BICYCLE ACCIDENT LAWYER
SAN DIEGO, CALIFORNIA
Our award-winning bicycle accident attorneys in San Diego, CA, will win your personal injury or wrongful death case, or you don't pay. Bike collisions are the cause of devastating injuries to thousands of cyclists each year, and our law firm can help victims manage the expenses associated with long-term medical care and funeral arrangements as a result of a catastrophic or life-ending injury. If you or a loved one were injured in a bicycle accident, our experienced bike accident lawyers can help.
SAN DIEGO BICYCLE ACCIDENT LAWYER
A bike accident can be devastating and will require the legal skill of an experienced San Diego bicycle accident lawyer. Gingery Hammer & Schneiderman LLP is dedicated to protecting our clients’ rights. If you or a family member fell victim to someone else’s negligence in a bicycle accident, we can file a personal injury or wrongful death claim on your behalf.
Insurance adjusters often try to take advantage of victims by encouraging them to agree to a settlement. It is important to remember that insurance adjusters are not on your side. Their job is not to protect you, but to save the big insurance companies as much time and money as possible. Be aware and cautious of their tactics as they do not have your best interests in mind.
When to Hire a San Diego Bicycle Accident Lawyer
Bicycling is popular for recreation and transportation in San Diego, thanks to the city’s beautiful weather and scenic routes. However, despite efforts to improve safety, bicycle accidents still occur, resulting in serious injuries or disputes that require legal intervention. In fact, according to the Transportation Injury Mapping System, 2,173 people were injured in bicycle accidents in San Diego from 2017 to 2022.
Understanding when and why to hire a San Diego bicycle accident lawyer can be necessary in such cases. This post will guide you through the scenarios that necessitate professional legal assistance and the benefits of hiring a specialized bicycle accident lawyer in San Diego.
Bicycle Accident Laws in San Diego
San Diego, like many urban areas, has specific laws designed to protect bicyclists and ensure their safe coexistence with motorized traffic. Familiarity with these laws is essential for any cyclist, especially in the event of an accident:
1. Right of Way
Bicyclists in San Diego are afforded the same rights and responsibilities as motor vehicle drivers, which includes obeying all traffic signals and signs.
2. Helmet Laws
While California law requires all bicyclists under the age of 18 to wear helmets, adults are encouraged to wear them for added safety.
3. Lane Positioning
Cyclists are required to ride in the right-hand lane or a designated bike lane when available, except when making a left turn, avoiding hazardous conditions, or passing.
4. Safe Passing Laws
Motorists must maintain a safe distance of at least three feet when overtaking a bicyclist. If it’s not safe to pass, the driver must slow down and follow the bicyclist.
Violations of these laws can significantly impact the outcome of legal proceedings following an accident. Understanding these rules can help determine fault and liability in accident cases.
Signs You Need to Hire a San Diego Bicycle Accident Lawyer
Recognizing when to seek legal help can make a significant difference in recovering from a bicycle accident. Here are some signs that you should consider hiring the bicycle accident lawyer San Diego relies on:
Serious Bicycle Accident Injuries
If you or a loved one has sustained injuries that require medical treatment like a traumatic brain injury, it’s imperative to consult with a bicycle injury lawyer. Your lawyer can evaluate liability and insurance coverage and address concerns about medical costs, both current and future being covered.
Disputed Fault
If there is any dispute over who is at fault in the accident, a bicycle injury lawyer can help you gather and present evidence to support your case.
Complex Legal Issues
Accidents involving multiple parties, complicated accident scenes, or ambiguous insurance policies often require legal expertise to resolve.
Insurance Negotiations
Handling insurance claims can sometimes be stressful, especially if the insurance company denies your claim or offers a settlement that doesn’t cover all your losses. A lawyer can negotiate on your behalf to ensure fair compensation.
Statute of Limitations
Legal claims related to bicycle accidents are subject to a statute of limitations, which in California is generally two years from the date of the accident. A bike injury lawyer can help you file a lawsuit within this timeframe, if necessary.
How a San Diego Bicycle Accident Lawyer Can Help
Hiring the bicycle accident lawyer San Diego relies on can significantly improve the outcomes of your case, especially if you’re dealing with complex legal issues or serious injuries.
Here’s how a lawyer can assist you:
Expertise in San Diego Laws
San Diego has specific traffic laws that pertain to bicyclists, and a specialized lawyer will have a deep understanding of these regulations and how they impact your case. The expertise of a San Diego bicycle accident lawyer is imperative for building a strong argument that supports your rights as a cyclist.
