Bicycling is an increasingly popular mode of transportation and recreation in Newport Beach, but it is also vulnerable to accidents. When a cyclist is struck by a motor vehicle or encounters hazardous road conditions, the consequences can be devastating, especially because bike riders have little protection from injuries.
As Newport Beach bicycle accident attorneys, we at Libra Law Firm understand the unique challenges faced by cyclists who have been injured due to someone else’s negligence. We’ve won maximum compensation for many injured Southern Californians, and we’re ready to help you in your bicycle crash case. Schedule your free consultation. Call us at (888) 565-3214 today.
Hazards of Bicycle Routes in Newport Beach
Newport Beach is well-known for its proximity to the ocean, which presents unique challenges for cyclists. Roads near the coast frequently have slick sand and troublesome debris on bike lanes, making it dangerous for bicyclists who must ride on the right side of the road.
Class III bikeways, which are shared lanes with vehicles, can also pose risks for cyclists. The process of entering the lane, where a cyclist moves to the center, can be especially hazardous as motorists may attempt to squeeze by instead of waiting for a safe opportunity to pass.
Common Bicycle Accident Injuries
Bicyclists are among the most vulnerable road users, with little protection from the force of a collision. Even at relatively low speeds, a bicycle accident can result in serious injuries including:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Soft tissue injuries
- Lacerations and road rash
- Disfigurement.
The impact of these injuries can be life-altering, leaving victims with mounting medical bills, lost wages, and a long road to recovery. In the most tragic cases, bicycle accidents can even result in wrongful death.
Claims and Compensation for Bicycle Accident Injuries
When a cyclist is injured due to someone else’s negligence, they may be entitled to various forms of compensation through a personal injury claim. At Libra Law Firm, our Newport Beach bicycle accident lawyers fight to secure the following damages for our clients:
Economic Damages
- Medical expenses: This includes the costs of emergency treatment, hospitalization, surgery, rehabilitation, medication, and any ongoing medical care required for your injuries.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for the wages you have lost. You may also claim for future lost earning potential if you are unable to return to the same line of work.
- Property damage: You may be able to recover the cost of repairing or replacing your bike, helmet, and other possessions damaged in the accident.
Non-Economic Damages
- Pain and suffering: Bicycle accidents can cause immense physical pain and emotional anguish. You may be entitled to compensation for the pain, suffering, and mental distress you have endured.
- Loss of enjoyment of life: If your injuries have prevented you from participating in activities you once enjoyed, such as cycling, you may be able to recover damages for this loss of enjoyment.
- Permanent disability or disfigurement: In cases where a bicycle accident results in a permanent disability or disfigurement, you may be entitled to compensation for the long-term impact on your quality of life.
Punitive Damages
Some cases involve intentional misconduct or egregious negligence by the at-fault party. Examples are a hit-and-run or a car driver operating under the influence. The court may award the victim with punitive damages as a way to punish the at-fault party and deter similar behavior in the future.
Wrongful Death Claims
If a bicycle accident results in the tragic loss of life, the family members of the deceased may be able to file a wrongful death claim to recover their losses such as:
- Funeral and burial expenses
- Loss of the deceased’s future earnings and benefits
- Loss of love, companionship, and guidance
- Pain and suffering experienced by the deceased before their death.
At Libra Law Firm, our Newport Beach bicycle accident attorneys have extensive experience in pursuing these various types of damages and claims. We understand the profound impact that a bicycle accident can have on your life, and we are dedicated to securing the maximum compensation you deserve.
Holding Negligent Parties Accountable
At Libra Law Firm, our Newport Beach bicycle accident lawyers are committed to holding negligent parties accountable for the harm they have caused. We thoroughly investigate each case to determine liability, which may fall on:
- Drivers of passenger vehicles, trucks, or commercial vehicles
- Government entities responsible for maintaining safe road conditions
- Manufacturers of defective bicycle components.
Many cyclists ask if they could still claim compensation if they were partly at fault for their accident. In California, the answer is yes, it’s possible for you to still receive compensation for your injuries even if you had some share of fault. Our state’s “comparative negligence” rule will look at your percentage of fault and reduce your compensation accordingly.
Don’t hesitate to reach out to our attorneys to protect your claim. The injury lawyers at Libra Law Firm are ready to establish a strong case on your behalf, proving the liability of all responsible parties while protecting you from negligence assertions.
