Bicycle Accident Lawyers
BICYCLE ACCIDENT ATTORNEYS
Since 1976 Richard D. Hoffman has successfully helped his clients gain the maximum settlement possible during a painful time in their lives when they need it most.
We represent clients who have been injured or whose loved one died in any type of car accidents including bicycle accidents.
We have the knowledge, skill and experience to win your case or to receive a full compensation.
And we also know the types of injuries that can happen in accidents and the care required to your recovery to help your physical and mental health.
If you or a loved one has been involved in a bicycle accident, call us now! at (323) 782-8600 for legal representation.
You can also send email via Info@RichardHoffmanLaw.com
If you are unable to come to our office, we are happy to come to you at home or in hospital.
- Why You Need Bicycle Accident Lawyers
- Condsider the Statute of Limitations
- Preparing for the Initial Consultation
- Steps to Take After a Bicycle Accident
- Leading Causes of Bike Accidents
- Common Injuries from Bicycle Accidents?
- Types of Compensation Recoverable
- Establishing Liability after a Bicycle Accident
- The Complexities of Bicycle Accidents
- What We Can Do for You
- Verdicts and Settlements
- Contact Us Now
Why You Need Bicycle Accident Lawyer
According to the National Highway Traffic Safety Administration(NHTSA), the number of bicyclist injuries and fatalities in the United States increased between 2001 and 2013 from 45,000 injuries and 732 deaths in 2001 to 48,000 injuries and 743 deaths in 2013.
According to the Governors Highway Safety Association ‘Bicyclist Safety’ Report, deaths of bicyclists in collisions with motor vehicles have decreased susbstantially in US in recent decades, along with motor-vehicle related deaths in general. However between 2010~2012, U.S. bicyclist deaths increased by 16%, from 621 in 2010 to 680 in 2011 and 722 in 2012, while other motor-vehicle fatalities increased by just 1% at the same period. And California had the highest totals in deaths(338 people) as well as the second largest increase(23 people) during this same time period. California is also ranked as the seventh most dangerous state in which to ride a bicycle.
According to the Center for Disease Control, 900 bicyclists died in accidents, while another 494,000 were seen in the emergency room for receiving treatment in coping with severe injuries in 2013. Head injuries are responsible for about 75% of the fatalities and over half of the serious injuries in bicycle accidents.
And most bicycle accidents occur in urban areas rather than rural areas and almost half of all bicycle fatalities happen to children under the age of 16.
The National Safety Council reports injury and death costs resulting from bicycle related accidents at about average $4 billion a year.
According to the most recent data, in Los Angeles County, there are approximately 4,468 bicycle accidents annually. Especially, between 2010 and 2015, L.A. streets such as Vermont Ave(230 accidents), Venice Boulevard(202) and Figueroa Street(200) led the way in bike accidents. Additionally, 30% of the statewide bicycle fatalities occurred in Los Angeles.
And the California Office of Traffic Safety reports that there were approximately 4,958 bicyclists injured in L.A. County in 2012.
Bicycling continues to grow as a popular recreational activity as well as an alternative means of transportation. With this trend, many bicycle riders continue to have injured or died in accidents caused by negligent drivers. So State and County governments have added the bike lanes and enacted specific laws designed to protect bicyclists’ safety. Nevertheless, casualties in bicycle accidents are continuously mounting.
But it is the problem that bicycle accidents are difficult to prove the neglience of drivers, and the insurance companies fight aggressively to divert, deny or minimize the responsibility of accidents and just compensation.
Bicycle accident victims have the right to seek full and fair compensation for the injuries. If you have been injured due to bicycle accident and want to protect your legal right, call Los Angeles bicycle accident lawyer Richard D. Hoffman to discuss your case.
For a FREE case evaluation and consultation, call 323-782-8600 or send email via Info@RichardHoffmanLaw.com.
The consultation is free and there is no fee unless we win.
Condsider the Statute of Limitations
Under California Code of Civil Procedure Section 335.1, the statute of limitations for truck accidents is two years.
