Were you the victim of a bicycle accident in Walnut Creek, CA? A serious incident can leave you struggling with debilitating injuries. An experienced Walnut Creek bicycle accident lawyer at The Herman Firm can help you fight to recover compensation for medical bills, lost wages, pain and suffering, and more.
Our lawyers have nearly a decade of experience fighting for accident victims in Contra Costa County. We’ve successfully recovered millions of dollars in compensation to help those clients get back on their feet again.
How The Herman Firm Can Help After a Bicycle Accident in Walnut Creek
Riding a bike has many benefits. It’s better for the environment, relatively inexpensive, and great exercise. However, bike riding also comes with serious dangers when you’re sharing the road with larger vehicles. If you’re involved in a traffic accident, you’re much more likely to suffer serious injuries than occupants in passenger vehicles.
Drivers don’t always pay attention to cyclists in the bay area. If you were injured due to someone else’s negligence, our Walnut Creek personal injury lawyers can help you pursue fair compensation.
At The Herman Firm, we have nearly ten years of experience in personal injury law. We’ve been recognized by California Super Lawyers, Rising Stars, and The National Trial Lawyers Top 40 Under 40. You can count on us to take an aggressive approach to get the best results possible.
Specifically, our lawyers will:
- Launch a full investigation to determine who caused the crash
- Assess the value of your personal injury claim
- Work with respected experts and specialists to support your case
- Handle all paperwork and administrative issues
- Negotiate with the insurance company to recover the maximum compensation possible
You deserve time to recover after an accident. The insurance company doesn’t always make that easy. Call for a free consultation today to learn more about how an experienced Walnut Creek personal injury attorney can make a difference in your case.
How Common Are Bicycle Accidents in Walnut Creek, CA?
According to the California Department of Motor Vehicles, approximately 10,000 bicyclists are injured in motor vehicle accidents each year in California. Another 100 lose their lives in fatal crashes annually.
Unfortunately, bike accident fatalities have recently reached a 25-year high in California. Between 2016 and 2018, 455 bicyclists were killed in traffic accidents. That’s the highest fatality rate for any three-year period since the 1990s when cities began installing bike lanes and other infrastructure to protect cyclists.
There are many different reasons for the uptick in bike accident fatalities. Cycling has become much more popular in recent years. Logically, with more bikes on the roads, accidents are more common. However, there has also been an increase in driving in California – and people are much more likely to be distracted by smartphones and other devices behind the wheel.
What Is My Walnut Creek Bicycle Accident Case Worth?
It’s natural to wonder how much your case is worth before starting a legal battle. Talking with an experienced accident injury lawyer is the best way to get an estimate of your case’s value.
The general rule is that you should expect a settlement that’s proportionate to the severity of your injuries.
That’s because the value of your case depends on:
- Whether you’re expected to suffer a long-term or permanent disability
- The overall cost of your medical treatment, considering both past expenses and future needs
- Your lost wages while you recover
- Whether you’ll be able to return to work once you’ve reached maximum medical improvement
- How the injury impacts your quality of life
However, it’s also possible that other unique factors can influence your case value. For example, if the insurance company can prove you contributed to the crash or failed to mitigate damages, they may be able to reduce your settlement.
It’s never easy to put a dollar value on an injury. Fortunately, our lawyers have years of experience helping clients assess their case value. We’re well-prepared to help with your personal injury case, so call The Herman Firm for a free case evaluation today.
What Types of Damages Are Available to Bicycle Accident Victims?
Your injuries are different from anyone else’s. To recover fair compensation, it’s important to identify all of the losses you’ve suffered.
These losses are called damages. You can recover damages for economic losses and non-economic losses.
Depending on the facts, you may be entitled to compensation for:
- Past and future medical expenses
- Lost wages
- Diminished earning potential
- In-home assistance
- Home and vehicle modifications
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical disfigurement and scarring
- Depression or anxiety
- Loss of consortium
California courts sometimes award punitive damages in cases involving intentional wrongdoing or gross negligence. These damages don’t represent a specific loss. Instead, they’re awarded to punish the defendant.
Can I Recover Damages If I’m Being Blamed for a Bicycle Accident in California?
Bicyclists can also contribute to the cause of auto accidents. Riding against the flow of traffic can be dangerous in Northern California, and it’s important to ride as close to the shoulder as possible. The at-fault driver might accuse you of failing to pay attention to other drivers. The insurance company could blame you for not wearing a helmet.
You don’t automatically lose your right to recover damages if you’re partly responsible. California follows pure comparative negligence laws. Each party to an accident is liable for its percentage of fault.
If you were 20% liable, your compensation would be reduced by 20%. You can still take home the remaining 80% of your settlement or verdict.
Are you being blamed for causing your own injuries? Call our lawyers in Walnut Creek to learn more about how we can protect you from unfair allegations of shared fault.
Our Walnut Creek Bicycle Accident Lawyers Will Fight to Recover Compensation for All of Your Injuries
Biking accidents can cause serious, life-altering injuries. Even relatively low-speed car accidents can be devastating for a bicyclist. Our Walnut Creek bicycle accident attorneys are here to help you fight to recover fair compensation for all of your injuries.
At The Herman Firm, we often represent clients who have sustained:
- Broken bones
- Nerve injuries
- Burns and degloving injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Crushing injuries
- Internal organ damage
- Amputations and loss of limbs
- Catastrophic injuries
- Wrongful death of a loved one
We know it can be difficult to make it into the office if you’re struggling with a serious injury. We’d be happy to arrange a virtual consultation or visit your home or hospital if you prefer. Just call our law firm to schedule your free case review today.
What Causes Most Bicycle Accidents in Walnut Creek, California?
Many different factors can contribute to a bike accident. It’s important to identify each cause so that you can pursue fair compensation from all responsible parties.
Some of the most common causes of bicycle accidents include:
- Distracted driving
- Fatigued driving
- Failure to yield the right-of-way to cyclists
- Lack of dedicated infrastructure and bike lanes
- Riding too close to the shoulder or bike lane
- Aggressive driving
- Making dangerous turns without looking for bicyclists
- Running a red light or stop sign
- Drunk driving
- Driving under the influence of drugs
- Inadequate lighting for cyclists riding at night
If you’re not sure what caused your accident, we can help. These accidents tend to happen quickly. We can conduct an investigation afterward to help you find out who was responsible.
How Do I Prove Negligence After a Bicycle Accident in California?
Proving negligence is the most common way to establish liability after a bicycle accident. Negligence is a failure to exercise the caution that a reasonable person would use under the circumstances.
To break it down, the four elements of a negligence claim are:
- A legal duty of care
- Breach of duty
- Causation, or proof that the breach of duty directly caused the accident
- Damages, or injuries that you’ve sustained
To establish these elements, you’ll need evidence. Our lawyers in Walnut Creek know how to conduct a thorough investigation.
After your accident, we’ll gather:
- Police reports
- Eyewitness statements
- Video surveillance footage
- Dashcam footage
- Medical records
In the most serious accident cases, we often hire accident reconstruction specialists to offer expert opinions about the cause of your accident.
How Long Do I Have to File a Lawsuit After a Bicycle Accident in California?
Under California personal injury laws, the statute of limitations is two years. If you don’t file a personal injury lawsuit within two years of the accident, you lose your right to seek compensation.
Contact a Walnut Creek Bicycle Accident Lawyer for a Free Consultation
It can be tough to find strong evidence once a significant amount of time has passed. We highly recommend that you speak with an experienced Walnut Creek bicycle accident lawyer sooner rather than later. To learn more about how our team at The Herman Firm can help, call for a free consultation today.