If you are involved in a Carlsbad bike accident due to another driver’s negligence, you are entitled to compensation for the injuries and other damages you incurred from the crash. However, you must identify and prove the at-fault party to initiate a claim.
Read on to learn who can be held liable for the bike crash and why having a Carlsbad personal injury lawyer by your side is essential.
How Dangerous is A Bicycle Accident?
While auto vehicle drivers face different risks when traveling, bicyclists are more vulnerable to danger. This is because a biker’s body is more exposed to imminent danger than a driver protected inside a car. Furthermore, bicycles are more challenging to be seen on roads and streets compared to full-size auto vehicles.
In the United States, the following statistics are recorded every year:
- 1,000 deaths are attributed to bicycle accidents, and
- over 130,000 fatal injuries from bike crashes.
Most bicycle accidents result in the following injuries that may lead to further complications:
- knee pain,
- head injuries,
- neck or back injuries,
- broken leg or hip,
- damaged ribs, and
- road rash.
If you are involved in a bike accident in Carlsbad, it is best to seek medical attention immediately to determine your injuries and avoid further harm.
What Insurance Covers Bicycle Accidents?
Several types of insurance policies can cover the damage expenses of a bike accident. You may consider the following if you are involved in a bicycle crash:
The At-Fault Driver’s Insurance Policy
If a driver hits you, you may file a claim to receive compensation from the other driver’s insurance provider. In such cases, you must prove that the driver’s negligence caused your accident through the following elements:
- The driver had the duty to ensure all road users’ safety.
- They neglected this duty.
- The breach caused your bicycle accident.
- The crash resulted in injuries and other damages.
When proving negligence, you will need sufficient evidence to support your claim.
Underinsured Or Uninsured Motorist Coverage
Uninsured or underinsured motorist coverage can settle the damage costs of your bike accident if you are hit by a driver who does not have insurance. This may also be applicable if the policy limit of the at-fault driver is inadequate to cover the damage expenses.
Coverage for uninsured and underinsured motorists can pay for the following:
- healthcare expenses for injuries sustained in the bicycle accident, and
- bicycle repair or replacement bills.
Homeowner’s or Renter’s Insurance
In the event that you are hit by another biker that results in damages, their homeowner’s or renter’s insurance coverage can pay for the damage accident’s damage expenses. This type of insurance covers the policyholder’s home and personal goods, including your bike.
Your Health Insurance
If you hit a stationary object and no other drivers are involved in the bike accident, you may use your health insurance to pay for the medical expenses.
Depending on the facts of the case, the following insurance may help cover your financial responsibility in a Carlsbad bike accident. However, you will likely need a personal injury lawyer to investigate your case and determine which insurance policy can be used for your accident.
What Types of Compensation Can I Claim for My Bicycle Accident?
If you are involved in a bicycle accident resulting in fatal injuries, you will likely recover several types of compensation to make up for the crash’s damages. These include the following damages:
| Economic Damages (financial losses) | Non-economic damages (non-monetary losses) |
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A personal injury lawyer can help you maximize your payout by quantifying non-monetary losses, such as pain and suffering. On top of that, they can also examine if you are qualified for punitive damages. These are costs given to victims of accidents if the at-fault party’s actions are deemed extreme or malicious.
Who Can Be Responsible for a Carlsbad Bike Accident?
Bike accidents are hazardous to cyclists. Did you know a cyclist is 12 times more vulnerable to injuries than a vehicle driver in an auto collision? In 2020, out of 333 fatalities and injuries from auto crashes, 56 were from Carlsbad bike accidents.
While you are entitled to compensation, establishing liability is the first thing you must do when filing a claim.
The Driver is Liable for the Crash
A bike accident may happen for several reasons. However, bicycle crashes usually occur due to auto drivers’ negligence. The most common reasons why a driver hits a cyclist are the following:
Distracted driving
Distracted driving is demonstrated when a driver commits another activity while driving, losing their focus on the road. This can be texting, eating, or talking to another person while operating the vehicle. Unfortunately, there were 3,142 deaths attributed to distracted driving in 2020.
Impaired visibility
A driver can have impaired visibility due to different causes, such as:
- Driving under the influence of alcohol or drugs,
- Driving at night,
- Driving in poor weather conditions, or
- Going with a direct obstruction of view, such as dirty windshields or windows.
In most cases, the police enforcer will include important information in the accident report, such as time, weather, and location of the crash, which will help you identify and prove the party accountable for the Carlsbad bike accident.
