Carlsbad Bicycle Accident Lawyers
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Our Carlsbad Bicycle Accident Lawyers Can Help Injured Victims Seek Compensation
Are you an injured victim of a cycling incident? Let our Carlsbad bicycle accident lawyers assist you with pursuing compensation for your medical bills, lost wages, and other losses. Call Arash Law at (888) 488-1391 for a free initial case evaluation.
If you get injured or lose a loved one in a bicycle crash, you may be able to seek a settlement from the negligent individuals. Our skilled and experienced bicycle accident attorneys in Carlsbad can review your claim and assess the legal actions you can take moving forward.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
How Our Dedicated Carlsbad Bicycle Accident Lawyers Can Help Handle Your Case
Our bicycle accident lawyers in Carlsbad can help handle the legal aspects of your claim while you focus on recovering from your injuries or the untimely passing of a loved one. Clients only need to provide us with the necessary information during our onboarding process, where we’ll also discuss our payment agreement. We’ll explain that we work on a contingency fee arrangement, which means they’ll only pay our attorneys if they’re awarded a settlement.
Afterward, we assist with the claims procedure by gathering evidence to support a case and negotiating with the involved insurance company for a reasonable settlement. We can also take cases to court if an agreement isn’t reached.
As we go through the process of filing a claim, we work to inform clients of our progress via text and email. Our team will readily answer any questions, explaining the details of a case and reviewing each legal document that needs to be signed.
Arash Law can also assist if you would be more comfortable speaking to us in another language. Let us know how you prefer to communicate, and we’ll see how we can accommodate you.
There is no easy path to seeking compensation, but you can seek the services of our Carlsbad personal injury lawyers to help handle your bicycle accident case. We’ll utilize our resources to build a well-founded case that upholds your rights to pursue a personal injury claim.
Causes Of Bicycle Accidents In Carlsbad
Due to a lack of protection, bicyclists are particularly vulnerable while traveling with larger vehicles like automobiles and trucks. Our personal injury law firm in Carlsbad has often seen bicycle accidents resulting in catastrophic injuries and, in some cases, fatalities.
Different acts of negligence can lead to bicycle accidents, such as:
Vehicles Driving In Bicycle Lanes
Cyclists can get struck when drivers recklessly swerve into their designated path. Section 21209 of California’s Vehicle Code dictates that motorists are prohibited from driving along designated bicycle lanes. The city of Carlsbad has implemented green bike lanes in areas where bicycle accidents are more likely. Violating these marked lanes may result in a head-on collision.
Failure To Yield
Motorists are expected to give cyclists the right of way before overtaking or passing them, as per the Three Feet for Safety Act. If the driver ignores this responsibility, accidents such as right-hook collisions can occur where cyclists slam into vehicles that make an ill-advised right turn.
Distracted Driving
If motorists drive while distracted, they might not notice cyclists traveling in marked lanes. According to the Centers for Disease Control and Prevention (CDC), accidents can occur if the driver has their eyes off the road (such as when using their phone), hands off the wheel (while eating, for instance), or is otherwise distracted when driving (like when chatting with passengers).
Driving Under The Influence (DUI)
Per CVC §23152, driving under the influence is illegal. Certain substances can heavily impair the driver’s senses, potentially leading to a collision with a bicycle. DUI has been the cause of many injuries and deaths to cyclists.
California’s Department of Motor Vehicles (DMV) has released a safety guideline containing important information for bicyclists and motorists when traveling with other vehicles. Following this guide can help reduce the number of bicycle accidents that happen not only in the city of Carlsbad but in other areas of California as well.
Common Injuries In A Bicycle Accident In Carlsbad
Depending on the cause of the bicycle crash, the injuries sustained by the victims may vary from minor to severe. Bike riders can easily sustain wounds and cuts because their bodies are exposed on the road. In more serious cases, accidents can lead to critical injuries that may result in temporary or permanent paralysis and, sometimes, even wrongful death.
These are some examples of personal injuries that we have commonly observed in bicycle accidents within the city:
- Road rash
- Muscle strains
- Sprains
- Soft tissue injuries
- Neck injuries
- Spinal cord injuries
- Bone fractures
- Amputation
- Traumatic brain injuries
Whether the injuries you are suffering from are minor or catastrophic, our Carlsbad attorneys are prepared to review your bicycle accident case.
Remember, some injuries may appear insignificant, but they can lead to extensive damage if not treated immediately. Don’t hesitate to consult a doctor so that they can detect any hidden conditions that can potentially endanger your life and health.
Who Is Responsible For My Bike Accident In Carlsbad?
It is important to evaluate the other party’s negligence to see whether your claim is valid and can be filed. Our personal injury lawyers, who have handled many bicycle accident cases in Carlsbad, can tell you that fault may be assigned to the following parties:
- Other Drivers — Motorists on the road must follow traffic laws to maintain each other’s safety. If the recklessness of one leads to your injury, they can potentially be held accountable.
- Government Agencies or Property Owners — If the causes of your accident were potholes, poor lighting, or uneven surfaces, we could file a claim against the government agency responsible for proper road maintenance. If the accident occurred on private property and the owner or caretaker was negligent, we might be able to pursue compensation based on premises liability. The landowner may be responsible for compensating you for your injuries.
