Many Californians are avid bicyclists and enjoy the paths, trails, and roads the Golden State has to offer. Additionally, many people like to ride their bikes to and from work. However,
California’s Department of Motor Vehicles (DMV) reports that each year, the Golden State sees over 100 bicycle fatalities and 10,000 injuries due to bicycle collisions.
Despite the great weather, flat terrain, and bike infrastructure in Costa Mesa, there are areas that remain dangerous for bicyclists, including three streets that have the highest rates of bicycle accidents: Harbor Boulevard, West 19th Street, and Newport Boulevard. These accidents can be traumatic and cause serious injuries to the bicyclist.
If you’ve been injured in a bicycle accident in Costa Mesa caused by someone else’s negligence, a bicycle accident lawyer can be your greatest asset, especially when dealing with insurance companies. Here, the bicycle accident lawyers of Case Barnett Law discuss how we can guide you through the claims process, how to help ensure you’re treated fairly by insurance companies, and how we can help you secure fair compensation.
Driver Responsibilities: Passing Bicycle Riders
In California, vehicle drivers have a responsibility to give bicyclists space when passing them. There is a Three Feet for Safety Act that requires drivers who overtake and pass a bicycle that is moving in the same direction on the road to do so “at a safe distance that does not interfere with the safe operation of the overtaken bicycle.”
The law mandates drivers to provide a three-foot buffer between their vehicles and bicycles when passing. However, the law also recognizes that this may not always be possible due to “traffic or roadway conditions.” In such circumstances, the driver must do the following:
- Slow to a reasonable and prudent speed when passing
- Pass only when doing so won’t endanger the safety of the bicyclist
Bicycle Injuries: Dealing With Insurance Companies After an Accident
It’s important to remember that insurance companies are for-profit businesses, and their goal is to minimize their payout to accident victims. That means they want to pay you as little as possible for your bicycle accident injuries. Insurance adjusters may sound caring and concerned when they talk with you, but they’re trained to ask you questions in a way that may cause you to make mistakes that put your compensation at risk.
Our bicycle accident attorneys know the tactics used by insurance companies and can advise you on how to communicate with them. Additionally, they can take over communication completely while you recover from your injuries. They can help reduce the stress of dealing with insurance companies during your recovery and know how to protect your legal rights. Here are ways our attorneys can help you when dealing with insurance companies:
- We will discuss why it’s important to stay off social media while pursuing your bicycle accident personal injury claim. And if you must post, why it’s critical that you’re cautious about what you say. We’ll explain how insurance companies may use the information you post against you.
- We’ll explain why it’s important to only give your insurance company the basic facts about the accident.
- We’ll advise you not to accept initial settlement offers from the insurance company and explain why your claim is likely worth more.
- We will discuss California’s comparative negligence laws, how they might affect your compensation, and how insurance companies may use them against you.
Comparative Negligence Laws: How They Impact Bicycle Accident Compensation
California follows a pure comparative negligence system, which can significantly impact compensation in bicycle accident cases. This legal framework directly affects how much you can recover after a bicycle accident.
Understanding Pure Comparative Negligence
Some states have contributory negligence laws that bar financial recovery if the injured party bears some responsibility for the accident. However, California allows injured parties to receive compensation even if they are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 80% at fault for the crash, you can still recover 20% of your damages. Understanding how comparative negligence works in California is crucial for injured victims of a bicycle accident.
How Insurance Companies Use Comparative Negligence Against Bicyclists
Often, California insurance companies try to use comparative negligence laws to reduce the amount of compensation they must pay. They may claim the following:
- The bicyclist’s percentage of fault is higher than it really is
- The bicyclist violated Costa Mesa municipal codes or other bicycle laws
- The injured victim had pre-existing conditions, and those conditions helped cause the accident and the injuries—thus overstating the bicyclist’s percentage of fault
- That proper safety equipment would have prevented or reduced injuries, thus overstating the victim’s percentage of fault
How We Fight the Insurance Companies
Insurance companies often succeed in assigning bicyclists a higher percentage of fault than the injured victim deserves. This reduces the compensation they pay out for medical expenses, lost wages, and pain and suffering. When you hire our experienced bicycle accident attorneys, we will help fight the insurance company’s attempt to use comparative negligence laws against you by doing the following:
- Gather evidence that helps prove the driver’s greater degree of fault
- Consult with accident reconstruction experts who will help establish an accurate fault distribution
- Demonstrate that you followed bicycle safety laws and practices
- Challenge inappropriate applications of local ordinances
- Highlight how driver negligence was the primary cause of the accident
- Present evidence of road hazards or unsafe conditions that may have contributed to the accident
The Benefits of Hiring a Bicycle Accident Attorney
Most people have never had to deal with the legal process, and after your bicycle accident, you may not know what steps to take. Our bicycle accident lawyers know what to do and can help with the following:
- Build a strong bicycle accident personal injury claim
- Show how the driver’s carelessness and negligence caused your accident
- Communicate on your behalf with the insurance company
- Calculate the damages from your accident
- Fight for full compensation for your losses
The attorneys at Case Barnett Law are seriously knowledgeable in bicycle accident law.
They understand the specific laws and regulations related to bicycle accidents, which can be critical in building a strong case.
Additionally, there are other advantages of hiring a lawyer for your bicycle accident case, including the following:
- Assist you in understanding your legal alternatives because they are knowledgeable about the subtleties of the law
- Assess your claim objectively, explaining the benefits and drawbacks of your position—so you can make more informed decisions
- Evaluate your claim and identify all potential sources of compensation
- Accurately calculate the full amount of damages—now and in the future
- Represent you in court if a fair settlement can’t be reached
- Present your case in front of a judge or during settlement negotiations with skill and experience
Why Hire Case Barnett Law
When you’ve been injured in a bicycle accident, you don’t have to hire a lawyer to help with your personal injury claim. However, we highly recommend it. If you have serious injuries from your crash, it’s beneficial to hire the attorneys at Case Barnett Law. Our knowledge of the law, negotiation experience, and ability to communicate with insurance companies can be enormously helpful in obtaining fair compensation for your injuries. When you retain our firm, we can quickly gather evidence to help build a strong case while you focus on your recovery. We can also help provide you with peace of mind, and you’ll know your case is in the hands of attorneys who care about getting you the most compensation possible.
At Case Barnett Law, we have experience helping victims of bicycle accidents defend their rights and pursue the compensation they need to cope with the stress of post-accident life. Read our case results to learn how we’ve helped victims of bicycle crashes just like yours.