Bicycle Accident Attorneys in Sherman Oaks

Bicycling is a great way to stay fit, enjoy the outdoors and commute to work. Because of negligent drivers and sub-standard road conditions, bicyclists can suffer serious injuries or death. Injuries are often severe and it may take considerable medical care and time away from work to recover. If this happens to you, you need to get the best Los Angeles bicycle accident attorney to fight for your rights. Contact The Drexler Law Firm to receive the best representation possible and obtain the fair settlement you deserve.

What to do After a Bike Accident?

A bicycle accident is both frightening and potentially life-altering. Here are important Do’s and Don’ts following a bicycle accident:

1. DO take pictures immediately: of the scene, the location, all vehicles involved and all visible signs of injury.
2. DO locate any and all witnesses who were at the scene of the accident and get their contact information. These witnesses may be critical to proving liability at a later stage of your case.
3. DO get ALL information possible from the other parties involved in the accident: insurance information, phone numbers, addresses, drivers license numbers, etc
4. DO what you can to get the police to report to the scene. A traffic collision report can be vital in proving fault. Usually, police only come to the scene only if they are told that there are physical injuries, airbags deployed or damage to government property.
5. DO take your time to catch your breath and think as clearly as possible when you describe your injuries to the officer. Go through your entire body from head to toe and explain every part that is injured or feeling any pain. When this information is written up in the police report, it will go a long way in proving the legitimacy of your claims.
6. DO preserve your Garmin/GPS system and your bike, as these will provide objective, physical evidence of what happened.
7. DO go to the emergency room or your primary care physician as soon as possible to get examined. Not only will this provide proper documentation of your claimed injuries, it will guarantee that you discover and receive treatment for all medical issues arising from the accident. Plus, insurance companies will penalize you for any delay in seeking treatment.
8. DO immediately find your insurance paperwork. As a cyclist, your own auto insurance will provide coverage. You need to verify your coverage for uninsured motorist coverage, medical payments and property damage.etc. Making sure you have adequate coverage and knowing your policy limits before an accident happens, will provide the best protection for you and your family.
9. DO NOT speak to an insurance adjuster or give any statement to an insurance company before you have consulted with an experienced cycling accident attorney. Simply tell them to contact your attorney. Your attorney will walk you through the process and take necessary action to protect your rights and prosecute your claims to the fullest extent of the law.

Learn more about what to do after a cycling accident.

Should You Hire a Bicycle Accident Lawyer?

The legal system is complicated and fighting for a fair settlement can be overwhelming. In California, a bicyclist is found at fault in an accident 60 percent of the time. A Los Angeles car accident attorney with extensive experience in the area of personal injury understands the complexities of the legal system and can help accident victims get the compensation they deserve. A qualified attorney can help you open an investigation and guide you through the necessary legal steps. For these reasons, you should retain a qualified Los Angeles bicycle accident attorney with expertise in bicycling accidents and a proven track record in winning personal injury cases and trials.

Bicycle Accident Statistics at a Glance

There are several important statistics regarding bicycle accidents. Almost 70 percent of all bicycle accidents occur in urban areas, with approximately 30 percent happening in rural areas. Between the hours of 3 pm and 8 pm are when the most bicycle accidents occur.

Unfortunately, serious bicycle accidents are increasing in California. In 2010 there were 623 fatalities. In 2016 there were 840. In California, bicycle deaths account for 4 percent of all vehicle accident deaths. This is double the national average.

Common Causes of Bicycle Accidents

There are several main causes of bicycle accidents.

• Impaired Driving – Drugs and alcohol are sometimes a factor in car and bicycle accidents.
• Impaired Visibility – Oftentimes drivers don’t see a bicyclist due to weather conditions or poor lighting.
• Inadequate Bike Lanes – Too many streets and highways don’t have enough room or sufficient biking lanes for bicyclists to ride safely.
• Distracted Driving – Sometimes drivers drift into bike lanes. Other times they are texting or on the phone.

What are the California Cycling Laws?

You Must follow the Vehicle Code // CVC 21200
Before we even begin explaining the rules of the road, it’s important to note the most important: all bicyclists must follow the laws outlined in the California Vehicle Code.

You Must Ride With Traffic // CVC 21650
Bicyclists must travel on the right side of the road and move in the same direction as traffic.

You Must “Hug The Curb” // CVC 21202
Cyclists may NOT take the lane and MUST hug the curb (as close as possible) except in 3 limited circumstances:

1. passing another slow moving or stopped vehicle (or cyclist)
2. when making (preparing to make) a left turn
3. when avoid road hazards (like debris)

You Have the Right to a Presumed Bike Lane // CVC 21208
In California, cyclists have the right to a 3-feet-from-the-curb bike lane, but the Vehicle Code requires you to hug the curb.

You Can Ride on Sidewalks
There is no statewide law in the California Vehicle Code about riding on sidewalks. However, according to some local ordinances, such as in the city of Los Angeles, you may ride your bike on the sidewalk. Otherwise, you must ride on the road. Check with your local ordinance to learn if it’s legal in your municipality.