- Bicycle Manufacturers — There are cases where a bicycle’s faulty design and manufacturing process cause injury to the rider. Here, the manufacturer might be negligent under product liability laws.
- Bike Mechanics or Technicians — If a cyclist was injured because the mechanic failed to examine and repair a broken or defective bike thoroughly, then our lawyers can assess whether you may hold that person accountable.
- Another Third Party — For example, a pedestrian’s actions might cause a biking accident in Carlsbad.
When determining who is responsible for your bicycle accident, our lawyers in Carlsbad will work to study your case from different angles to identify potentially liable parties.
How Do Bicycle Attorneys Prove Negligence?
After evaluating the parties who may be responsible for your bicycle accident, our Carlsbad attorneys can work to find proof of negligence based on these four factors:
- Duty of Care — The defendant must have a duty to act reasonably and avoid causing harm to others.
- Breach of Duty — After establishing that duty, we’ll identify how the at-fault party’s actions caused them to breach that duty of care.
- Causation — Our lawyers will evaluate whether there is a link between the injuries you sustained and the defendant’s breach of duty.
- Damages — After establishing proof that the accident led to damages, such as medical bills, lost income, and emotional distress, we will consider these losses to come up with a reasonable amount to claim.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Compensation For Your Bicycle Accident
Bicycle accidents can affect a lot of aspects of your life, such as your physical fitness, mental health, emotional well-being, and financial situation. As such, you might be able to pursue compensation for related losses. With the help of our bicycle accident attorneys in Carlsbad, you can potentially seek the following types of damages:
- Economic Damages — These are also known as “special damages,” and they help the victim by making up for the money they lost or might lose. Examples of economic damages are:
- Past, present, and future medical costs
- Lost wages and diminished earning potential
- Out-of-pocket expenses
- Physical therapy
- Travel costs to and from medical treatment
- Non-Economic Damages — These are also known as “general damages” because they are subjective and do not have a set amount. Examples are:
- Pain and suffering
- Emotional and psychological distress
- Anxiety
- PTSD
- Loss of consortium
- Reduced quality of life
There are also rare cases where the court awards punitive damages. Also called exemplary damages, these do not aim to compensate the victim for their losses. Rather, they serve as punishment for the wrongdoer’s grossly negligent actions.
Bicycle Accident Statistics In Carlsbad
On sunny summer weekends, you may encounter hundreds or even thousands of cyclists on Carlsbad’s roads and trails. This increase in bicycles on the road may lead to a higher risk of accidents. However, even on a regular day, cyclists are still vulnerable to traffic incidents.
Our bicycle accident lawyers in Carlsbad have observed that cyclists are common casualties in motor vehicle collisions. Data from the Transportation Injury Mapping System reflects this observation. With the significant number of bicyclists getting injured in recent years, it is likely that the city may declare a local state of emergency to address this issue, as it did when it recorded 113 fatalities in 2022.
Frequently Asked Questions On Carlsbad Bicycle Accidents
Can I Still Claim Compensation If I Was Partially At Fault For My Bicycle Accident?
Yes. Carlsbad follows California’s pure comparative negligence law. This generally permits injured parties to seek damages, even if they are partially at fault.
In these cases, the final settlement they’re awarded may change based on their percentage of fault. For instance, if a court finds them to be 40% responsible for causing their accident, they may only receive $60,000 of a $100,000 settlement.
Regardless of whether you were partly responsible or completely innocent, our bicycle accident lawyers in Carlsbad will work to build a case that aims to help you seek the compensation still available to you.
Will A Failure To Wear A Helmet Prevent Me From Claiming Compensation?
No, because the law only mandates people under 18 years of age to wear helmets. However, bicycle accident injuries sustained due to your failure to wear a helmet may reduce the amount of compensation you’re able to pursue.
How Long Do I Have To File A Bicycle Accident Lawsuit In Carlsbad?
The city of Carlsbad follows the statute of limitations of two years set by California Code of Civil Procedure Section 335.1. This deadline is a strict rule, as missing it might lead to the forfeiture of your rights. However, there are exceptions in cases where the plaintiff is under 18 years of age or incapable of making legal decisions on their own. In such cases, the deadline is paused until they turn 18 or recover some sense of capability to make legal decisions.
How Much Compensation Can I Get In A Bicycle Accident?
- The extent of your injuries.
- The negligent party’s insurance policy limits.
- How the accident affects your quality of life.
Call The Carlsbad Lawyers Experienced In Bicycle Accidents
Despite the safety measures placed for cyclists in Carlsbad, accidents still happen, leading to injuries and fatalities. Arash Law is here to study the circumstances of your case, discuss whether you can file a claim, and potentially help you negotiate compensation for your injuries.
Over the decades, our bicycle accident lawyers in Carlsbad have helped clients seek damages for medical fees, lost wages, and other losses they may have sustained. Contact us at (888) 488-1391 or use our online form to learn more about how we’ve handled bicycle accidents in the past.
Founded by the dedicated personal injury attorney Arash Khorsandi, Esq., our law firm seeks to help victims injured in accidents caused by negligence. Besides Carlsbad, we also extend our services to residents of Oceanside, Vista, Encinitas, San Marcos, Solana Beach, Escondido, Fallbrook, Poway, San Clemente, Temecula, Murrieta, Ramona, Dana Point, San Juan Capistrano, and Wildomar, as well as other areas in California where personal injury accidents occur.
