Hakim Injury Law: Bicycle-Accident

How Does A Bicycle Accident Lawyer Win You A Case?

March 11, 2024

Bicycle accident lawyers have been very busy in recent years. Since 2010, the number of bicycle accidents has increased 50 percent. At best, these victims only have thin bicycle helmets to protect them from serious injuries. Furthermore, most bicycle crashes occur outside of intersections. So, the tortfeasor (negligent driver) is often traveling at or near top speed at the moment of impact.

Safety measures, such as wider bicycle lanes and lower speed limits, could reduce or eliminate bicycle wrecks. However, many local governments don’t adopt such measures mainly because of bikelash. Car and truck drivers generally oppose the aforementioned initiatives, mostly for selfish reasons.

When bureaucrats and politicians fail to protect people, a California Bicycle Accident Lawyer takes on this responsibility. Attorneys protect victims by holding tortfeasors responsible for the bicycle accidents they cause. This responsibility includes paying compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

What Causes Bicycle Accidents?

Quite simply, driver error causes over 98 percent of the bicycle accidents in California. The two most common kinds of driver error are:

  • Operator Impairment: Substance impairment is the most common kind of driver impairment. Roughly 50 percent of drivers who caused fatal crashes were under the influence of drugs and/or alcohol. Severe fatigue (driving after eighteen consecutive awake hours) affects the brain and body in similar ways. Other kinds of driver impairment include driving with a serious medical condition and while distracted.
  • Aggressive Driving: Speeding is the most dangerous kind of aggressive driving. Excessive velocity increases the risk of a wreck and the force in a collision. Other kinds of aggressive driving include turning unsafely, ignoring a traffic control device, and changing lanes unsafely. If an emergency responder cites the tortfeasor for an aggressive driving violation, it’s easier for a bicycle accident lawyer to prove negligence.

Tortfeasors are individually responsible for the vehicle collisions they cause. A third party, like an employer, is frequently financially responsible for damages in these cases.

Injuries Sustained

The severity of the injuries is a key component in a personal injury settlement, same as construction accidents. Expensive medical bills mean high compensation. Additionally, seriously hurt victims look like, well, seriously hurt victims.

Safety innovations in modern cars and trucks, such as seat belts and airbags, protect vehicle occupants during vehicle collisions. But modern bicycles haven’t changed much since their invention in the 1850s. A bicycle still has two wheels, handlebars, and a seat.

Today’s four-wheel vehicles are also much bigger and faster than ever before. Therefore, in a collision, bicycle riders usually sustain serious injuries, like:

  • Internal Injuries: The force of a collision normally throws riders off their bikes. When they land, their internal organs smash against one another. The liver, stomach, and other internal organs don’t have protective skin layers. So, even a slight abrasion causes internal bleeding that’s hard to locate and even harder to stop.
  • Broken Bones:  Hard landings don’t just break bones. They usually shatter them. This massive injury forces doctors to surgically reconstruct these bones using metal screws, pins, and other parts. Extensive surgery means a longer recovery time, which means more extensive physical therapy. Even after physical therapists complete their tasks, these victims usually have lingering mobility issues.
  • Head Injuries: The aforementioned bicycle helmets are usually made of foam or plastic. These helmets protect riders who hit curbs and fall off their bikes. But they don’t protect riders in high-speed collisions. The force is too great. Head injuries, which are degenerative, kill over 50,000 Americans every year.

On a related note, evidence suggests that bicycle helmet safety is greatly exaggerated. Thin helmets provide little protection. Additionally, small helmets don’t protect the vulnerable nerves in the cervical spine.

Bicycle Accidents Lawyers and Liability Issues

To bring it all together and obtain maximum compensation, a bicycle accident lawyer must build a solid case that’s strong enough to refute insurance company defenses.

The aforementioned driver errors are usually negligence or a lack of care. They usually aren’t accidents. People accidentally leave the lights on. They don’t accidentally drive while intoxicated or speed recklessly.

Injury severity often relates to liability. If Bill strained his neck when Td crashed into him, to many jurors, the crash was an accident. If Bill broke his neck, Ted appears negligent.

Comparative fault might be the most common insurance company defense in bicycle accident claims. If Bill rode through a stoplight, jurors might shift some of the responsibility for the crash off Ted. If that happens, the court will reduce Bill’s compensation accordingly. Other insurance company defenses often pop up in rear-end or sideswipe bicycle accidents, including last clear chance and sudden emergency. Crash victims deserve compensation for their injuries.

 Consult Our Experienced Bicycle Accident Lawyers

For a free consultation with an experienced bicycle accident lawyer in Beverly Hills, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.

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Sharona Hakim

Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.

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