Lemon Grove Bicycle Accident Lawyer

Bicycle accidents are common in Lemon Grove as the city is abundant in narrow streets. Often, drivers don’t look out for bikers in the street as most of their concern is with other automobile vehicles. Accidents are prone because bicycles are smaller, and bikers do not have as much external protection as a car.

According to the Bike Coalition San Diego County, we experience around 300 bicycle accidents yearly in San Diego, among which larger automobile vehicles hit bikers. At the same time, negligence from the biker’s point of view, too, can cause devastating accidents. That is when a Lemon Grove bicycle accident lawyer may be of help.

Here is a brief rundown on everything associated with a bicycle accident in the city and the steps you will need to follow if you get into one. 

Do I Need a Lawyer for a Bicycle Accident Claim in Lemon Grove?

The simple answer is yes. 

It is true that the state of California allows you to independently pursue your case, file a claim, and even file a lawsuit on your own. If the case is simple, that may be a good option for you too. But you must consult with a Lemon Grove bicycle accident lawyer, no matter the severity of your case. 

We often have witnessed insurance companies taking advantage of victims’ vulnerability and inexperience. They intend to make the settlement amount as minimum as possible from the defendant’s side. They have contacts with their lawyers to create strategies to make you believe it is all you are owed, and they might even make up your share of faults. Identifying such wrongdoings and holding them accountable can be incredibly difficult when you are on your own. A legal advisor or representative from a professional injury attorney can help identify their mistreatments.

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Why Choose Shamon Law As Your Personal Injury & Accident Lawyers?

An injury can leave you with mounting medical expenses, lost income, and an inability to participate in your life fully. No accident victim should be left to fend for themselves.

Shamon law understands how important these cases are for our clients. Our experience includes going up against the big insurance companies and winning. We use our expertise to develop powerful cases, negotiate the best possible settlements, and win cases at trial.

No Fees Until You Win

With no fees until you win, you won’t owe us a dime unless we win your case.

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Multi millions in recoveries for our clients. Recognized as Top 40 Law Firm by The National Trial Lawyers

Thousands Of Happy Clients

Our company has worked with thousand of happy clients over the years and we are proud to have helped them achieve their goals.

We Are Undefeated

We are undefeated because we never give up. We never give up because we believe in ourselves. We believe in ourselves because we know that we are capable of anything. We are capable of anything because we are undefeated.

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How Can a Bicycle Accident Attorney in Lemon Grove Help?

When you reach out to an accident attorney, they will first help you identify whether your case demands hiring an attorney or consulting is enough for you. For instance, if it deals with complicated fault division among multiple parties or severe long-term injuries, it is best to hire one. 

They will then collect evidence, investigate and negotiate with the defendant’s insurance company. Alongside, they will handle all paperwork, from application forms to evidence documentation, all the talking with the insurance, and all meetings. The chances of any possible mistakes will be removed as your lawyer is a professional who is trained for this and does similar jobs multiple times a day. They will represent you in the settlement meeting. If there is an agreement, they will help you with the release forms, and you will receive the cheque through them. If the settlement fails, they will guide you through filing a lawsuit and represent you throughout the pre-trial, trial, and post-trial stages.

Common Causes of Bicycle Accidents

In Lemon Grove, most bicycle accidents are due to automobile drivers. However, bicycle riders are also responsible for many such accidents. Around 20% of the fatal bicycle accident victims had a 0.08 blood alcohol concentration, per data from the National Highway Traffic Safety Administration.

Some common causes of bicycle accidents are:

  • Drunk riding/driving
  • Distracted riding/driving 
  • Tiredness or fatigue
  • T-bone crashes
  • Head-on collisions 
  • Rear-end collisions 
  • Speeding 
  • Poor road/weather conditions

Common Injuries Bicyclists Suffer in Accidents

Bike accident victims often suffer severe injuries as there is no extra layer of protection between them and the forceful impact made upon them by a larger automobile vehicle. 

Some common injuries sustained by bikers in Lemon Grove, CA, are: 

  • Head injuries
  • Brain injuries 
  • Spinal cord injuries
  • Broken bones 
  • Damage or tearing of muscles
  • Lacerations 
  • Internal bleeding 

What to Do After you get into a Bicycle accident in Lemon Grove?

Here are five steps you can follow when you are injured in a bicycle accident.

Step 1: Seek Medical Help

The first and most important thing to do is seek medical help. If you sustained injuries that required emergency medical attention, chances are, 911 was called, paramedics arrived, and your treatment has been started. If not, ask someone to take you to the hospital immediately. If you attained mild injuries, visit your doctor immediately or as soon as possible. We recommend consulting with a doctor at least once, even if you don’t feel any pain or injuries. This will help diagnose any invisible injuries that may have caused severe damage in the future.

Step 2: Call The Police

The California Vehicle Code section 20008 states that every able party or witness of a vehicle accident must call the police or the California Highway Patrol within 24 hours to report the accident. If there was an injury or loss of more than $1000, the accident must be reported to the California Department of Motor Vehicles within 5 days per the Vehicle Code section 16000

We suggest calling the police after your injuries have been cared for to ensure that the accident has been reported to the authorities.

Step 3: Consult with a Lemon Grove Bicycle Accident Attorney

It is important to consult with an attorney before sharing the details of your standpoint in the accident with the defendant’s insurance company. If you say anything wrong without the counseling of a lawyer, they may focus on that until the investigation and use it against you. 

Reach out to a personal injury lawyer right after you leave the hospital. They will review your case and educate you on everything you need to know about the rights the state grants you and how much you are owed based on the insurance policies. They will determine a tentative compensation and guide you through your conversations with the insurance company.

