Rocklin Bicycle Accident Lawyer
Bicycle accidents are a common occurrence in and around Rocklin and across the country. According to the Governors Highway Safety Association, bicycle accident fatalities increased by over 15 percent between 2010 and 2012. California had the highest total of bicycle accident deaths between 2010 and 2012 with approximately 338 bicyclists losing their lives.
Residents of Rocklin are not immune from these severe collisions. For example, a Rocklin bicyclist lost his life in an accident with a tractor while competing in a local event in 2015. Earlier this year, another Rocklin bicyclist was killed while riding along the Auburn-Folsom Road. As you can see, bicyclists in and around Rocklin are exposed to serious risks on our roadways.Significant Bodily Harm When a Bicyclist is Hit by a Motorist
In many car accidents involving bicycles, the cyclist is often severely injured while the driver of the larger vehicle usually walks away unscathed, or with only minor injuries. The reason for this should be obvious. Whereas drivers of cars cruise around in cars whose manufacturers often advertise extensive safety features, bicycles have no essential safety equipment aside from what the cyclist wears. This usually means the only form of protection for a bicyclist is a helmet. As a result, it is common for bicyclists to suffer the following types of injuries accidents with motorists:
- AmputationsFacial lacerations
- Bone fractures
- Low back injuries
- Neck and shoulder injuries
- Torn ligaments
- Traumatic brain injury or related head trauma
When a bicycle is hit by a motor vehicle on a Rocklin road or highway (e.g., I-80, Sunset Boulevard, Park Drive, etc.), it is often the result of a driver's negligence. There could be many reasons for this, such as failure to look before turning or changing lanes, sideswiping a cyclist in the road, or “dooring” a cyclist riding in a bike lane.
Financial Restitution After a Bicycle Accident
In many cases, cyclists will be able to bring a claim seeking financial restitution for their harms and losses against the responsible party or parties. Any lawsuit resulting from injuries sustained in a bicycling accident must be brought within two years from the date of the cycling accident. Valid suits are typically brought against the at-fault driver (with their insurance company as the primary source of financial recovery).
In bicycle accident cases, the theory of legal recovery is negligence. If a plaintiff is successful in a negligence lawsuit, the plaintiff is generally entitled to economic and non-economic damages designed to compensate him or her for any injury caused by the defendant’s negligence. The categories of damages that plaintiffs can recover are:
- Accrued and future medical bills (e.g., ambulance fees, surgery costs, and physical therapy).
- Lost wages and reasonable future salaries (if you are left permanently or partially disabled after the collision).
- Pain and suffering, which comprise the "non-economic" damages in a personal injury lawsuit. These damages typically include your mental anguish, stress, inconvenience, and diminution of the quality of your life after the wreck.
If the driver's conduct was particularly egregious or shocking, you could also attempt to pursue punitive damages. This is a special form of damages intended to punish a defendant for truly appalling conduct. Though, punitive damages are rarely awarded since there needs to be clear and convincing evidence of the defendant's egregious behavior.Do Not Let the Insurance Company Take Advantage of You
While it is possible to file a claim on your own without legal representation, it is generally not a wise decision. First and foremost, insurance companies and defense attorneys attempt to take advantage of claimants lacking quality legal representation. This is why it is so common for an insurance company representative to call you shortly after a collision. They want to try and get you to provide a recorded statement before you have had a chance to speak to an attorney. Second, studies have shown that clients who had legal counsel typically recovered a higher amount through settlement or jury verdict.
The video below provides some tips on how bicyclists can ride safely around cars.Bicycle Accident Lawyer in Rocklin
I’m Ed Smith, a Rocklin bicycle accident attorney. Have you or someone you love been injured in an accident? Please contact me right away at 916.921.6400 or 800.404.5400 for free and friendly advice no obligation. I can also be reached online at AutoAccident.com.
I have been serving the Rocklin and Greater California community since 1982, helping people injured in accidents and their families recover. See some of my valued client reviews on Avvo, Google, and Yelp.
Summaries of my past Verdicts and Settlements are posted online.
My advocacy has been recognized by the Million Dollar Forum. This group is reserved for injury lawyers with million-dollar settlements and verdicts.
:sid rey [cs 812]
Photos by depositphotos.com
Editor's Note: This page has been updated for accuracy and relevancy. [cha 11.6.18]