San Luis Obispo Bicycle Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Professional Legal Guidance From Our San Luis Obispo Bicycle Accident Lawyers
San Luis Obispo is recognized as a bicycle-friendly city in the United States, where cycling serves as a recreational pastime and a primary means of transportation. However, despite efforts to make the city safer for every cyclist, bicycle accidents are still on the rise. If you get injured as you’re cycling around the city, our San Luis Obispo bicycle accident lawyers can help you seek compensation for your injuries and other losses. Call Arash Law at (888) 488-1391.
People for Bikes released the list of the Prime Places to Bike in 2023. San Luis Obispo ranked 95th overall, 34th in the United States, and 6th in California. While the love for biking is shared among San Luis Obispo residents and visitors, bike accidents remain prevalent in the city. Traffic accidents involving bicycles often result in severe injuries and fatalities.
Arash Law can help victims of biking collisions get compensation. Our team, headed by Arash Khorsandi, Esq., provides legal assistance to injured victims. Contact our bicycle accident attorneys in San Luis Obispo for a free initial consultation. You can also fill out our “Do I Have A Case?” form. One of our lawyers will assess your situation and evaluate the validity of your claim.
Does v. California Farm (confidential) –settlement for a group of farmworkers who were killed when the car they were transported in to work flipped over in Merced County.– BENNY KHORSANDI
How Can Our San Luis Obispo Bicycle Accident Lawyers Help You?
Your attorneys can help protect your rights by taking action against the negligent party who caused your pain and suffering. Our San Luis Obispo bicycle accident lawyers are knowledgeable about personal injury laws and have handled cases similar to yours.
Our Arash Law attorneys have the knowledge and experience that can help you manage the legal process, allowing you to focus on your health and well-being. Our primary goal is to help you pursue the compensation available under the law. We’ll do this by:
- Investigating Intensively — To seek an appropriate settlement for damages, we need to establish a strong case. Gathering compelling pieces of evidence helps back up your claim. These include police reports, medical reports, eyewitness accounts, and testimonies. We pore over the details and prioritize gathering details that can be beneficial to the case.
- Quantifying Your Case – Knowing the value of your claim provides a benchmark for negotiations. We’ll consider all of your injuries, medical bills, wages lost, and other damages directly related to the accident in evaluating your case.
- Compassionate Advocacy — Insurance companies often try to settle claims quickly and for less than their full value. Our bicycle accident lawyers can estimate the potential value of your case, and will not recommend settling for an amount we believe is unfair. We will negotiate with the insurer and pursue a settlement that aligns with the harm you experienced.
- Taking Your Case to Court — Most cases we handle settle before going to court. However, if that does not happen and we need to proceed with litigation, our lawyers are ready to protect your rights.
Why Hire Our Dedicated San Luis Obispo Bicycle Accident Attorneys?
Every case is unique, which is why our San Luis Obispo bicycle accident attorneys take the time to know you and your situation. There is no all-encompassing solution in personal injury claims. We tailor the solution to your specific circumstances.
Moreover, we help our clients understand their legal situation. Most people know what is lawfully right and wrong. However, legal jargon makes laws hard to understand. It confuses the victims even more when they are already in mental distress because of the accident. To make informed decisions, victims should fully grasp what their case entails. Our team of legal professionals answers the questions and concerns of many victims to help with that.
Arash Law also believes that everyone should have access to quality legal assistance. That is why we work on a contingency fee agreement, meaning you won’t be charged for the services of our attorney unless compensation is obtained. However, case-related costs may still apply, regardless of the outcome.
Lastly, we will handle the legal aspects of your case, so you can focus on your recovery. Call us today or use our contact form to start your onboarding process.
Common Causes Of Bicycle Accidents
Bicycle accidents in San Luis Obispo are commonly caused by the following:
- Failure to Yield – Many drivers illegally drive through the designated bike lanes, hitting bikers in the process.
- Making Dangerous Turns at Intersections – Drivers making dangerous turns often do not notice bikers or assume they will not hit them.
- Distracted Driving – Anything that can take the driver’s attention from driving can be dangerous. They have less time to react to hazardous situations.
- Driving Under the Influence – DUI cases are common, and fatalities include bikers, pedestrians, and other motorists.
- Not Following Traffic Rules & Regulations – Some drivers intentionally disregard traffic lights and stop signs.
Bicycle accident lawyers in San Luis Obispo can help determine the cause of your cycling accident. This helps in establishing negligence and liability as the case progresses.
What To Do After A Bicycle Accident In San Luis Obispo?
If you get into a bicycle accident in San Luis Obispo, your safety should be your first priority. Although gathering and preserving evidence can be helpful, only do this if you are safe and able. Bicycle accident injuries can be severe, so avoid putting yourself at further risk and allow the authorities to handle the scene.
If you can safely do so, here are recommended steps you may consider after an accident in San Luis Obispo:
- Call 911 — They will dispatch the police and EMTs to the scene.
- Stay on the Scene — Never leave the scene, even if the driver who hit you ran away from the accident. Wait for the authorities to send you off and prioritize getting checked by the dispatched medical team.