Insurance Negotiations
Most bicycle accident cases involve negotiating with insurance companies. These companies often aim to settle claims quickly and for as little as possible. A seasoned bicycle accident lawyer can handle these negotiations on your behalf, ensuring that you receive the maximum compensation possible.
Court Representation
If your case goes to court, having a lawyer who is experienced in trial advocacy can make a significant difference. They will present your case, challenge evidence, and argue on your behalf, all while navigating the complexities of the legal system.
Investigative Resources
Lawyers have access to resources such as accident reconstruction experts and medical professionals who can help strengthen your case. This is particularly important in accidents where fault is disputed or injuries are severe.
What to Look for in a San Diego Bicycle Accident Lawyer
Choosing the right lawyer is imperative to the success of your case. When looking for a San Diego bicycle accident lawyer, consider the following factors:
Bicycle Accident Specialization
Make sure that the lawyer specializes in bicycle accidents or personal injury. This specialization means they are likely to be up-to-date on relevant laws and have experience with similar cases in San Diego, CA.
Experience in San Diego
A lawyer who has practiced in San Diego will be familiar with the local courts and legal environment. This local experience can be beneficial for navigating the specifics of your case and dealing with local entities.
Success Rate
Look into the lawyer’s track record. A lawyer with a history of successful settlements or verdicts in bicycle accident cases is likely to know what it takes to win a favorable outcome.
Client Reviews
Testimonials from past clients can provide insight into the lawyer’s practice. Positive reviews often indicate that the lawyer is reliable and effective at handling bicycle accident cases in San Diego, CA.
Communication
Choose a lawyer who communicates clearly and regularly. Keeping you informed about your case’s progress and being responsive to your questions is imperative for a good client-lawyer relationship.
The Right Time to Contact a Bicycle Accident Lawyer in San Diego
Knowing when to contact a San Diego bicycle accident lawyer can significantly influence the outcome of your case. Here are key moments when you should consider getting legal representation:
Immediately After the Bicycle Accident
Contact a lawyer as soon as possible after the accident. A lawyer can guide you on how to proceed, helping to ensure that you do not inadvertently weaken your case. Early involvement of a lawyer helps in preserving evidence and witness testimonies, which are imperative in building a strong case.
Before Dealing with Insurance Companies
It’s advisable to consult a lawyer before you speak to any insurance representatives or sign any documents. Insurance companies can use your statements against you to minimize your compensation. A lawyer will protect your interests and handle all communications with insurers on your behalf.
If Facing Delays or Denials
If your insurance claim is delayed, disputed, or denied, a lawyer can help you understand your rights and the next steps to take. They can also intervene legally to expedite the process and challenge unfair treatment.
BIKE ACCIDENT LAWYER IN SAN DIEGO, CALIFORNIA
Bike accidents often cause catastrophic injuries that can result in death. The most common injuries that bicyclists who have been victims of a bicycle crash suffer are brain injuries, broken bones, back injuries, burns, disfigurement, head trauma, loss of limbs, neck injury, and spinal injury. Surviving victims of bike crashes often require continued medical care and rehabilitation for the remaining years of their lives.
As San Diego bicycle accident lawyers, our primary goal is always to obtain the maximum monetary compensation that our client’s claim demands. Contact Gingery Hammer & Schneiderman LLP today to get started with safeguarding your or a loved one’s future. We will aggressively fight to win a recovery during a civil trial or to reach a settlement on your behalf.
Get Your Free Case Evaluation Now
A skilled San Diego bicycle accident lawyer can provide invaluable expertise in local cycling laws, handle negotiations with insurance companies, represent you in court, and leverage investigative resources to build a strong case on your behalf.
The sooner you involve a lawyer, the better they can protect your interests. Don’t hesitate to contact a San Diego bicycle accident lawyer immediately after an accident, before dealing with insurance companies, or if you’re facing delays or denials in your claim.
Frequently Asked Questions
What should I do immediately after a bicycle accident in San Diego?
After ensuring your safety and seeking medical attention, collect the driver's information, take photos of the scene and your injuries, and report the accident to the police. Contact a bicycle accident lawyer as soon as possible to protect your rights and discuss your legal options.
How long do I have to file a bicycle accident claim in San Diego?
In California, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the accident date. However, it's imperative to consult with an experienced San Diego bicycle accident attorney promptly, as some exceptions may apply.
What compensation can I receive after a bicycle accident in San Diego?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other accident-related costs. The specific amounts depend on the case details and the severity of your injuries.
Do I need a lawyer if the insurance company offers me a settlement?
