Glendale Fatal Bicycle Accident Lawyer

Maison Law represents the families of fatal bicycle accident victims in Glendale. If you’ve suffered the untimely loss of a loved one in a fatal bicycle accident due to the careless driving of another, the Wrongful Death Attorneys at Maison Law are here to help.

Our skilled attorneys will provide you and your family with the legal expertise needed to recover funeral costs, emotional damages, and financial losses sustained due to the unfortunate incident. Contact us today for a confidential, no-cost consultation to understand the legal options available.

Do I Need a Lawyer for a Fatal Bicycle Accident in Glendale?

Glendale, unfortunately, has a poor reputation for serious bicycle injuries. With its high accident rates and dangerous roads, the city is not exactly designed to keep bicyclists safe when riding close to traffic. According to the California Office of Traffic Safety, nearly 600 people were killed or severely injured in a traffic accident in Glendale in 2021.

So, if you’ve suffered the sudden loss of a loved one to a fatal bicycle accident in Glendale, one of the best things you can do to help your situation is to consult with a Wrongful Death Lawyer. A lawyer will file a wrongful death lawsuit against the liable parties to ensure they’re held accountable for compensating those who have had to endure the loss of a family member or loved one.

A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death 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
• Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
• 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

Proving Wrongful Death in a Glendale Fatal Bicycle Accident

When dealing with a wrongful death scenario, it is not always easy to prove fault.
The following are four elements of evidence necessary to prove fault in a fatal car accident case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. In a fatal bicycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

In the case of a fatal bicycle accident, the careless, or reckless, act could be several things. On the road, the most common causes of fatal 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 car 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 bicycle accidents in California.

Do I Have a Wrongful Death Case?

After the untimely loss of a loved one, it is common to wonder if you have a wrongful death case. In legal terms the following acts are common causes of a wrongful death:

• Negligence (careless actions)
• Premises liability
• Vehicular manslaughter
• Murder

If your loved one lost their life due to one of these acts, you may have grounds to sue the individual, company, or government entity who committed this act against the decedent. Both the executor of the deceased person’s estate and the decedent’s remaining family members can file a wrongful death lawsuit. According to the Code of Civil Procedure, section 377.60, the following people can be compensated for a wrongful death:

• A surviving spouse or domestic partner: the law requires they were legally married, or legally partnered before the deceased’s accident occurred.
• Children of the deceased: children and stepchildren are permitted to file a wrongful death claim for the untimely loss of their parent.

• Grandchildren: if the children of the decedent have already passed, then grandchildren can file a wrongful death claim.
• Anyone entitled to the property of the decedent: according to California intestate succession laws, intestate succession means any person who has been allowed by the law to inherit the decedent’s property if the decedent did not have a will. These people typically include the decedent’s parents and siblings.

If you are uncertain about your situation, contact a Glendale Wrongful Death Lawyer at Maison Law. The sooner you contact an attorney, the better the chance of winning your case. Our firm understands how traumatic these circumstances can be for families, which is why we’re here to help you reach a fair settlement for your loss and relieve whatever financial strain you’ve been forced to endure.

What Factors Influence a Fatal Bicycle Accident Settlement?

Settlement amounts in fatal bicycle accidents vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case. These details include:

• 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: if the accident was caused by a careless driver, then your settlement will most likely come from their insurance policy. 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 for compensation.

These details are often revealed through legal processes. An experienced attorney will guide you through each one step by step. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:

• Interrogatories: written questions both parties must answer under oath
• Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
• Request for production of documents: all documents to back up each party’s claims must be presented to both sides
• Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims

What is the Typical Settlement Amount for a Fatal Bicycle Accident in Glendale?

It is difficult to assign a dollar amount to the grief and trauma experienced by the surviving family members of a fatal car accident. However, the severity of your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety) will give you an idea of what you can expect from a wrongful death settlement. These damages combined include:

• The financial support received from the decedent
• Loss of income the decedent would have continued to earn
• Funeral and burial expenses
• Loss of benefits the family would have received from the decedent
• Loss of consortium
• Mental trauma and anguish associated with the loss of a loved one

Wrongful death settlements are, on average, more than most settlements. The purpose of a wrongful death settlement is to place a value on the loss of companionship, life, and income. Although no amount of money can ever equal to the life that was lost, the settlement should reflect the amount of loss the family has been forced to experience.

FAQ

Q: What is California’s “one action” rule?

A: California’s one-action rule says all eligible family members must participate in the same wrongful death lawsuit. This prevents each family member from attempting to sue the liable party multiple times.

 

Q: What is the process for filing a wrongful death claim or a survival action?

A: To file a wrongful death claim or a survival action, your first step is to meet with an attorney. Maison Law representatives are available 24/7, and we are happy to set up an appointment with you over the phone or in person.

 

Q: How does wrongful death DUI differ from wrongful death?

A: In cases where drunk driving led to a fatal accident, families may be able to claim additional punitive damages. These damages are rare in wrongful death accidents because those accidents are typically done out of carelessness, rather than extreme recklessness like drunk driving. Punitive damages serve as a punishment to the drunk driver for their wrongdoing.

Contact a Fatal Car Accident Lawyer in Glendale

If you’ve lost a loved one due to the careless driving of another, the fatal car accident attorneys at Maison Law do not back down from complex wrongful death cases. We advocate aggressively on the side of families who need compensation for the untimely loss of a loved one. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services and you will not be charged a cent unless we win your case.