The time limit starts on the date of the accident, unless the accident resulted in the death of the victim.
When the victim die in an accident, the statute of limitations starts on the date of the victim’s death.
If the liable party is a public entity, such as a city or school district, then a claim must be filed with the appropriate government entity within six months of the incident.
So if you are a victim in a truck accident and are considering filing a claim, you have to bear in mind of the period limit.
* What if Period Limit has Run Out
In certain circumstances courts will allow for a temporary halting or tolling of the time limit such as minor statute of the victim (under the age of 18), mental and physical incapacitation of the victim. You can discuss this issue with our attorney.
Preparing for the Initial Consultation
For the initial consultation after a bicycle accident, bring as much information as possible you can secure, including:
– Pictures of the accident and of your injuries
– Information on the other driver (the driver’s name, address, telephone number, license plate, and make and model of the vehicle)
– Insurance information for both parties to the accident
– Names, addresses and phone numbers of witnesses
– Medical records
– Medical bills
– Emergency room bills
– Emergency room records
Steps to Take After a Bicycle Accident
1. Check where there you are injured and contact an emergency responses team or paramedics if serious. (Be aware that not all medical problems show up in the first few minutes or longer after a bicycle accident. You may think that your injuries are minor and slight, but it may be much more serious than you think and should be examined immediately after a crash.)
2. Contact your local law enforcement and file an accident report. (Do not speak with the driver regarding fault or liability.)
3. Write down important information (the at fault party’s name, address, telephone number, insurance information, license plate, make and model of the vehicle)
4. Contact a bicycle accident lawyer and ask for a legal consultation regarding your rights for claim and compensation.
* After a bicycle accident, do not speak with insurance adjusters, first. Insurance company can use your statements to lower or deny your claim for compensation. You do not need to spend your after-accident period in a fight with insurance companies. An bicycle accident lawyer representing you can do it for you.
Leading Causes of Bike Accidents
The vast majority of the bicycle deaths which happen every year occur when the bicyclist collides with a vehicle. When a bicycle accident occurs, cause in accidents can usually be attributed to vehicle driver’s negligence including:
– Failure to observe basic rules of the road
– Improper lane switching
– Failure to yield right-of-way
– Failure to check for cyclists before making a turn at an intersection (Making an illegal turn)
– Failure to stop for a bicycle rider at a cross walk
– Failure to stop at a sign or red light
– Bike lane intrusion
– Dooring (Opening a car door without checking for bicyclists)
– Backing out of a driveway or parking space without looking
– A vehicle turning into a driveway
– Being hit while riding on a sidewalk
– Failure to allow the bicyclist sufficient space
– Distracted driving
– Drunk driving
– Reckless driving
In some cases, bicycle accidents may be caused by environmental factors such as poorly designed or maintained roadways and poor lighting conditions.
Common Injuries from Bicycle Accidents?
When bicyclist is hit by a vehicle, the injuries are usually to be severe. He/she is exposed and may suffer severe common injuries including:
– Head injuries and brain trauma (the most common)
– Injuries to the spinal cord or other back and neck injuries
– Broken bones, contusions and bruises
– Internal injuries
– Lacerations, Contusions and Abrasions
– Bone Dislocations
– Cosmetic Disfigurement
There are a few other types of damages which may be applicable in a pedestrian injury case. Contact Richard D. Hoffman Law Firm for a detailed explanation of what may be available in your bicycle accident injury case.
* Get a Checkup after Accident.
Even if you think you are fine after an accident, you have to get a checkup.
It is very important for compensation and lawsuit. In many cases, the victims think they are okay and there is no health problem following the bicycle accident, but many days or weeks later, they feel pain or find injury sustained from the collision. But it is much more difficult to convince an insurance company that you receive your injuries from the bicycle accident.
So, you have to get a checkup after a bicycle accident.
Types of Compensation Recoverable
One of the most common questions asked by our clients is “what is the value of my case?”. The average settlement amount of a bicycle accident lawsuit is dependent on several factors unique to each case.
