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Among the many attractions to living in California, perhaps the weather is the most appealing. Year-round, California tends to have rather warm weather, where one can enjoy abundant outdoor activities. Among these activities, bicycling is the most popular, especially in the more densely populated metro areas.
With more people bicycling in this state, more accidents have occurred. In fact, California recently reached a 25-year high in bicycle accident fatalities, where 455 bicycle riders were killed in traffic accidents in 2016 and 2018. That averages a fatality rate of about four per one million people, higher than any three-year period since the 1990s.
If you suffered an injury in a bicycle accident, contact the attorneys at Arash Law. Our team of bike accident attorneys, led by Arash Khorsandi, Esq., has decades of combined experience representing victims of bike accidents.
Our bicycle accident attorneys are dedicated to helping victims navigate the legal process. Regardless of the case’s complexity, here at Arash Law, we work to help each client pursue compensation for their case. Contact us at (888) 488-1391 or via online chat to schedule a free, no-obligation case evaluation.
How Much Is My Case Worth?
Every bicycle accident has unique circumstances, so there is no definitive answer to what each victim can pursue in compensation. Generally, economic, non-economic, and punitive damages determine a victim’s compensation. Below is a list of the different types of losses:
Economic Damages
Economic damages are easily identifiable. Economic damages are typically tangible losses that a victim suffers after an accident. Examples of economic damages include the following:
- Present and future medical costs include rehabilitative services, physical therapy, and medical equipment.
- Current and future lost income, including loss of earning capacity.
Non-Economic Damages
Non-economic damages refer to an accident victim’s losses that may be intangible and, therefore, less obvious. An accident victim may need assistance proving all their damages, but an experienced attorney’s help can greatly benefit the accident victim if they claim non-economic losses. Examples of non-economic losses include:
- Pain & suffering, and the inconvenience of being involved in the accident.
- Loss of consortium, which is a legal claim for the victim’s spouse for the loss of the benefit of their spouse’s services and companionship.
Punitive Damages
Punitive damages are not used to repay the victim; they are attached to the defendant and are designed to deter similar future conduct by the defendant. Courts rarely award punitive damages if the defendant’s actions are wildly outrageous.
Common Bicycle Accident Injuries
- Broken Bones — Broken bones or fractures often occur when a cyclist collides with another vehicle, causing them to be ejected from the bike.
- Road Rash — Road rash can be sustained when a cyclist is ejected from the vehicle and slides across the road. The injury normally happens on the hands, arms, knees, or legs and can lead to infection if not treated correctly.
- Spinal Cord Injuries — Spinal cord injuries can lead to more extensive injuries, such as brain trauma or paralysis.
- Internal Organ Injuries — Internal bleeding and organ damage can sometimes result from an accident.
- Brain Injuries — Brain injuries can also occur when a cyclist has been struck in the head due to an accident.
- Amputation — Some auto accident injuries can be so severe that a limb can be lost. For an amputation injury, the limb must be surgically removed due to extensive damage.
- Fatalities — The most unfortunate result of any bike accident is when a death occurs.
Comparative Fault
Another central factor in concluding a settlement total is determining who was at fault or liable for the accident. Liability can be shared by multiple parties, including even the victim. California is a pure comparative negligence state, which means that even if the victim is partially at fault, they may still have legal options to seek compensation. However, the settlement payout will be reduced based on the victim’s share of the fault.
Insurance Coverage
The majority of bicycle accidents in California involve an individual and their personal vehicle insurance. About 16 percent of California motorists do not have car insurance, which is higher than the national average. Even when a driver does have insurance, they usually only carry liability coverage that pays up to $30,000 for injury/death to one person. This coverage also includes up to $60,000 for injury/death to more than one person and $15,000 for damage to property. Generally, the coverage is too low for anything except minor accidents that cause little to no injuries.
Bicycle accidents that involve rideshare drivers, commercial trucks, or municipalities tend to have access to much higher commercial liability limits due to the driver usually working at the time of the accident. These commercial insurance policies normally have very high limits that may be enough to cover damages exceeding even $1 million.
Accident Settlements Vs. Jury Verdicts
It is important to understand the distinction between a settlement and a verdict. A settlement is a private agreement between the insurance company and the claimant. A victim may settle and get a bicycle accident insurance payout without filing a lawsuit or at any time after suing the liable driver until the verdict is reached. If a fair settlement cannot be agreed upon, the case can then be sent to trial, where a jury will decide to whom an award will be given based on the facts of the case. The majority of bicycle accident claims in California end in a settlement.
A common misconception is that jury verdicts always result in higher compensation. This conception depends upon the facts of the case. Even if a jury verdict is higher than a settlement, the trial may take years and be expensive, which can reduce the victim’s actual compensation.
