If you’ve been injured in a bicycle accident in San Diego, you need an experienced and knowledgeable attorney who can help get you the compensation you deserve. The Dominguez Firm is one of the premier personal injury law firms serving San Diego and has over 35 years of experience representing victims of bicycle accidents.
With a 96%* success rate and over $1 billion* recovered for clients, we have the experience to successfully handle your bike accident case. Whether it’s investigating fault or determining how much your claim may be worth, The Dominguez Firm will work tirelessly to help ensure that justice is served for you.
Call The Dominguez Firm today at (800) 818-1818 for your free case consultation.
What Are Some Common Causes of Bicycle Accidents In San Diego?
Bicycle accidents can lead to lasting physical, emotional, and financial injuries. Knowing the common causes of bicycle accidents in your area can help you to stay safe while biking.
One of the biggest threats to bicyclists in San Diego is distracted driving. Drivers who are texting, talking on their phones, eating and drinking, or fiddling with their radios need to pay attention to the road. As a result, they may not see a bicyclist until it is too late.
Inattentive Pedestrians and Bicyclists
Inattention is not limited to drivers. Pedestrians and bicyclists can also be guilty of distracted behavior while on the roads. Drivers, pedestrians, and cyclists alike must always remain aware of their surroundings. This means no headphones or cell phone use while walking or biking!
Poor Road Conditions
Poor road conditions can lead to severe accidents as well. Large potholes, road debris and uneven pavement can easily send a bicycle rider flying. Construction sites with poor signage also pose a danger to bike riders, pedestrians and drivers alike.
Aggressive, reckless driving is at an all time high. Drivers who speed down residential streets or ignore traffic signs put everyone around them at risk—including any bicyclists who may be nearby. When drivers don’t obey traffic laws or exercise caution behind the wheel, they put all others at risk for injury or death due to an accident caused by their negligence.
What Are Some Common Bike Accident Injuries In San Diego?
Head and Brain Injuries
Head and brain injuries are some of the most critical injuries resulting from a bicycle accident. Head and brain injuries can range from minor concussions to traumatic brain injuries (TBIs). If you experience any head or brain injury following an accident, it is crucial to seek medical attention immediately. The consequences of leaving this type of injury untreated could be severe.
Broken bones are another common bike accident injury. Broken bones can range from minor fractures to significant breaks that require surgery or other invasive treatments. If you experience broken bones due to your accident, you should seek medical attention immediately and follow your doctor’s instructions for recovery.
Soft Tissue Damage
Soft tissue damage is also typical after a bicycle accident. This damage usually affects muscles, ligaments, and tendons in the body, leading to pain and discomfort for weeks or even months after the incident has occurred. Soft tissue damage should not be taken lightly; if left untreated, it could lead to long-term health problems. It is essential to seek medical attention if you feel any lingering pain or soreness following an accident so that your doctor can determine whether soft tissue damage has occurred.
Investigating Fault in San Diego Bicycle Accidents
To determine fault in bicycle accidents, it’s essential to understand how California law applies and investigate the accident scene. Let’s explore this further.
How California Law Views Fault in Bicycle Accidents
California is a comparative negligence state with pure contributory negligence. This simply means both parties can share fault and that an injured party can still recover damages even if they were partially at fault for the accident. However, the amount of their recovery will be reduced by their percentage of fault, as determined by a jury or judge.
Investigating the Scene of the Accident
Determining fault begins with investigating what occurred before and during the accident. Your attorney will seek answers to these questions: Was either party distracted? Was either party speeding? Were there any environmental factors that played a role? Was either rider wearing a helmet? Were there any witnesses who saw what happened? Answering these questions can help clarify whether one or both parties were negligent leading up to the accident.
Once all the relevant information has been gathered, it’s time to determine liability based on both parties’ actions leading up to and during the accident. For example, if one party was texting while driving and failed to stop at a stop sign, they would likely be liable for causing the accident due to their negligence. On the other hand, if both parties were equally at fault for not following traffic laws, such as failing to yield, they would share responsibility for causing the accident.
How Do I Maximize My Bike Accident Compensation?
