377-7676 or (800) 404-5400 or by completing the form online.
Find cases handled by my law firm in the past and client reviews at the links below:
Image by 272447 from Pixabay
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