- Move From Harm’s Way If You Can — Bring your bicycle with you to the side of the road. This action can avoid hurting others or causing further accidents.
- Gather Evidence — Take photos and videos of the scene, including the defendant’s car model and plate number. Also, take videos of the surroundings that show the weather and road conditions. Capture every angle of the scene, such as where the accident took place and the flow of traffic at the time.
- Exchange Contact Details — Provide and obtain contact details for the driver (s) and their insurance information. If there are any witnesses, ask them for details as well. Jot down their names and contact information. Additionally, ask them if they can be contacted for further assistance.
- Never Admit Fault for the Accident — This can hurt your case. Avoid discussing the issue, especially when insurance companies call you.
- Consult San Luis Obispo Bicycle Accident Attorneys — Having legal assistance early on can help your claim and avoid missing any filing deadlines.
Establishing Liability In Bicycle Accidents
Identifying the responsible party is one of the main tasks of bicycle accident attorneys in San Luis Obispo. To accomplish this, we do an extensive investigation. We go through the pieces of evidence gathered. If the need arises, we also use our connections with outside professionals. For example, accident reconstruction specialists can analyze the facts and recreate what happened before and during the accident.
California is known as a “comparative negligence” state. This means liabilities can be shared. It is typically the case when there are multiple parties implicated. The drivers involved in a multiple-vehicle collision that hurt a biker can share the liability. They will be responsible for specific percentages of the final settlement award based on their level of fault.
Victims can also be held liable in court. Consider, for instance, a biker might have changed lanes unexpectedly without signaling the driver. As a result, they were found to be 20 percent at fault. When this occurs, the final compensation amount will be reduced by 20%.
Experienced San Luis Obispo bicycle accident attorneys can help protect your rights in court and help you seek compensation for your losses. They will work to gather evidence to support your case.
Common Bicycle Injuries In San Luis Obispo
Bicycle riders do not have the same protection as car drivers. The average weight of a new car sold in the United States in 2022 is over 4,300 pounds. Meanwhile, the average weight of a semi-truck with an empty trailer is 35,000 pounds. Even if a regular car hits a biker, the injuries sustained by the cyclist can be catastrophic or deadly.
Bicycle accident lawyers in San Luis Obispo will have to check the nature of your injuries to calculate your case’s potential worth. Damages will include medical expenses. Severe injuries typically increase the settlement award.
Some of the common injuries bikers acquire from bicycle accidents include:
Traumatic Brain Injuries (TBIs)
TBIs can have lasting psychological and neurological effects on the victim. It may even lead to coma or death.
Dental Fractures
Unlike motorcycle helmets, bicycle helmets only protect the crown of the head. The face, especially the mouth, is left open and susceptible to injuries. That is why bicycle accidents can lead to jaw and dental fractures, including cracked teeth. Dental fractures can cause lasting tooth pain, especially if left untreated. Other effects include halitosis (bad breath), swollen gums, tooth sensitivity, and even infection.
According to a study published in the Dentistry Journal, dental fractures also have psychosocial effects. These injuries may have psychological effects, including impacts on self-esteem related to changes in appearance.
Eye Injuries
Since bicycle helmets do not protect the eyes, eye trauma is also common. Bicycle accidents may cause globe injuries (the eyeball). Injuries may include:
- Globe rupture.
- Globe penetration (when the object remains in the eye).
- Globe perforation (when the object does not remain in the eye).
It can cause extreme pain and vision loss. The latter usually affects the victims for a lifetime. Such injuries may result in reduced quality of life and could affect employment opportunities.
Broken Bones
The impact of being hit by a motor vehicle or falling from a bike can cause several broken bones. The lower arm gets fractured more often than other body parts. The wrist, shoulder blades, elbow, fingers, and the lower leg follow this.
Fractures can take weeks to months to heal, depending on their severity. Furthermore, some cases may require surgery and rounds of rehabilitation.
Internal Injuries
Serious bicycle accidents can result in internal injuries. These include internal bleeding, ruptured spleen, or collapsed lungs, among others. These injuries may be serious and require prompt medical treatment.
Internal injuries can happen from an intense trauma to the body. Often, they are undetected without a proper medical examination.
Wounds, Abrasions, And Lacerations
Skin abrasions and cuts are some of the more moderate injuries associated with bicycle accidents. However, deeper cuts will require stitches that can cause scarring. In turn, scarring can negatively affect a victim’s mental health. They can develop depression and anxiety from the change in their physical appearance.
Moreover, skin abrasions and cuts can be painful and may develop infections, which can lead to more severe health issues.
Death
In worst-case scenarios, bicycle accidents can lead to death. It could happen upon impact or if they succumb to their injuries. Either way, this tragedy can drastically change the lives of the grieving family.
Our San Luis Obispo bicycle accident lawyers can also help file for a wrongful death claim. We know no amount of money will bring back your precious loved one. However, getting compensation can help ease the financial burdens your family faces after such a tragic event.
