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November 10, 2024

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Bicycling is becoming increasingly popular in Glendale, CA, offering a healthy and eco-friendly way to navigate the city’s beautiful streets. With bike lanes expanding and more residents choosing to cycle for commuting and recreation, Glendale has seen a rise in bicycle traffic on its roads. However, this increase in cycling comes with a greater risk of accidents. Even with safety measures in place, cyclists are vulnerable to collisions and serious injuries when sharing the road with motor vehicles.

In Glendale, bicycle accidents can occur for a variety of reasons. Collisions with vehicles are among the most common, often happening when drivers fail to yield, make sudden turns without checking for cyclists, or open car doors into bike lanes (known as “dooring”). Hazardous road conditions, such as potholes or poorly marked bike lanes, can also lead to accidents, especially if a cyclist loses control trying to avoid these obstacles. Additionally, distracted driving poses a significant risk, as drivers using their phones or adjusting their navigation systems may not notice cyclists in time to avoid a collision.

Understanding Liability in Bicycle Accidents

Liability is a key factor in determining who is responsible for damages after a bicycle accident. Establishing fault often depends on proving that one or more parties acted negligently. In the context of a bicycle accident, negligence means that a person failed to exercise the level of care that a reasonable person would have under similar circumstances, leading to the injury of another. This negligence could involve a motorist, a cyclist, or even third parties such as property owners or local municipalities responsible for maintaining safe road conditions.

Negligence and Fault

When it comes to bicycle accidents, negligence is a crucial concept in assigning liability. To prove negligence, it must be shown that the at-fault party owed a duty of care, breached that duty, and that the breach directly caused the cyclist's injuries. For example, drivers have a duty to follow traffic laws and be mindful of all road users, including cyclists. If a driver violates this duty—such as by running a red light or failing to check their blind spots before turning—and this action results in a collision with a cyclist, they may be held liable for the accident.

Cyclists also have responsibilities to follow traffic laws, such as riding in designated bike lanes when available and obeying traffic signals. If a cyclist fails to adhere to these laws and this behavior contributes to an accident, they may share some of the liability. However, even when cyclists are partially at fault, they may still be able to recover compensation under California’s comparative fault rules.

Role of Comparative Fault in California

California follows a comparative fault system, meaning that fault for an accident can be shared between multiple parties, and compensation is adjusted based on each party’s degree of fault. Even if a cyclist is found to be partially at fault for an accident, they can still recover compensation. For instance, if a cyclist was riding outside of a designated bike lane but was struck by a driver who was texting and not paying attention, a court might determine that the cyclist was 20% at fault while the driver was 80% at fault.

In this scenario, the compensation awarded to the cyclist would be reduced by their percentage of fault. If the total damages were calculated to be $100,000, the cyclist would receive $80,000 after accounting for their 20% share of the responsibility. This system ensures that victims are not completely barred from recovery simply because they may have contributed in some way to the accident.

Legal Rights and Options for Compensation

Right to Seek Compensation for Damages

Cyclists who are injured due to another party’s negligence have the right to seek compensation for a variety of damages. This compensation is intended to cover the costs and losses associated with the accident, including:

  • Medical Expenses: This includes all costs related to treating injuries from the accident, such as emergency room visits, surgeries, hospital stays, rehabilitation, physical therapy, and any necessary long-term care or medication.
  • Lost Wages: If the injuries sustained in the accident prevent a cyclist from working, they may be entitled to compensation for lost wages. This can cover income lost during recovery, as well as future earnings if the injuries result in a reduced ability to work or require a change in employment.
  • Property Damage: Compensation can also cover repairs or replacement of the damaged bicycle and any other personal property, such as a helmet, phone, or other items that may have been damaged during the collision.

Pain and Suffering

In addition to economic damages, cyclists may also seek compensation for non-economic damages like pain and suffering. These damages are intended to address the more subjective effects of an accident, such as:

  • Physical Pain: This compensation acknowledges the physical pain and discomfort that a cyclist endures as a result of their injuries.
  • Emotional Distress: Being involved in a serious accident can be a traumatic experience, leading to anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress accounts for the mental and emotional impact of the accident.
  • Loss of Enjoyment of Life: In cases where injuries prevent a cyclist from enjoying activities they previously participated in, such as sports, hobbies, or family outings, compensation may be sought for this loss of enjoyment.

Uninsured or Underinsured Motorist Coverage

When the at-fault driver lacks sufficient insurance coverage or is uninsured, cyclists may find themselves wondering how they will cover their expenses. Fortunately, cyclists can often turn to their own uninsured/underinsured motorist (UM/UIM) coverage if they have auto insurance. This coverage can help pay for medical bills, lost wages, and other damages when the at-fault driver’s insurance is inadequate.

