California has one of the highest percentages of bicycle commuters in the nation, according to data collected by the U.S. Census Bureau. These commuters are joined on California’s thousands of miles of bike lanes and trails by bicycle enthusiasts who ride for sport and pleasure. On the roads, they are joined by millions of car and truck drivers who often do not respect cyclists’ road rights.
Although the large number of bicyclists in the state is well-known, motorists often fail to take the presence of bicycles into account while driving. This, unfortunately, means that California has more bicycle-related fatalities and accidents than nearly any other state. The exposed nature of bicycles means that catastrophic injuries often occur when motor vehicles weighing many tons slam into bicyclists along the highway or at intersections.
Our Oakland personal injury attorneys at Winer, Burritt and Scott, LLP, have helped many injured bicyclists obtain the compensation they needed to facilitate a full recovery, make up for lost wages, pay for ongoing medical expenses and move forward with their lives. We understand the nuances of these cases and know how to gather the evidence and testimony necessary to build a convincing case on your behalf.
Most Common Causes of Bike Accidents in California:
- Drivers failing to look before merging
- Running a red light or stop sign
- Distracted driving (such as texting or talking on a cellphone)
- Inattentive driving near crosswalks and other crowded areas
- Unexpected right-hand turns
- Bike lane violations
- Drunk driving
Regardless of what caused an accident, we use our decades of experience and proven litigation strategies to protect our clients’ best interests. Our commitment to our clients is well-known. Other lawyers and large insurance companies know that we will not be intimidated, and we will do everything in our power to help our clients obtain the compensation they deserve.
What Damages are Recoverable in Bicycle Accident Lawsuit?
Plaintiff is entitled to recover damages for past and future and medical expenses, past and future wage loss, past and future pain and suffering, and if it is deemed that conduct is bad enough, punitive damages (i.e., punishment damages against the defendant). If the bicyclist dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the bicyclist’s death as well as emotional distress damages which stem from the loss of society care and comfort of the decedent. If the survivors can prove that the bicyclist lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.
Do I need an Attorney for my Bicycle Accident Case?
It is almost always a good idea to retain an attorney in a bicycle accident case because there usually will be some questions of comparative fault, and expert witnesses may need to be retained to reconstruct the accident factors and help determine responsibility for the accident. Your case probably will settle and will be more likely to settle for an increased amount if you retain an attorney.
Significant Bicycle Accident Lawsuits
Our dedicated trial approach has led to many favorable settlements and verdicts, as shown by the more than $200 million in verdicts and settlements we have recovered for our clients.
- $675,000 — Single Mother Suffers Back and Head Injury When Knocked off Her Bicycle by Auto Driver
- $450,000 — 40-Year-Old Man Brain-Damaged in Bicycle Accident During a Triathlon Brings Case Against Helmet Manufacturer and Triathlon
Call our Personal Injury Attorneys For A Free Consultation
Contact Winer, Burritt and Scott, LLP, at (510) 433-1000 to speak with an experienced bicycle accident lawyer. We offer free initial consultations. We represent clients throughout California from offices in Oakland, San Francisco, and the Los Angeles area.
“Mr. Winer understands the strengths and the limitations of the law and uses that knowledge skillfully in getting the best results for his clients.”
-Honorable Rebecca Westerfield,San Francisco, CA