Dealing With Insurance Companies After A Bicycle Accident
The defendant’s insurance company will most likely call you after a bicycle accident. They will sound pleasant and understanding, but they may have plans that would not benefit your interests. These companies may sometimes employ methods that could potentially decrease the value of a claim.
Insurance adjusters’ primary goal is to minimize their financial responsibilities. Insurance representatives may take your statements out of context or interpret them in a way that minimizes your injuries. For example, a casual “I’m okay” could be viewed as a sign that your injuries are minor. Even saying “sorry” at the scene can be misunderstood and used against you later.
Working with bicycle accident lawyers in San Luis Obispo means you do not have to deal with insurance companies. Allow us to negotiate with these insurance companies on your behalf. Our years of experience have taught us how to deal with them. If they contact you, politely decline the conversation and redirect them to us instead. As soon as they are aware that you have legal representation, they can only call us for negotiations.
Recovering Compensation For A Bicycle Accident
Bicyclists injured in an accident caused by a negligent driver may be able to pursue compensation. In certain circumstances, you could seek compensation for economic and non-economic damages.
Economic damages refer to the following:
- Medical Bills — This refers to expenses related to medical care, including hospital bills, treatments, and medications. Rehabilitation and medical equipment may also be included. Moreover, the compensation should cover the past, present, and future medical expenses related to your injury from the accident.
- Loss of Income — Depending on the severity of your injuries, you may need more time to go back to work. In some cases, your potential to earn is significantly affected. You may not be able to hold a job because of a life-changing injury.
- Property Damages — Bicycles are not cheap. You can get compensation to have your bicycle fixed or replaced.
Meanwhile, non-economic damages refer to intangible losses, including:
- Pain and suffering
- Disfigurement
- Loss of consortium
- Diminished quality of life
- Mental distress
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Loss of enjoyment of life
- Isolation
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– ARASH KHORSANDI
What Is The Statute Of Limitations For Filing Accident Claims?
For your complaint to be considered in a personal injury claim, it must be filed within the statute of limitations. Personal injury and wrongful death lawsuits are subject to a two-year statute of limitations in California. However, if you are suing a government entity, you have six months to file your lawsuit. You may be barred from seeking compensation if you fail to file your claim within the given time period. Consult your San Luis Obispo bicycle accident attorneys if you have concerns regarding the deadlines.
Who Pays For Bicycle Accidents Without Insurance?
If you are fond of riding your bicycle for recreation or transportation, it’s a good idea to have uninsured motorist coverage (UMC) or underinsured motorist coverage (UIM). In California, your insurance company is required by law to offer this coverage to you. You may sign a waiver and not get it. However, it is recommended to have it.
Basically, UMC or UIM is an insurance coverage you take from your carrier. This can protect you if you are involved in an accident and the other party does not have, or does not have enough, insurance. Unfortunately, it may not be able to cover the injuries of a bicycle accident. Your insurance company can cover you for the loss. This helps to fill the coverage needed for the damages.
Staying Safe While Bicycling In San Luis Obispo
Helmets are worn for a reason: they help avoid severe brain injuries. According to the California Vehicle Code Section 21212, anyone under 18 is mandated to wear an appropriately fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the Consumer Product Safety Commission (CPSC). Although bikers 18 years old and above are not legally mandated to wear helmets, it is highly encouraged.
Bicycle Accident Statistics
According to the National Safety Council (NSC), there has been a decline of 2.5 percent in the number of preventable deaths caused by bicycle transportation incidents in 2021. However, in the past decade, this number has increased by 37 percent, from 900 in 2012 to 1,230 in 2021. Of the 1,230 deaths in 2021, 853 were killed due to traffic crashes.
In California, 129 bicyclists died in 2020. This is a 9.8 percent decrease from 2019, which recorded 143 fatalities. As per Berkeley’s Safe Transportation Research and Education Center (SafeTREC), these bicycle fatalities represented 3.4 percent of the total traffic deaths in California in 2020.
Meanwhile, 21 bicyclists had been injured or killed in traffic accidents in San Luis Obispo in 2020. This is according to the California Office of Traffic Safety (OTS).
Schedule A Meeting With Our San Luis Obispo Bicycle Accident Lawyers
San Luis Obispo is one of the cities in California where biking enthusiasts gather. Whether for recreation or transportation, the city has designated trails and lanes for safe bicycle riding. However, accidents still happen because of negligent people. No matter how you try to be safe on the road, your chances of getting into an accident increase if there are drivers who neglect their duty of care. You can still get injured in an incident that you are trying hard to avoid.
We understand that the legal process can be complex and may overwhelm some victims. That is why we want to ease some of the burden and help you pursue compensation. Our doors and lines are open here at Arash Law.
Our San Luis Obispo bicycle accident lawyers are here to explain your options. Call us at (888) 488-1391 for a free initial consultation.
Our team, which also consists of car accident lawyers, can serve bicycle accident victims in Chorro, Santa Margarita, Santa Maria, Creston, Atascadero, Templeton, Guadalupe, Seven Oaks Ranch, Baywood-Los Osos, Avila Beach, Verde, Edna, Montana de Oro State Park, and Morro Bay.
