Maison Law supports victims injured in bicycle accidents in Gilroy. If you or a loved one are suffering from injuries you received in a bicycle accident, the Bicycle Accident Lawyers at Maison Law can help.
Bike accidents are horrific in nature, requiring extensive medical treatment due to how often they occur with other motor vehicles on the road. If you’re a bicyclist in Gilroy who’s suffering, our law firm is here to get you the compensation you need. Contact Maison Law for a free, no-risk consultation to explore your legal options.
Do I Need a Lawyer for a Bicycle Accident in Gilroy?
Bicyclists in Gilroy have an abundance of bike paths to choose from. Many of the streets in Gilroy are bicycle-friendly, allowing cyclists, pedestrians, and motorists to share the road together and commute throughout the city. Gilroy even provides bike safety education classes and resources to keep cyclists safe on the roads.
However, with motorists and bicyclists traveling so frequently throughout the city, the slightest mistake from anyone else on the road can result in catastrophic injuries for cyclists. It is important to note that if you only suffered minor scrapes or bruises from a bicycle accident, you may not need a lawyer. It is recommended to consult with a lawyer after a bicycle accident if:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. An attorney can ensure both.
- Wrongful death: If a loved one has passed away due to the accident you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the accident, but are not at fault, an attorney can protect and assign liability to the at-fault parties. Also, an attorney can reduce liability if you are liable to some extent.
- Multiple parties involved: Multiple parties make cases complex. An attorney can manage your case while protecting your best interests and right to compensation from all liable parties.
- False police report: If a police report places blame on you, and you disagree, an attorney will gather evidence to support your claim.
Get the legal support you need after a bicycle accident by contacting an experienced Bicycle Accident Attorney today to receive the maximum compensation for your damages.
Right-of-Way Laws for Bicyclists in Gilroy
California Vehicle Code 21200 awards cyclists the same rights and responsibilities as drivers. This entitles bicyclists to the right-of-way just like all the other drivers on the road. However, it is important to remain aware of motorists as not all drivers recognize this law or respect the rights of bikers on the road. Other laws outlining the rights of bicyclists on the road include:
- California Vehicle Code 21209: this law prohibits other drivers from driving in the bike lane except to park in permitted areas, or when leaving or entering the roadway.
- California Vehicle Code 22517: this statute covers dooring. Dooring is when a driver opens their vehicle door into the path of an oncoming rider. Under this law, no driver shall open the door of their vehicle on the side that is available to moving traffic unless it can be done in a reasonably safe manner and without interfering with moving traffic.
- Bicyclists in traffic: cyclists are required to ride as close to the right side of the road as possible except when they’re trying to avoid a hazard, turn left, or when passing. They are also required to signal their movements when turning or preparing to change lanes.
- Riding on sidewalks and crosswalks: California allows cyclists to ride legally in crosswalks. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks.
Dealing with Insurers After a Gilroy Bicycle Accident
When it comes to bicycle accidents, insurance companies will not hesitate to shift blame onto the bicyclist for causing the accident. So, for example, let’s say you’re biking through a high-traffic area like Gilroy’s Historic Downtown District. You’re pedaling in your bike lane as traffic is passing you and all of a sudden a parked car on your right swings open their car door in your path.
You try to swerve, but you end up colliding with the door at a high speed and suffer a serious head injury. In this situation, a representative from the vehicle owner’s insurance company will most likely contact you shortly after the accident. While they may seem concerned, their job is to minimize the costs they owe you.
An insurance rep will be looking for you to accept some liability for the accident, even if they know you are not at fault. They will even try to use your words against you, or get you to admit that your injuries are not that serious.
In these situations, it is recommended to NEVER admit fault. In fact, you do not have to speak with any insurance company representative if you do not want to. Our firm can do that for you. So, if you’re concerned about liability or receiving adequate compensation, contact Maison Law for help with managing your bicycle accident claim.
Most Common Causes of Bicycle Accidents in Gilroy
According to the National Safety Council, not only are bicycle accidents involving serious injuries on the rise, but so are the number of fatal bicycle accidents that occur each year. This has to do with the rapid growth of certain cities, especially more economically appealing and outdoor-centric places like Gilroy. The most common reasons for bicycle accidents include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal accidents in California.
What is the Typical Compensation for Gilroy Bicycle Accidents?
There is no set dollar amount for the trauma and pain experienced by bicycle accident victims. However, a Bicycle Accident Lawyer will help you understand the value of your case by calculating your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety). These damages combined include:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
How are Injuries Calculated in a Gilroy Bicycle Accident Settlement?
There are several factors used to calculate a bicycle accident settlement. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement. However, those factors will all be decided by the severity of your injuries. When assessing the severity of injuries sustained from a car accident, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.
Contact a Gilroy Bicycle Accident Lawyer
If you or a loved one have suffered injuries in a bicycle dooring accident, the Bicycle Accident Attorneys at Maison Law can help. Our firm has years of experience in bicycle accident law and will aggressively pursue fair compensation on your behalf.
If you incurred damages as a result of another person’s careless act, then we will hold them responsible to the full extent of the law. Contact Maison Law today for a no-risk, no-cost case evaluation.