Failure to yield
The leading factor in fatal bike crashes is failing to yield the right of way. Some drivers are so aggressive on the road that they neglect the right-of-way rule in California, which allows users to cross intersections or roundabouts safely.
Unfortunately, a bike accident is more dangerous for cyclists, as they will likely incur severe injuries. If you have the following symptoms after a Carlsbad bike accident, you must seek medical attention immediately:
- Neck or shoulder pain,
- Headache,
- Back pain,
- Unusual body sensations,
- Irritability,
- Poor sleep,
- Fatigue,
- Difficulty with concentration,
- Memory loss,
- Depression,
- Dizziness,
- Arm, hand, or wrist strain or sprain,
- Ringing in the ears, or
- Blurred vision.
Similar to any personal injury claim, your health must come first. So, make sure that you get the medical care you need. If you have a Carlsbad personal injury lawyer, they will help you receive the proper medication and treatment. Aside from that, they can sort out your claim while you are recovering from the injuries.
The Cyclist Caused the Accident
In some cases, a cyclist may be responsible for a bike crash. A cyclist’s negligence can be identified in the following manner:
- Driving dangerously, such as while distracted,
- Neglecting rules and safety guidelines,
- Passing a red light,
- Riding against traffic,
- Not giving way, and others.
Suppose you are entirely at fault for the bike accident. In that case, you may use your liability coverage from your homeowners or renter’s insurance policy to cover the other driver’s property damage and injuries.
However, you may pursue a personal injury claim and receive compensation if you are less than 50% at fault for the Carlsbad bike accident. The settlement amount will be reduced based on how much the driver was responsible for the crash.
A Carlsbad bicycle accident attorney will determine liability in a bike crash and provide legal options if you are entitled to compensation.
A Third-Party Is Responsible for the Carlsbad Bike Accident
There are several instances where the culprit for the bike accident is neither the driver nor the cyclist. This can happen in different circumstances, such as:
Poor road conditions
A bicycle and auto vehicle may collide due to poor road conditions. The maintenance of the road can affect all drivers. For instance, a driver runs on broken concrete, which causes their tire to break. The driver then loses control of the vehicle, causing it to hit a bicycle nearby.
Poor road conditions include the following defects:
- Potholes,
- Missing or unclear road signs,
- Broken concrete,
- Uneven road surfaces,
- Missing barriers and guardrails, and others.
In such instances, you may file a claim against the local government responsible for managing the public roadways. However, you must hire a Carlsbad personal injury lawyer who can meet tight deadlines and time frames for such claims.
Your Accident Was Caused by Vehicle or Bike Defects
Sometimes, there are unforeseen circumstances where the car or bike malfunctions, leading to a bicycle crash. If a manufacturer distributes a flawed vehicle, they can be liable for the injuries and damages from the Carlsbad bike accident. When this happens, you must prove that the defect caused the collision.
What to Do in a Carlsbad Bike Accident
If you find yourself in a bike accident in Carlsbad, make sure to do the following to ensure your safety and gather evidence at the accident scene:
- Check if you have injuries.
- Seek medical attention immediately.
- Call 911.
- Exchange information with the vehicle driver, such as their name, home address, and insurance provider.
- Collect other evidence, such as photos of the accident scene and witness testimony.
- File an initial accident report.
- Cooperate with the police.
- Connect with a Carlsbad personal injury lawyer.
These tips will help you collect evidence to prove liability if you pursue a bike accident claim. Aside from this, you may also request a copy of the police report to support your case.
Do I Need A Carlsbad Bicycle Accident Attorney?
The answer to this question relies on your eagerness to receive fair compensation. If you want to maximize your claim, a Carlsbad personal injury lawyer will investigate your bike accident and determine legal options that suit your needs.
A Carlsbad bicycle accident attorney can:
- Examine the facts of your case,
- Gather evidence,
- Prove liability,
- Determine all types of damages to be included in your compensation,
- Negotiate a fair settlement, and
- Proceed to court if necessary.
A bike accident is not easy to handle, especially if you have to heal from severe bodily injuries. This is why it is best to contact a legal expert who can deal with your claim while you focus on your health.
Jacoby & Meyers has competent Carlsbad personal injury lawyers with decades of experience handling bike accidents. We have a proven track record and solid credibility when it comes to winning personal injury claims. Contact us at 800-500-0000 for a free consultation. We want to help you today.
Jacoby and Meyers. Because You Deserve Justice.