Fremont Bicycle Accident Lawyer

Maison Law Fremont represents injury victims in bicycle accidents across the city and surrounding area. These accidents can leave you or your children with serious, long-lasting injuries that you’ll have to deal with for the remainder of your life. That’s why the legal process is so important and where we can help. Contact us today for a free consultation if you’ve been injured in a bicycle accident.

Do You Need Our Lawyers?

Bicycle riding is popular in Fremont just like other areas of the state, largely due to its favorable conditions. However, this also increases the risk of accidents. Despite taking steps to protect yourself and your loved ones, there’s always the chance that you’ll be involved in one of these accidents

Preparation involves knowing your options if an accident occurs. While not mandatory, having a lawyer can simplify matters. Our established approach includes:

  • Figuring out who’s at fault.
  • Collecting and reviewing evidence.
  • Talking to witnesses and experts.
  • Handling daily tasks and talking to the other party’s insurance.
  • Negotiating for a fair settlement.

While we are happy to provide our services to you, whether or not you need us depends entirely on your circumstances. If you have minor injuries, you probably don’t have to worry about the legal side of things. But if your injuries are more in line with a typical bicycle accident, you’ll probably need all the help you can get.

Free Case Analysis

Causes of Bicycle Accidents and Who is Responsible

As you might expect, there’s a number of different underlying causes when it comes to bicycle accidents in Fremont. While a lot of these have to do with other drivers, there’s some that are unique to the city and area itself. Regardless of the cause, though, figuring out liability is crucial for your options. First of all, it’s important to look at these underlying causes:

  • Distracted driving – Drivers distracted by smartphones or GPS devices may overlook bicyclists, leading to accidents.
  • Failing to yield – Motorists not yielding to bicyclists, especially at intersections or turns, can cause collisions.
  • Dangerous lane changes – Accidents happen when drivers fail to check blind spots or signal properly, colliding with bicyclists during lane changes.
  • Dooring incidents – Drivers or passengers opening car doors without checking for bicyclists can cause collisions.
  • Speeding and reckless driving – Speeding reduces a driver’s ability to respond quickly, increasing the risk of hitting bicyclists.
  • Poor road conditions – Bad roads, potholes, debris, or lack of bike lanes increase dangers for bicyclists.
  • Driving under the influence – Alcohol, drugs, or medication impair driver reactions and decisions, posing a threat to bicyclists.
  • Low or reduced visibility – Cycling at night without reflectors or lights, or wearing dark clothing, makes it hard for drivers to see bicyclists, raising accident risks.

Liability

Again, these underlying causes will go a long way in figuring out who is responsible. But it’s not always so straightforward. To determine responsibility, you have to show negligence. In a typical bike accident, this means proving that someone:

  • Didn’t do their duty to keep you safe, which caused the accident and your injuries.

Different people or groups could be responsible for your particular bike accident, depending on what happened. Usually, they are:

  • Careless drivers – Drivers who don’t drive safely and cause an accident with a bike might have to pay for the damages and injuries.
  • Government agencies – If the accident happens because the road isn’t safe or well-maintained, the government agency in charge might be responsible.
  • Bike makers or sellers – If the accident is because the bike is broken or doesn’t work right, the company that made or sold the bike might have to pay under product rules.
  • Pedestrians or other bikers – Depending on what happened, other people like pedestrians or bikers might also be partly responsible for the accident.

Figuring out who’s responsible is extremely important for how your claim will play out because it’s this person or people that are liable for covering your damages. And in a bicycle accident, these can be significant.

Filing a Claim For Damages

When it comes to your actual options for recovering damages from your bicycle accident, it’s going to involve formally filing an injury claim. Generally, you have two ways to do this:

  • Insurance claim, where you’ll go through insurance coverage to seek financial support.
  • Personal injury lawsuit, where you’ll file a formal Complaint in civil court against the responsible party.

Both routes aim to help you recover “damages,” which are broadly categorized into two types: economic and non-economic, and cover various aspects of your injuries that came out of the accident. Here’s what you may be able to recover in a successful claim:

  • Medical expenses and costs – This includes all medical bills and treatment expenses, such as surgeries, ambulance services, consultations, and ongoing care if injuries are permanent.
  • Lost wages and earning potential – These cover any wages lost due to inability to work, or diminished earning capacity resulting from the accident.
  • Property damage – These are for the repair or replacement costs for your bike, gear, clothing, and any other damaged personal property.
  • Pain and suffering – These damages relate to the physical discomfort and mental suffering you go through as a result of the accident.
  • Emotional distress – These are separate from pain and suffering, and are built around the psychological impacts (anxiety or PTSD) resulting from the incident.
  • Reduced quality of life – These cover any changes in your personal life or relationships caused by the accident.

Although rare, there’s also the possibility of punitive damages, which are awarded in cases of extreme negligence, aiming to penalize the responsible party.

The outcome of your claim depends on various factors, including the specifics of your case, the extent of damages and injuries, and the effectiveness of presenting your case. Collaborating with our experienced team maximizes your chances of obtaining the best result. Remember, you have to file within California’s statute of limitations for an injury claim, which is two years from the date of the accident itself.

Strengthening a Bicycle Accident Claim

Like any other injury claim, what you’re able to get back is going to depend heavily on the evidence. This doesn’t just rest on things like medical records and visual evidence, which is very important. Rather, the actions you take–or don’t take–in the aftermath of the accident is going to be crucial. Here’s what you can do to strengthen your claim:

  • Move to a safe place like the side of the road or a safe area away from the bike path to stay safe.
  • Get help from a doctor right away.
  • Tell the police about the accident.
  • Share your contact and insurance information with everyone involved.
  • Take pictures or videos of the scene and important details.
  • Don’t throw away anything that could be proof of what happened.
  • Schedule another appointment with your doctor to check on your injuries.
  • Don’t fix your bike or other things that got damaged too quickly.
  • Even if you feel okay at first, don’t say no to medical help.

Even by taking these steps, it’s still up to you to present evidence for your damages. It’s here that our team can also be extremely helpful. We can help you put together medical records, accident reports, and other pieces of key evidence for your claim. But more than that, we’ll be there to support you every step of the way.

FAQs

Yes. Currently, you have two years from the accident date. Act promptly to make sure you meet it, because missing it means you can’t recover damages.

Contact the police immediately to report the incident. If possible, gather information about the vehicle and driver, like the license plate number or physical description.

Yes, it’s wise to seek medical attention. Some injuries may not be immediately obvious, so it’s important to get checked out at an urgent care or emergency room.

Contact Maison Law Fremont After a Bicycle Accident

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