San Diego Bicycle Accident Lawyer
Our attorneys help people get the financial compensation they need after being injured in bicycle accidents. We know how to fully assess the cost of these injuries, as well as determine who is liable and how to obtain compensation through insurance and personal injury lawsuits.
From our decades of experience, we understand how difficult it can seem for victims of bicycle accidents to get the financial compensation they need for medical bills, lost income, rehabilitation and more. Let our team assess the full value of your case and help you get the compensation you deserve. Before you accept an insurance company’s initial settlement offer, talk to us. We have a long record of success with tens of millions of dollars recovered for our clients. We want to help you, too.
Common Causes Of Bicycle Accidents In San Diego
San Diego’s year-round pleasant climate makes it ideal for cycling, but unfortunately, this also leads to numerous bicycle accidents annually. Understanding the causes of these accidents can help with prevention and establishing liability in injury claims:
- Distracted driving: Motorists using phones or devices are failing to notice cyclists
- Dooring incidents: Vehicle occupants opening doors without checking for cyclists
- Failure to yield: Drivers not giving cyclists the proper right-of-way at intersections
- Unsafe lane changes: Failure to signal or check blind spots before changing lanes
- San Diego-specific hazards: Steep hills, heavy tourist traffic and construction zones
We offer extensive experience identifying these factors in San Diego bicycle accident cases. By thoroughly investigating the cause, we build strong cases that maximize compensation for our clients.
Statute Of Limitations For Bicycle Accident Claims
California law imposes strict deadlines for filing bicycle accident claims. The statute of limitations for most bicycle accident-related personal injury claims is two years from the date of the incident. This means injured cyclists must file their lawsuit within this time frame or forfeit their right to seek compensation through the court system.
However, important exceptions exist. If the accident involved a government entity – such as a collision caused by a city bus or poor road maintenance by a municipal agency – the claim filing deadline shortens significantly to just six months. Additionally, if an injured cyclist was a minor at the time of the accident, the statute of limitations may be extended.
Missing these deadlines can permanently eliminate your right to compensation. Our San Diego bicycle accident attorneys can help ensure all paperwork is filed correctly and within the required time limits.
Hit-And-Run Bicycle Accidents
Hit-and-run accidents involving cyclists are particularly distressing situations that occur with alarming frequency in San Diego. When drivers flee the scene after striking a cyclist, victims face additional challenges in securing compensation. However, options still exist:
- Uninsured motorist coverage: May extend to cyclists hit by unidentified drivers
- California victim compensation program: Provides limited assistance for medical expenses
- Investigation services: Our investigators help track down hit-and-run drivers
Even without identifying the driver, we can help explore all possible avenues for compensation. Do not assume you have no recourse after a hit-and-run bicycle accident in San Diego. Our attorneys have helped numerous victims in similar situations recover the funds needed for their recovery.
For a free case evaluation, please call Padilla Law Group at 760-536-4415 or complete our contact form. Our office is in Encinitas, and we proudly represent bicycle accident victims throughout San Diego and Imperial counties. We do not get paid unless we win for you, so there is no risk at all in contacting us for a free case evaluation.
What To Do And What To Avoid After A Bicycle Accident
Right after a bike accident, injured riders are likely discombobulated, disoriented, and just generally shaken up. Here are some do’s and don’ts to keep in mind when you’ve had an accident.
- Do seek medical attention for injuries.
- Do obtain contact and insurance information from the driver of the vehicle that hit you.
- Do get contact information from any witnesses to the accident. The witnesses can help give their view of what happened in the accident.
- Don’t say you’re fine when you’re not. You may have a tendency to downplay what happened to you and not want a confrontation, but stating you are not hurt when you actually are will only make your case harder to make later when you are thinking more clearly.
- Don’t admit fault for the accident.
- Don’t give a recorded statement if the other party’s insurance company contacts you. They can use a recorded statement against you. Their goal in taking a recorded statement is to have you on record saying you are not injured.
Common Bicycle Accident Injuries And Their Long-Term Costs
After a bicycle accident, many cyclists suffer serious injuries that can take months or even years to recover from. Some of the most common injuries include:
- Traumatic brain injuries (TBIs): Can lead to memory loss, cognitive challenges and long-term disability.
- Spinal cord injuries: They may result in partial or total paralysis, often requiring lifelong care.