You Must Not Stop In Crosswalks // CVC 21455
Be sure to respect pedestrians and always stop before you enter the crosswalk, not in the middle of the crosswalk.

You Must Ride With Lights & Reflectors At Night // CVC 21201(d)
When riding at night, you or your bike must be equipped with:

• a white light that is visible from a distance of 300 feet in front of the bike.
• a red reflector or a solid or flashing red light with a built-in reflector on the rear that is visible from a distance of 500 feet.
• a white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
• a white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle.

You Must Wear A Helmet If You’re Under 18 Years Old // CVC 21212
If you’re under 18 years old, you must wear a helmet that meets the standards of either the American Society for Testing and Materials(ASTM) or the United States Consumer Product Safety Commission (CPSC).

You Cannot Cover Both Ears with Earbuds or Earplugs // CVC 27400
We actually discussed this in depth on our blog. Learn more about the new California driving laws and how they affect cyclists.

You Must Have Brakes That Work // CVC 21201(a)
This seems obvious, but the real point is to make sure to double-check that your brakes are in good, working condition before every ride. It’s not just illegal, it’s not safe.

You Must Ride a Bike That Fits You // CVC 21201(c)
You must be able to safely stop your bicycle and support it upright with at least one foot on the ground.

You Have the Right to Three Feet of Safety // CVC 21760
Vehicles that pass a cyclist may not pass at a distance of less than 3 feet from the cyclist.

What is the Statute of Limitations for Bringing Bicycle Accident Claims?

The statute of limitations is the time limit individuals or groups have to initiate some type of legal proceeding. The statute of limitations in cycling injury claims begins when the incident occurs. In California there is a two-year limit in which to file a claim for a bicycle accident. The time limit to bring a claim against a governmental entity is 6 months.

Exceptions to this limit include when an individual was incapable of filing a claim because of  mentally incapacity and injured minors who have until they are 18 years old to file a lawsuit.

How is Fault Determined in a Bicycle Accident?

Whoever is negligent is responsible for damages. Negligence in California is defined as failing to act in a reasonably prudent manner. This means it is necessary to prove that the driver was negligent and the driver’s negligence caused the accident.

In California cases where both parties are partly responsible, the law of Comparative Negligence allows a cyclist who is partially at fault to recover according to the percentage of relative fault. This means if the driver was 75 percent at fault and the bicycle rider was 25 percent at fault, the bicyclist is awarded 75 percent of damages. The bicyclist is responsible for the remaining 25 percent for their part in the accident.

What Types of Injuries Do Bicyclists Suffer?

Injured cyclists may suffer from a variety of severe injuries in accidents.

• Fractured Bones
• Severe scarring and “road rash”
• Internal Organ Damage
• Spinal Cord Damage
• Traumatic Brain Injuries (TBI)
• Psychological Damage; Post Traumatic Stress

What Type of Compensation Can You Expect?

If you have been injured in a bicycle accident, you may have extensive injuries and large medical bills. You may also have considerable loss of earnings. You have the right to pursue a claim for damages and receive compensation to cover your expenses and losses. There are typical areas of damages that you may receive compensation for.

• Medical Treatment: Bills for ambulance, emergency treatment, hospital stays, surgeries, prescriptions, physical therapy, and rehabilitation costs.
• Property Damage – Property damage includes a damaged bicycle, helmet, items on the bike, and clothing.
• Lost Wages – Missing time from work can amount to a substantial loss of income as well as future income that might potentially be lost due to the extent of your injuries.
• Pain and Suffering: This includes compensation for pain and suffering, emotional distress and the overall diminution in your quality of life.

Learn more about the types of compensation you can receive after a car or bicycle accident in Los Angeles.

The Drexler Law Firm Understands Cycling Injuries: We Lived It

The Drexler Law Firm has over 50 years of combined legal experience. We have fought for individuals who have suffered from bicycle injuries and also know first-hand what it’s like to be in a serious cycling accident. Attorney David Drexler was struck by a motorcycle rider while cycling on Mulholland Drive, and had to be emergency airlifted to the UCLA trauma center. Our legal team knows first-hand what is required to recover damages in a serious bicycle accident. Insurance companies may want you to settle for less than your case is worth. Whether the case is settled or needs to go to trial, the Drexler Law Firm will fight for you. When you need the best Los Angeles bicycle accident attorney available, contact us at the Drexler Law Firm.

Serving Sherman Oaks, San Fernando Valley, and Greater Los Angeles

We provide legal services to the community in and around Sherman Oaks, the San Fernando Valley, the Greater Los Angeles area and Southern California. The Drexler Law Firm is conveniently located off of Interstate 405 and U.S. 101 at 13808 Ventura Boulevard, Sherman Oaks, California. Our office is in the shopping and business area between Mammoth Avenue and Matilija Avenue with free parking located behind our building.

How Should You Get Started?

The first step is to call The Drexler Law Firm. We can answer all your legal questions regarding your right to seek out damages for the injuries you or a loved one have suffered. We’ll help you understand the process and each step you need to take. If you need a Los Angeles bicycle accident attorney, call the Drexler Law Firm and get started today.