Californians enjoy an abundance of sunshine and warm temperature days, which is the perfect climate for bike riding. Some people use bikes for practical purposes, like doing errands and commuting to work. Others like to use bikes for exercise, whether it’s to stay in shape or train for a marathon. No matter the purpose, bike riders have a duty to be careful and keep an eye out for hazards when they are out in public.
However, there is no way to prepare for certain incidents, like reckless driving or defects with one or more parts on the bike. Or, there may be construction and other hazardous activity on the road, and the proper measures were not taken to secure the area.
Did you or someone in your family have an accident while riding a bike in Fresno, California? If so, it’s essential to obtain legal advice from an experienced attorney. We have a dedicated team of Fresno bike accident injury lawyers here at Normandie Law Firm. Please contact us 24 hours a day, 7 days a week to learn about your rights and legal options.
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What are the Causes of Bike Accidents in Fresno?
Bicycle accidents can happen anywhere for all sorts of reasons, including careless or reckless behavior by the person that’s on the bike. However, cyclists can also be harmed when there is negligence by drivers on the road. Drivers can fail in their duty of care to people on bikes in the following ways:
- Distracted driving
- Speeding
- Failure to yield
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Failure to maintain the vehicle
Carelessness by drivers is only one of the ways that people can be injured in a bike accident. Perhaps there were conditions on the road that were clearly hazardous, but the government agency that’s responsible may have failed to make the necessary repairs. Consumers can also be injured from losing control of the bike or falling off when there is a design flaw or mechanical failure. In the case of electric bikes, the rider can also end up with severe burn injuries if the lithium ion battery overheats.
Injuries You can Sustain from a Bicycle Accident
Those who live and work in Bakersfield, as well as visitors to the city may be seriously injured from an accident while riding a bicycle. The most vulnerable areas are the head and neck, but permanent damage can happen anywhere on the body when there is a forceful impact from being hit by a car, being knocked to the ground, or hitting a wall or some other obstruction. Injuries you are likely to end up with from a bike accident include:
- Skull fracture and other traumatic brain injuries
- Damage to the neck or spinal cord
- Bone fractures
- Wrist / ankle sprain
- Joint dislocation
- Deep cuts
- Ligament tears
- Nerve damage
- Rupturing of the internal organs
- Broken hip
- Chronic pain
- Loss of function in the limbs
- Death
Monetary Damages You can Recover
The compensation that you are owed as an accident victim is made of up of numerous payments that are classified as “damages.” Economic and non-economic damages you may be eligible to receive include:
- Cost of medical treatments, including long-term / lifetime medical expenses
- Lost wages and job benefits
- Lost earning capacity for disabling injuries
- Property loss or damage
- Pain and suffering
- Emotional distress
- Punitive damages
- Attorney’s fees
In some cases, the injuries from a bike accident are serious enough to cause death. Loved ones of the decedent can talk to a bike accident lawyer about the possibility of filing a wrongful death lawsuit. Compensation from a wrongful death claim include funeral expenses, loss of consortium, loss of expected income, pain and suffering, and medical expenses up until the date of death.
What is the Average Settlement for a Bike Accident Injury Claim?
The average value for bicycle accident claims can be anywhere from $10,000 to over $100,000. In cases of catastrophic injuries that cause disability or death, the compensation owed to the victim or their loved ones may exceed $1,000,000. Please note that settlement values are dependent on many factors, including the injuries and long-term complications, projected medical expenses, degree of pain and suffering, and mental health issues resulting from emotional trauma. A personal injury lawyer in Fresno can evaluate these and other relevant factors and make a determination on how much you are entitled to.
How Long Do these Cases Take to Settle?
Some accident claims are settled in a matter of weeks, while others can take over 2 years. The severity of injury is a critical factor in case timelines. Overall, we would say claims with severe injuries will take at least 1 year, and up to several years if the case goes to trial. Please note that court intervention is very rare, and around 95% of all bike accident cases are settled by negotiating with the insurance company. But the process of negotiating a favorable settlement can take between 3 to 6 months for mild to moderate injuries, and 8 to 18 months for serious injuries.
Statute of Limitations to Sue for a Bicycle Accident
All personal injury cases in California must be filed no later than 2 years from when the accident occurred. Known as the statute of limitations, this window of time cannot be waived except in very limited and unusual circumstances. With that in mind, we urge you to contact our office immediately, where a Fresno bike accident lawsuit attorney can help you initiate an injury claim.
Government Claims Must be Filed Within 6 Months
In spite of what we said before about the statute of limitations being 2 years, there is an exception for government entities, like city agencies, county offices, public school systems, and independent contractors hired by the state. Thus, if you are filing a claim where you were injured by a negligent government employee or dangerous road conditions, you only have 6 months to submit the applicable claim forms. We can help you prepare the claim with supporting evidence and ensure that it’s filed with the correct agency. Depending on how your claim is handled by the agency, you may have the option to file a lawsuit, which we can also take care of on your behalf.
Talk to a Bike Accident Injury Attorney
Being injured while riding a bike can happen to anyone, but not all accidents are a result of bad luck. If you are a victim of negligent or reckless conduct by someone else, you have the right to seek justice in the form of monetary compensation. We can help you achieve this goal with decades of experience and a proven track record of recovery.
As a law firm that works on contingency, you will never be asked to pay for legal services upfront. The only way we get paid is by securing your settlement and receiving a percentage of the funds. This agreement is part of the Zero Fee Guarantee that we extend to all clients from day one, so you won’t be responsible for any legal fees if the case is not settled in your favor.
The members of our legal team are waiting to speak with you, so contact us today for a free case evaluation.
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