Maison Law Accident & Injury Lawyers of Fremont represent the families of fatal bicycle accident victims in Fremont. If you’ve suffered the untimely loss of a loved one in a bicycle accident, the wrongful death Fremont attorneys are here to get you the financial support you need to get through this difficult time. Contact one of our compassionate attorneys today for a free consultation and case evaluation.
Do I Need A Lawyer for a Fatal Bicycle Accident in Fremont?
Fatal bicycle accidents can be devastating for a family, as well as members of their community. While having to deal with the loss of a loved one is difficult enough, the matter only becomes more challenging when trying to battle the insurance company for financial support. Insurance companies do not consider the full scope of damages caused by the sudden loss of a family member. That’s why it is recommended to partner with a reputable wrongful death attorney to hold the insurance companies for the full scope of your damages. Those damages include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Punitive damages can also be claimed if the decedent’s death was a result of an extremely reckless act or malice. However, punitive damages would need to be filed under a “survival action” claim, which can only be filed by specific members of the deceased’s estate.
Who Can Receive Compensation in a Fatal Bicycle Accident in Fremont?
Once a wrongful death lawsuit concludes with a settlement, it can sometimes be confusing as to who can be eligible to receive compensation. Fortunately, In California, there are laws and procedures to ensure who can be compensated. According to the Code of Civil Procedure, section 377.60, the following people can seek compensation for a wrongful death:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Anyone entitled to the deceased’s property under intestate succession law
However, if no one in the decedent’s life fits the listed people above, there are additional individuals who qualify for compensation. If a person is dependent on the decedent such as a stepchild, or parent, they can be entitled to compensation.
Vehicle Code Applies to Bicyclists
Bicyclists generally have the same rights and responsibilities as a person operating a vehicle. This is covered in California Vehicle Code 21200, which states:
“A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.”
So, while bikers are entitled to the same rights as drivers, they must follow the same laws. This applies to stopping at stop signs, yielding to emergency vehicles, and signaling for turns. If the fatal bicycle accident occurred as a result of the bicyclist violating a traffic law, it may hurt your case, but it does not mean you are no longer entitled to compensation for a wrongful death.
Most Common Causes of Fatal Bicycle Accidents in Fremont
The unfortunate reality of bicyclists is that the road is an unsafe place. Bicyclists are constantly under threat of careless drivers who are not paying attention to bike lanes, resulting in horrific accidents. According to the National Highway Traffic Safety Administration, California had the second-highest bicyclist fatalities in the United States in 2018. The most common cause of fatal bicycles accidents include:
- Bicyclist hit from behind by an unaware motorist
- Bicyclist t-boned by a vehicle not stopping at an intersection or stop sign
- Dooring a cyclist when a driver opens their door into the bike lane
- Cars or trucks turning left in front of a bicyclist, violating their right-of-way
What is the Typical Compensation for a Bicycle Accident in Fremont?
A wrongful death settlement from a fatal bicycle accident is the most effective recourse to pursuing justice for the surviving family members of the decedent. Your attorney will take legal action to hold individuals, businesses, or other accountable entities for tragically taking away your loved one. Once all the at-fault parties have been brought into the lawsuit, the value of your settlement ultimately depends on:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.
In addition to these factors are the damages you and your family have had to endure, such as:
- medical bills before the loss of a loved one
- pain and suffering
- and loss of the deceased’s income.
Contact a Fatal Bicycle Accident Lawyer in Fremont
If you’ve lost a loved one in a fatal bicycle accident in Fremont, the wrongful death attorneys of Fremont are here to give you and your family the attention you need to help you get through this difficult time. Our firm has years of experience in wrongful death cases and liability law to get clients the compensation they need to get their finances back together after the loss of a loved one. If your loved one’s death was the result of a careless act, then we will hold them responsible. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.