Average Accident Awards For Injured Cyclists
When determining what a payout award will be for an injured cyclist, it is crucial to remember that each accident has its unique set of circumstances that ultimately determine the award amount. However, a few statistical facts can provide a general idea of what one may receive:
- The state average payout for bicycle accidents is about one-third of a million dollars.
- The state median for returns for bicycle accidents ranges between $25,000 and $40,000.
- Of all cases in Orange County, 70 percent recovered below $100,000, while about 10 percent of Orange County cases covered over $1,000,000.
Again, these are general statistics. The factors above and the circumstances of the case will determine the specific amount each person will receive.
Examples Of California Compensation Amounts
- The city of San Diego paid a $4.85 million settlement to a cyclist who sustained spinal and brain injuries from the accident. (2017)
- $9.1 million was awarded in a jury verdict against the city of Los Angeles for a man who suffered brain damage after an accident.
- $2.8 million was awarded to a bicyclist in San Diego who suffered a head injury and fractures due to uneven pavement. He was left unable to work and enjoy his hobbies. (2021)
- $1.3 million was awarded to a cyclist who suffered severe injuries in Sonoma County from a pothole in the pavement. (2020)
- $150,000 was paid to a San Diego State University student who suffered a knee injury. Additionally, they received $22,000 in medical bills after being hit by a motorist driving across a designated bike lane.
What To Do After A Bike Accident
A bicycle accident can be very tragic, scary, and life-altering. Knowing the subsequent steps to take can be difficult to determine. Immediately following an accident, here’s what we recommend you do:
- Get Out of Harm’s Way — The most important thing following a bicycle accident is to get out of the way of any danger. One should move away from traffic to avoid causing more damage to other drivers.
- Move the Bicycle — The cyclist should move their bicycle if they can.
- Contact Law Enforcement — It is essential to contact the authorities, as they will arrive to gather witness statements and prepare a police report.
- Take Pictures — Take pictures of the accident scene and any damage to the bike.
- Witness Statements — Gather the information of any person who witnessed the accident, including names, addresses, and phone numbers. This information will be useful in determining liability and in court if the case is taken to trial.
- Obtain a Copy of the Police Report — Obtaining a copy of the official police report is crucial for the legal process in determining liability.
- Seek Medical Attention — Irrespective of bodily damage, one should always seek medical attention following an accident to help identify any potential long-term injuries that can occur.
- Contact an Experienced Bicycle Accident Attorney — The sooner a bicycle accident attorney is called, the better. An attorney can help guide you through the legal process.
What Not To Do Following An Accident
Notifying the insurance company following an accident is highly recommended, but it is important to be cautious when speaking to them. One needs to provide general background information, such as the names and addresses of the involved parties and the date, time, and location of the accident. It is best to refrain from discussing liability until an experienced bicycle accident attorney is consulted. Any request to provide a recorded statement should also be refused until a later time.
The accident victim is not legally required to speak to the liable motorist’s insurance company. Insurance companies are for-profit businesses that do not work for the benefit of victims.
Insurance payouts can be reduced due to the following factors:
- Shared Fault — The other party may claim that you or another involved party was partially responsible for the accident.
- Pre-Existing Conditions — If the other party becomes aware that the victim sustained an injury before the accident, they can argue that it did not cause the present injury. Note that even if the accident did not initially cause the injury, it could still aggravate the injury, making the party liable.
- Age — The other party can use the age of older victims to lower claims. The more we age, the more our bodies are susceptible to injury. The other party may try to suggest the victim’s injuries were already present before the accident.
- Credibility — If the other party discovers that the victim was not truthful about any parts of the accident, they may cite the deception to discourage a potential jury from trusting the victim. Doing so can shatter the victim’s credibility.
A bicycle accident can be quite difficult. In addition to the property damage and bodily harm, there is much mental, emotional, and financial damage from which the victim must recover. Knowing the subsequent steps to take can be difficult, but there are experienced bicycle accident attorneys who can help people through this process. From investigating and engaging with the insurance company, the attorney can act on behalf of the victim to pursue compensation for economic, non-economic, and punitive losses.
Contact Arash Law For Legal Guidance After A Bicycle Accident
The attorneys at Arash Law have decades of combined experience advocating for clients, including those injured in bicycle accidents. If you sustain injuries or incur expenses due to an accident, you may need a legal team to help you. Our skilled car accident lawyers handling bike crash cases are prepared to advocate for your rights.
Contact us at (888) 488-1391 or via online chat to schedule a free, no-obligation case evaluation. Discuss your case and explore your legal options. We represent clients throughout California, including Los Angeles, San Diego, Riverside, Orange County, Sacramento, Fresno, San Jose, and San Francisco.