Most people have no experience with filing a personal injury claim. The legal process may seem intimidating. However, if you try to handle your San Diego bicycle injury case on your own, it could cost you dearly.
Insurance companies are not in the habit of handing out large settlement payments. They will do everything they can to pay you as little as possible and close your case out quickly, regardless of the extent of your injuries. With an experienced bicycle accident by your side, you can concentrate on feeling better while your attorney negotiates with the insurance company on your behalf. The insurance company will also handle your claim differently if you have an attorney representing you.
Here is what your San Diego personal injury lawyer can do for you:
1. Collect Evidence
A full service personal injury law firm will have its own team of in-house investigators ready to be at the scene of a bike accident at a moment’s notice. Collecting evidence as soon as possible after the accident has occurred is essential. This includes taking pictures of any injuries, the scene of the accident, and any property damage sustained. They will also obtain contact information from any witnesses or those involved in the accident.
2. Your Bike Accident Lawyer Will Make Sure Everything is Documented
Your attorney and their legal staff will keep track of all medical expenses related to the accident, such as doctor visits, prescriptions, hospital bills, and other treatments. They will also document missed time from work due to your bike accident injury, including lost wages and benefits. In addition, they will meet any filing deadlines for you as they arise.
3. They Will Know and Defend Your Rights
In California, bicyclists have certain rights that must be respected by motor vehicle drivers, including the right-of-way at intersections, regardless of whether there is a stop sign or signal. Our attorneys are up to date on the latest traffic laws regarding bicycles and will make sure your rights are protected at all times.
One very important note on this section: the best thing you can do to strengthen your San Diego bicycle accident injury case is to call our personal injury attorneys right away. The sooner you get The Dominguez Firm involved, the sooner we can get to work on getting you the maximum compensation you’re entitled to for your injuries. If you wait, vital evidence will certainly be lost, which will greatly harm your case.
What is the Value of My Bicycle Injury Claim?
The amount of compensation– damages in legal terms, you can recover for a bicycle accident depends on several factors, including the severity of your injuries and the cost of medical treatment required. In California, damages are broken down into economic and non-economic damages. Economic damages are meant to compensate you for the financial cost of your bike accident. For example, lost wages due to time off work for recovery or medical bills for treatment related to your injury.
Non-economic damages cover the emotional cost of your accident, such as pain and suffering or emotional distress. In California, there is no limit to the compensation you can receive for non-economic damages. For this reason, non-economic damages usually make up the bulk of a bike accident victim’s compensation.
Additionally, punitive damages may be available if the responsible party acted with malice or gross negligence. For instance, if someone hit and injured you with their vehicle during a fit of road rage. It’s important to note that each case is unique and will require its own analysis before determining what kind of compensation you may qualify for.
Legal Deadlines for Filing Your San Diego Bicycle Accident Claim
In California, victims have two years from the date of their accidents to file personal injury claims. If the accident involved a government entity, such as a postal truck, you would only have six months to file a claim. However, you should not wait weeks or months to hire an attorney. It’s crucial to seek legal help as soon as possible after your bicycle accident so that you don’t miss any deadlines that could affect your ability to collect compensation for your claim.
Let The Dominguez Firm Help Get You the Maximum Compensation
When you’ve been injured in a bicycle accident, it’s important you receive maximum compensation for your damages. The Dominguez Firm has decades of experience helping victims like yourself get the full and fair settlement they deserve. Our team will work diligently on your behalf to collect evidence, document expenses related to the injury, negotiate with the insurance companies, and help determine how much your claim may be worth. Don’t wait – contact us today at (800) 818-1818 so we can start fighting for justice on your behalf! All our consultations are FREE.
My experience was good. They made sure to kept me in the loop and made sure to let me know what was going on the whole time. My mom has used other attorneys and this experience was beyond better. I would definitely recommend them!
— Ashley Magana
The attorneys were always available and answered my questions. I would recommend them to anyone. Zoe is the best!
— Janet Salazar
My experience with The Dominguez Firm and the attorneys was really good. They were very informative and always returned my calls.
— Jocelyn Gonzalez