Step 4: Gathering Evidence and Investigating the Accident

The medical and authority reports are primary evidence of your bicycle accident. Your injury attorney will also help you collect other evidence like photo or video documentation, security camera footage of the accident, as well as witness testimony. If your case deals with complex injuries, they will bring in medical experts who have experience treating similar accidental injuries. All the pieces of evidence will be properly documented. Based on them, your lawyer will investigate the fault sharing of the accident and determine the amount you deserve for your injuries or damage. During the negotiation, they will take it to the insurance company and demand fair compensation.

Step 5: Settlement and Filing a Lawsuit

If all your evidence is solid, and the negotiation went well, the settlement amount was agreed upon by all the involved parties and their insurance companies. You will have to sign a release form, and you may receive the settlement cheque within 2 to 4 weeks. 

If there was a disagreement, you have the right to file a lawsuit against the defendant’s insurance company for unfair counterarguments and not giving you the amount you deserve. With the assistance of your Lemon Grove bicycle accident attorney, you can file a lawsuit. Your case will then be presented before a judge or a jury, and the success of the case depends on their verdict.

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Compensation for Your Bicycle Accident Claim in Lemon Grove

In San Diego County, California, accidental injury damage compensation is of three types.

Economic Damages

Economic damage compensations cover all the expenses that came out as direct outcomes of the accident that you initially had to pay out of pocket. It includes medical expenses, lost wages, cost of repair, therapy or rehabilitation, etc.

Non-Economic Damages

Non-economic damages are compensations for losses like pain and suffering or degradation of the quality of life. Such losses are not measurable in prices, but non-economic damage compensations intend to balance the suffering with a different kind of gain.

Punitive Damages

Punitive damage compensation is charged to a defendant by the court as a form of punishment if they were involved in negligence or intentional tort. For example, if the defendant had a choice to prevent the accident but intentionally chose an action that put someone else in danger, they will have to cover for the punitive damage charges to the plaintiff along with the economic and non-economic damage.

California Bicycle Accident Laws & Regulation

We have compiled some of the vital California Vehicle Codes for Bicycle accidents: 

  • Vehicle Code 21200(a): A bicycle rider must follow all the traffic rules applied to other automobile vehicles on the road. 
  • Vehicle Code  21200.5: A bicycle rider should not consume alcoholic beverages or intoxicated substances before riding a bicycle. If they are found doing so, it is considered a traffic offense, and they will be fined $250. 
  • Vehicle Code 21201(a): A bicycle must be properly equipped with a proper brake and handles below the level of the rider’s shoulders. The bicycle’s size should not prevent the rider from safely stopping it by placing their foot on the ground.

Contact a Top-Rated Bicycle Accident Lawyer Today

Getting through a bicycle accident with fair compensation can be difficult as, more often than not, the injuries are much more severe. In such a vulnerable position, having to learn about laws and insurance policies, all while figuring out how to deal with the insurance company, can be extremely difficult. You need the best injury attorney in the market to represent you. 

That is where we come in. We started out as a law firm dedicated to holding insurance companies accountable and fighting for fair compensation for accident victims. We abide by our initial purpose to this day. At Lemon Grove, Shamon Law has a team of expert accident lawyers known for their winning reputation and professional-level negotiation skills. Our attorneys have access to a wide range of resources that we utilize to build a solid case for you.

Final Thoughts

Whether you have been injured in a bicycle accident and feel helpless about what to do next, or the defendant’s insurance company is pressuring you with a settlement that you are not satisfied with; a Lemon Grove bicycle accident lawyer may be able to get you out of that situation on a fair and satisfying note. You must immediately get your situation reviewed by a legal professional and ask them for suggestions on what you can do next. No personal injury case is worth compromising the losses you experienced out of the fault of another party. Contact us today for a free consultation about the severity of your bike accident and determine how much your injuries are worth.

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Lemon Grove Bicycle Accident Lawyer FAQs

For Bicycle accidents, the statute of limitation, that is, the deadline for filing a lawsuit for personal injury, is 2 years, and property damage is 3 years from the accident date. If the injury was discovered later in time, the statute of limitation is 1 year from the discovery date.

The at-fault party is liable for a bicycle accident in Lemon Grove. If a driver hits a rider, they must compensate the injured victim out of their insurance. Or, if it were the bicycle rider’s fault, they would have to do so via their insurance company.

If you accidentally hit someone on a bike with your car, you must take responsibility for your actions and work to compensate for the injuries or damages they experienced out of your fault. You may have to get a lawyer involved and consult with an insurance company. As the defendant, your lawyer and the insurance company will help you determine the amount of compensation you must give to the victim out of your insurance.

Yes, you can file a claim if the accident was partly your fault and you also sustained bodily injuries or property damage. California follows the pure comparative negligence rule with the accident fault shared among two or more parties. The faults of all parties are calculated and divided in percentages out of a total of 100%. Depending on one’s share of the fault, the compensation amount they are entitled to will be deducted.

In Lemon Grove, CA, based on past bicycle accident injury cases, it takes a maximum of six months after an accident to get through the process of filing a personal injury claim, negotiating with the insurance company, and making the settlement. 

If you file a lawsuit, the settlement process is prolonged as the trial dates within six months to 2 years. At that time, your lawyer will conduct all pretrial processes. 

After the settlement is made, you must sign a release form. You will receive the money within 2 to 4 weeks from then through your lawyer.

In Lemon Grove, San Diego, we follow the ‘only pay if we win’ policy, where your lawyer will not charge you any amount. After the case is settled, they will be entitled to one-third of the total compensation amount, which is 33%. You will not have to pay them out of your pocket throughout the process.

You do not have to go to court to file a claim. A personal injury claim can be filed directly to the defendant’s insurance company with the assistance of your injury attorney.

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