UM/UIM coverage is not limited to incidents involving vehicles, as it can also apply to bicycle accidents where a vehicle strikes a cyclist and the driver lacks proper insurance. This option can provide a crucial safety net for cyclists, ensuring that they have access to compensation even when the responsible party cannot pay for the damages.

Wrongful Death Claims

Tragically, some bicycle accidents result in fatal injuries. In such cases, the families of deceased cyclists may have the right to pursue a wrongful death claim. This type of claim seeks compensation for the losses that surviving family members suffer as a result of their loved one’s death. Damages in a wrongful death claim can include:

  • Funeral and burial expenses.
  • Loss of financial support that the deceased person would have provided to their family.
  • Loss of companionship and the emotional pain suffered by surviving family members.

A wrongful death claim serves as a way for families to hold the responsible party accountable for their actions while seeking the financial support needed to cope with the loss.

Navigating the Claims Process

Filing a Claim with the At-Fault Driver’s Insurance

The first step in seeking compensation after a bicycle accident is usually filing a claim with the at-fault driver’s insurance company. This process begins by notifying the insurer of the accident and providing accurate information about the incident. It’s crucial to include details such as:

  • The date, time, and location of the accident.
  • Descriptions of the injuries sustained and the initial medical treatment received.
  • Any police reports or incident reports that describe the circumstances of the crash.

When filing a claim, be sure to stick to the facts and avoid speculating about the accident. Providing accurate and consistent information helps prevent potential disputes over the details of the incident and ensures that your claim is processed as smoothly as possible.

Dealing with Insurance Adjusters

Once a claim is filed, you will likely have to communicate with insurance adjusters. These representatives work for the insurance company and are often tasked with minimizing the amount the company has to pay out. Here are some tips for dealing with insurance adjusters:

  • Avoid Admitting Fault: Even if you believe you may share some responsibility for the accident, do not admit fault. Determining fault is a complex process and should be left to legal and insurance professionals.
  • Be Careful with Recorded Statements: Adjusters may ask you to provide a recorded statement about the accident. It’s advisable to consult with an attorney before agreeing to this, as your words can be used against you to minimize your claim.
  • Do Not Accept the First Offer: Insurance companies may present a low initial settlement offer in hopes that you will accept it quickly. Before agreeing to any settlement, review the offer carefully and consult with an attorney to ensure that it covers all of your expenses and damages.

When to Consider Legal Action

In some cases, negotiations with the at-fault driver’s insurance company may not lead to a satisfactory outcome. It may be necessary to pursue a lawsuit under certain circumstances, such as:

  • The Insurance Company Denies the Claim: If the insurer denies your claim or disputes liability, taking legal action may be the only way to pursue the compensation you deserve.
  • Inadequate Settlement Offers: If the settlement offer from the insurance company does not adequately cover your medical expenses, lost wages, and other damages, filing a lawsuit may be a way to seek a more just outcome.
  • Serious or Permanent Injuries: When a bicycle accident results in life-altering injuries or a significant impact on your quality of life, the potential compensation may warrant a court case.

Importance of Documenting All Expenses

Throughout the claims process, it is vital to keep detailed records of all expenses related to the accident. These records help demonstrate the full financial impact of the incident and support your claim for compensation. Important documentation includes:

  • Medical Bills: Keep all bills and receipts from hospitals, doctors, therapists, and pharmacies.
  • Repair Receipts: Save receipts for any repairs or replacements needed for your bicycle and other damaged property.
  • Lost Wage Documentation: Obtain records from your employer that show the time you missed from work due to your injuries and any impact on your future earning potential.
  • Transportation Costs: If your injuries require frequent trips to medical appointments, keep track of mileage and other transportation costs.

Protect Your Rights After a Bicycle Accident

If you’ve been involved in a bicycle accident, remember that you don’t have to face the challenges alone. Seeking professional legal support can make a significant difference in navigating the claims process, handling insurance companies, and pursuing the compensation you deserve. An experienced attorney can advocate on your behalf and help you focus on what matters most—your recovery.

If you or a loved one has been injured in a bicycle accident in Glendale, CA, contact the Law Offices of Tim D. Wright for a free consultation. Our dedicated team is here to provide the guidance and support you need to pursue justice. Reach out today to start your path toward recovery and fair compensation.

Contact the Law Offices of Tim D. Wright

Personal Injury
Address: 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
Phone: (323) 379-9995
Email: firm@timwrightlaw.com

Website: timwrightlaw.com