If you’ve been involved in a bicycle accident that was not your fault or mostly not your fault, you may wonder what compensation you may be entitled to.
And it is very important to fully understant your legal rights for compensation in your bicycle accident, and the value of a bicycle accident case is generally determined by:
– The extent of the damage to property
– The extent of injuries of the victims
– The size and type of insurance policies held by both the neglectful party and the victims.
Of course, it can vary depending on a number of factors.
For a bicycle accident case evaluation, contact a bicycle accident laywer.
He will support you in bringing appropriate legal action against an insurance company or the plaintiff.
And your lawyer can guide you whether your accident was happened by driver’s negligence, manufacturer liability or malicious intent.
Whether you are dealing with an uninsured driver or an uncooperative insurance company seeking to reduce or deny your compensation for damages, bicycle accident lawyers are committed to obtaining maximum compensation on your behalf.
In situations where Personal Injury Protection(PIP) insurance does not sufficiently cover damages, you may be entitled to full or partial compensation beyond your coverage limitations.
Typically, injured bicyclists may face huge medical expenses, lost wages, lost-earning capacity and pain and suffering for months, years, or even for the rest of their life after a bicycling accident.
Further, the families of victims who were killed in a bicycle accident could be left with medical expenses, funeral expenses, and the loss of support and services.
If you or your loved one has suffered injuries or was killed as a result of a bicycle accident, you may be entitled to compensation for these damages.
The injured victim must file a claim or suit before valuable evidence is lost, witnesses’ memories fade, or the statute of limitations expires. The best way to ensure maximum compensation is to take swift action.
Bicycle accident victims may be held liable for damages, including:
* Compensation for economical damages
– Compensation for all current and ongoing medical costs and prescription drug cost (Often referred to as “Medpay,” this pays medical expenses for driver and passengers injured in an accident.)
– All future medical and rehabilitations costs including corrective and revision surgeries when required
– Loss of wages and future income earning ability due to inability (Loss of earning capacity)
– Loss of essential home services (An injured homemaker who suffers injuries from an accident and who now needs to hire someone to do their household work may be compensated for the loss of the ability to do domestic work.)
– Loss of property (damage to your bicycle)
* Compensation for non-economical damages
– Payment for pain and suffering for for the physical pain you suffered as a result of the injuries sustained in your bicycle accident
(The type of injury, the level of pain, and how long that pain can reasonably be expected to continue will factor into these damages.)
– Payment for emotional and psychological distress including mental trauma, post traumatic stress, and depression resulting from the accident
(If you suffered a catastrophic injury such as a traumatic brain injury or spinal cord injury, you could be entitled to damages for the mental pain and anguish you have suffered.)
– Loss of consortium if a bicycle accident resulted in a strain on your marital relationship.
– The inability to have children due to accident-related injuries
As you can see, many of these compensation caluses are subjective or subject to interpretation. How do you show your pain and suffering and how do you prove that you will lose income in the future based on your potential? It may be difficult to put a figure on these types of damages and the amount of money which can be obtained for this type of damage is a question of fact for the jury.
It is our job to maximize your compensation by fully demonstrating the degree of your damages and injuries. Whether its employing the services of an occupational expert to show future loss of earnings, or a medical professional to prove the true level of pain and suffering, we will go the extra mile for our clients.
Our firm has been successful in settling cases and convincing juries to award the maximum amount of pain and suffering, and non-economic damages that our clients deserve. Depending on the types of injuries suffered, and whether or not the injury is permanent or has permanently changed a person’s life, the value of non-economic damages may be in the millions of dollars.
The defendant, his/her insurance companies and defense lawyer will do everything to deny or minimize your damage and injuries. We will protect your rights for compensation.
– Punitive damages
Punitive damages could be awarded when the plaintiff displays an intent to cause harm or a reckless disregard for the life of victims. In this case, the defendants will receive all or some portion of the punitive damage award.
* Wrongful death (Fatality)
Wrongful death is a claim against a person held liable for a death in a bicycle accident. If your loved one was killed in a bicycle accident due to a negligent driver, family members are entitled to file a wrongful death lawsuit on his or her behalf.