It's advisable to consult with a bicycle accident lawyer before accepting any settlement offer. Insurance companies often try to settle for the lowest amount possible, and a lawyer can help you determine if the offer is fair and negotiate for a higher settlement if necessary.
What if the driver who hit me was uninsured or underinsured?
If the at-fault driver was uninsured or underinsured, you might be able to seek compensation through your own uninsured/underinsured motorist coverage. A San Diego bicycle accident attorney can guide you through this process.
How much does it cost to hire a bicycle accident lawyer in San Diego?
Many bicycle accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Typically, they receive a percentage of the settlement or award, so you do not have to pay upfront costs.
What if I was partially at fault for the bicycle accident?
California follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. A lawyer can help you determine your role in the accident and fight for the maximum compensation possible.
How long will it take to resolve my bicycle accident case?
The duration of a bicycle accident case varies depending on factors such as the complexity of the case, the severity of your injuries, and the willingness of the insurance company to settle. Some cases may resolve in a few months, while others could take a year or more.
What evidence do I need to support my bicycle accident claim?
Valuable evidence includes the police report, witness statements, photos of the accident scene and your injuries, medical records, and bills related to your accident. A San Diego bicycle accident attorney can help you gather and preserve this evidence.
What if I was hit by a car while riding my bicycle on the sidewalk?
In San Diego, bicyclists are generally allowed to ride on the sidewalk, except in business districts. If you were hit by a car while riding on the sidewalk, you might still have a case, depending on the circumstances. A lawyer can help you determine your legal options.
Can I sue the city of San Diego if my bicycle accident was caused by a pothole or other road hazard?
If your accident was caused by a road hazard, you might have a claim against the city or the party responsible for maintaining the road. However, there are strict notice requirements and deadlines for filing claims against government entities, so it's essential to consult with a lawyer as soon as possible.
What if the driver who hit me was working at the time of the accident?
If the driver was on the job when the accident occurred, you might have a claim against their employer under the doctrine of vicarious liability. A San Diego bike injury attorney can help you identify all potentially liable parties.
Can I recover damages if I wasn't wearing a helmet during my bicycle accident?
While wearing a helmet is always recommended for safety, not wearing one doesn't necessarily bar you from recovering damages. However, the defense may argue that your injuries would have been less severe had you been wearing a helmet, which could impact your compensation.
What if my bicycle accident injuries prevent me from returning to work?
If your injuries result in a temporary or permanent inability to work, you may be entitled to compensation for lost wages, reduced earning capacity, and vocational rehabilitation. A lawyer can help you calculate these damages and fight for fair compensation.
How can a San Diego bicycle accident attorney help me?
A bicycle accident lawyer can investigate your case, gather evidence, identify liable parties, negotiate with insurance companies, and represent you in court if necessary. They can also help you understand your rights and make informed decisions about your case.
What if I was hit by a hit-and-run driver while riding my bicycle?
If you were the victim of a hit-and-run, report the accident to the police and your insurance company. You may be able to seek compensation through your own uninsured motorist coverage. A bike injury lawyer can help you explore your options and guide you through the process.
Can I still receive compensation if I wasn't crossing the street at a designated crosswalk when I was hit?
While it's always safer to cross at designated crosswalks, you may still have a case if you were hit while crossing elsewhere. California law requires drivers to yield to pedestrians and bicyclists in most situations. A lawyer can help you determine if the driver was at fault.
What if my child was injured in a bicycle accident in San Diego?
If your child was injured in a bicycle accident, you could pursue a claim on their behalf. Children may also have an extended statute of limitations, giving them more time to file a claim once they reach adulthood. A bicycle accident lawyer can help you understand the specific laws and deadlines that apply to your child's case.
What should I look for when hiring a bicycle accident lawyer in San Diego?
The best personal injury lawyer in San Diego will have experience handling bicycle accident cases, a track record of success, and a deep understanding of San Diego's local laws and court systems. You should also choose a lawyer who communicates well, is responsive to your needs, and makes you feel comfortable and confident in their ability to represent you.
Can I afford to hire a bicycle accident attorney in San Diego?
Most San Diego bicycle accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This arrangement allows you to access quality legal representation without upfront costs. Be sure to discuss the fee structure with any lawyer you consider hiring.
COMMON CAUSES OF BIKE ACCIDENTS IN SAN DIEGO
Bike accidents are often caused by driver negligence, recklessness, and wrongdoing. Bicycle accidents commonly involve the following:
Gingery Hammer & Schneiderman LLP provides sound legal advice, guidance, resources, and representation to victims of bicycle accidents throughout San Diego, California.
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