- Bone fractures: They often require surgery, immobilization and months of rehab.
- Road rash: Deep skin abrasions that can cause infection, nerve damage or permanent scarring.
- Internal injuries: Damage to organs or internal bleeding that may not be obvious right away but can be life-threatening.
In some cases, the damage is permanent. These injuries can bring long-term consequences such as:
- Ongoing medical treatment and physical therapy
- Use of assistive devices such as wheelchairs or braces
- Home or vehicle modifications for mobility
- Loss of income or reduced ability to work
- Chronic pain and emotional struggles
Recovering from these challenges is not just about healing but also about protecting your future. Our skilled personal injury attorneys can help you document the full extent of your injuries and fight for the compensation you will need for your recovery journey.
Detailed Explanation Of Recoverable Damages
If you are injured in a bicycle accident in California, you may be entitled to several types of damages. These are meant to help you recover financially, physically and emotionally. Economic damages cover measurable losses such as:
- Past and future medical bills: Hospital stays, surgeries, rehab and medications
- Lost wages: Income you have already missed because of the injury
- Loss of future earning capacity: If your injuries prevent you from returning to your job or advancing in your career
- Property damage: Including repair or replacement of your bike and gear
On the other hand, noneconomic damages account for what cannot be measured in dollars:
- Pain and suffering: For the physical discomfort you endure
- Emotional distress: Anxiety, depression or PTSD caused by the crash
- Loss of enjoyment of life: When your injuries prevent you from doing what you love
- Disfigurement or permanent disability: If your appearance or abilities are forever changed
In some cases, you might also be awarded punitive damages, especially if the driver acted with extreme recklessness, like driving under the influence. Our lawyers can help you know what you are entitled to so that you can get the full support you deserve after a serious crash.
Answers To Frequently Asked Bike Accident Questions
Below, we’ve answered some of the questions our attorneys are asked most often by clients and prospective clients. After you’ve finished reading, we invite you to contact us with any additional questions you may have.
Can I get compensation after a bicycle accident?
Yes, you may be able to file a bicycle accident claim with the insurance company of the driver who hit you. Bicycle accident claims often seek compensation for medical expenses, lost income, lost earning capacity and more. Because insurance companies are notorious for offering lowball settlements, however, it is wise to hire an attorney who can aggressively negotiate on your behalf and, if necessary, take your case to trial. Our attorneys can explore every available option for securing compensation for your injuries.
Can I still get compensation if I was partially at fault for a bicycle accident?
Yes, you can. California recognizes a legal principle known as pure comparative negligence. This means that even if you share fault, you may still be entitled to compensation. It is important to note, however, that your available compensation will be reduced by the percentage of fault assigned to you. If you were 35% at fault, for instance, you could still recover 65% of the total damages you were seeking. When you hire our firm, we will work tirelessly to prove that the other party was largely or entirely to blame in order to maximize your financial recovery.
Why are bike accidents becoming so common?
Unfortunately, bicyclist injuries and deaths are on the rise in California and nationwide. There are many reasons for this, including:
- Increasing speed limits in urban areas
- The growing popularity of SUVs and other large vehicles that make accidents more injurious and deadly
- Infrastructure that caters to the convenience of cars but is often hostile to the safety of bicyclists and pedestrians
- A car-centric culture that treats bicyclists as unwanted nuisances rather than fellow travelers who have an equal right to use the roads
There are many activists working to change laws and culture to protect bicyclists, but progress is slow. In the meantime, any bicyclist who has been seriously injured by a negligent driver has the right to seek full and fair compensation and to hold that driver accountable in civil court.
Our team also represents victims of e-bike accidents. If you were injured while riding an e-bike, or if you were injured by a negligent e-bike rider, contact us today. We can help.
Get Your Free Consultation Now
Seeking advice from a bike accident attorney early on after a bike injury is most helpful. Our attorneys at Padilla Law Group, LLP, can help protect your rights to seek compensation from the at-fault party in the accident. We can also negotiate maximum compensation and ensure that you are treated fairly. Call our Encinitas office at 760-536-4415 to discuss your case in a free consultation. Our attorneys get paid only once you get paid, so there is no risk in contacting us. You may reach out by phone or through our online contact form if that’s more convenient. We achieve exceptional results for our clients and can help you see what your case may be worth.