Establishing Liability after a Bicycle Accident
Proving Your Bicycle Accident Claim
In order to get compensation from the liable parties, you need to have to prove that their negligence, willful negligence, or recklessness directly contributed to your injuries.
But, after a bicycle accident, the peretrator and his/her insurance company will try to deny or minimize his/her responsibility. So it is very important to prove the negligence of him/her by collecting the necessary evidence at the scene, and to present that evidence in a positive manner.
You may use police and medical reports, photographic and video evidence taken at the scene, witness statements, and expert testimony. A bicycle accident lawyer also can help you acquire valid evidence for your lawsuit through an investigation and review of accident.
In order to win your lawsuit or to be rewarded through the settlemnet of a disute, it must be shown that:
– The driver failed to drive in a reasonable and law-biding manner
– The driver caused an accident by breaching the duty and responsibility of care and caution
– Your injuries were directly caused by the accident.
* Accident due to Defective Bicycles
Sometimes it could be that your defectively manufactured bicycle or a bicycle part led to your accident. In this case, you may have a lgeal right to sue against the manufacturer. To win the case, it would be necessary to prove that:
– Your bicycle or bicycle part was “unreasonably dangerous”
– You were operating the bicycle in the manner it was designed at the time of the accident
– Your bicycle’s performance has not significantly changed since you bought that bike.
If your bicycle accident occured due to your defectively manufactured bicycle or bicycle part, following your accident, it is extremely important that you store your bicycle safely until it is examined by an expert.
Because a bicycle product liability claim could require a full analysis and expert testimony about that bike.
Bicycle-vehicle accident often yields fewer clues in the accident to confirm the cause of accident.
So it is very important that you have an experienced Los Angeles bicycle accident lawyer by your side.
The Complexities of Bicycle Accidents
Bicycle accidents have the potential to become extremely complex, just like any car accident. It is extremely important that witness statements and evidence be gathered immediately following the accident before the witnesses have disappeared or their memories have faded by taking pictures or video at the scene of an accident and securing witness statements. It is also extremely important to:
– Obtain information on the other driver (the driver’s name, address, telephone number, license plate, and make and model of the vehicle)
– Secure insurance information for both parties to the accident
– Names, addresses and phone numbers of witnesses
– Obtain the official police report and review it carefully.
– Have an expert analyze your medical records in order to successfully prove your injuries
– Inspect and document the damages to your bicycle
– Have an expert recreate the scene of your accident
Sometimes, bicycle accident victims think that they can negotiate a fair settlement directly with the insurance company.
Of course, the insurance companies may act like their priority is in your best interests and just compensation. But, it’s not true. Their first priority is not the victim or the customer, but their own bottom lines and profit.
They will do everything to deny or minimize a case against you, and end up lowballing your settlement offer. Insurance companies are in the business of making money by collecting premiums and paying out as little as possible for claims.
So it is better to contact an experienced and competent bicycle accident lawyer who can handle your case including dealing with the insurance company in your stead to protect your legal right to fair compensation.
What We Can Do for You
– Introduce caring doctors
– Make a thorough investigation of accident
– Found out the cause and fault of accident and the liable party or parties
– Handle your personal injury lawsuit including mediation, arbitration, depositions, and trial
– Keep updating and delivering of the process of your case
– Answer any of your questions and address any of your concerns with a serving heart
Verdicts and Settlements
At the law firm of Richard D. Hoffman, we have successfully represented clients in a variety of bike accidents. Our lawyers have extensive experience with these matters, and have obtained full and fair compensation.
We fight the insurance companies quick to put the bicycle rider at fault or try to minimize compensation for the accident. We stand up for your rights and make sure that your voice is heard.
Contact Us Now
Do you need a bicycle accident lawyer who can help you and give legal guidance for your claim?
You can call us now with (323) 782-8600 or send email via Info@RichardHoffmanLaw.com.
We can give you an English, Spanish and Korean service.
We are here to help you.
Get Help Today.