The Legal Process of Your Bicycle Accident Personal Injury Claim
When you work with Libra Law Firm, we’ll guide you through every stage of the complex bike accident claims process. The typical steps in filing a personal injury case include:
- Initial consultation: During this initial meeting, we will listen to your story, gather details about the accident, and evaluate the merits of your case. This consultation is free and confidential, allowing you to share your experience without any financial obligation.
- Investigation: Our team will conduct a thorough investigation, collecting evidence, interviewing witnesses, and gathering all relevant documentation to build a strong case on your behalf.
- Demand letter: Once we have gathered sufficient evidence, we will send a demand letter to the responsible party or their insurance company. This will outline the details of the case and demand fair compensation for your losses.
- Filing the complaint: If the insurance company refuses to offer a fair settlement, we will file a formal complaint with the court, initiating the legal proceedings.
- Service of process: The defendant(s) named in the complaint must be officially notified of the legal action through a process known as service of process.
- Discovery: During this phase, both parties exchange relevant information and evidence, including depositions, interrogatories, and document requests.
- Pre-trial motions: Our attorneys may file various pre-trial motions to strengthen your case or challenge the opposing party’s arguments.
- Settlement negotiations: Throughout the process, we will engage in settlement negotiations with the goal of reaching a fair agreement without the need for a trial. However, if a reasonable settlement cannot be reached, we are fully prepared to take your case to trial.
- Trial: If a settlement cannot be reached, your case will proceed to trial, where our skilled litigators will present evidence and arguments on your behalf before a judge and jury.
- Appeal: In the event that the trial outcome is unsatisfactory, we may file an appeal to have the case reviewed by a higher court.
It’s important to note that the specific legal process may vary depending on the details of your case and the jurisdiction in which it is filed. Additionally, there are time limits, known as statutes of limitations, for filing a personal injury lawsuit. In most cases, the statute of limitations in California is two years from the date of the accident or injury.
Frequently Asked Questions (FAQ) on Newport Beach Bicycle Accidents
What should I do after a bicycle accident?
After a bicycle accident, your first priority should be seeking medical attention, even if your injuries seem minor. Some injuries, such as whiplash head injuries, may not be immediately apparent. Once you’ve received medical care, document the accident scene with photos and witness statements, and contact a trusted Newport Beach bicycle accident lawyer as soon as possible.
How long do I have to file a bicycle accident claim?
In California, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the accident date. However, there are exceptions to this rule, so it’s crucial to consult with a lawyer promptly to ensure you don’t miss the deadline.
What if the driver who hit me fled the scene?
Hit-and-run accidents involving bicyclists are unfortunately common. If the driver who hit you cannot be identified, you may still be able to recover compensation through your own uninsured motorist coverage. Our attorneys can help you determine your legal options to get compensated.
Can I still recover compensation if I wasn’t wearing a helmet?
While wearing a helmet is strongly recommended for cyclists, not wearing one does not automatically bar you from recovering compensation after an accident. However, the other party may argue that your injuries were exacerbated by your failure to wear a helmet, which could reduce the amount of compensation you receive. Get the help of Libra Law Firm to safeguard your claim and assert your rights.
How much is my bicycle accident case worth?
The value of a bicycle accident case depends on various factors, including the severity of your injuries, the extent of your medical expenses, lost wages, and the impact on your quality of life. A skilled Newport Beach bicycle accident lawyer can evaluate your case and provide an estimate of the potential compensation you may be entitled to.
How can an Newport Beach bicycle accident lawyer help me?
An Newport Beach bicycle accident lawyer can help you in several ways, including:
- Investigating the accident and gathering evidence to establish liability
- Negotiating with insurance companies on your behalf
- Representing you in court if a settlement cannot be reached
- Ensuring that you receive fair compensation for your losses
- Providing guidance and support throughout the legal process.
By hiring a skilled and experienced bicycle accident lawyer, you can focus on your recovery while your legal rights are protected.
Injured in an Newport Beach Bike Accident? Contact Libra Law Firm Today.
If you or a loved one has been injured in a bicycle accident in Newport Beach, don’t hesitate to contact Libra Law Firm at (888) 565-3214 for a free and confidential consultation. We will guide you on your best legal avenue for compensation, and we’re well-equipped to represent you in a personal injury claim. Call us today.