Maison Law offers representation to all victims of bicycle accidents in Oildale and throughout Kern County. If you or somebody close to you has been injured in a bicycle accident or you have tragically lost a loved one in an accident, contact an Oildale bicycle accident lawyer for a free consultation as soon as possible.
Oildale is a popular hotspot for bicycling by individuals of all ages. In fact, many cycling trails run through Oildale, including the Kern River Parkway Trail and Porterville Rails to Trails Parkway where cyclists can enjoy an entire day to themselves or with their family. Though it is nice to enjoy the exercise and fresh air that cycling offers, it can also be dangerous. With no protection except for the possible helmet, a cyclist is at risk for serious injuries or even death when they are involved in an accident with any type of vehicle.
Do I Need an Oildale Bicycle Accident Lawyer After an Accident?
Far too many cyclists get on their bikes believing that they will experience a normal and fun day, only to become involved in a serious collision with any type of large vehicle. One wrong move by a motorist could lead to a collision with severe consequences for a cyclist, who has few protections as they hit the concrete with force.
It is true that not every bicycle accident will warrant the assistance of an attorney. You may not need an attorney, for example, if there was only property damage or if you have not sustained injuries past normal bumps and bruises.
You will likely need the help of a lawyer if you have experienced any of the following scenarios:
- Your accident was completely or partially caused by another party
- Your injuries required a hospital stay or long-term care
- You were forced to miss time at work during your recovery
- Your life has otherwise been impacted by the bicycle accident
Determining that another party acted negligently and is at fault for your accident is not always an easy thing to do on your own. In these situations, having a lawyer on your side can be extremely beneficial.
Types of Oildale Bicycle Accidents
The actions of a motorist too frequently lead to a severe bicycle accident that can risk the life of the individual involved. Though some bicycle accidents happen due to mechanical failures, uneven road surfaces, or the limited skills of a cyclist, most occur when a driver is not paying attention to the road and cyclists around them. When a motorist fails to yield the right-of-way or simply does not see a cyclist, serious injuries and damages can result. Some of the most common types of bicycle accidents involving motorists include the following:
Right Cross Collision: These accidents occur when a cyclist is moving with traffic on the right side of the road and a driver suddenly pulls out from a street or driveway on the cyclist’s right side. In these cases, a motor vehicle strikes the cyclist or pulls out in front of the cyclist, causing them to collide with the driver’s side. These collisions typically happen in residential areas but can happen anywhere.
Left Cross Collision: These accidents happen when a cyclist is traveling with traffic flow and a motorist makes a left turn in front of the cyclist.
Rear-End Accident: Due to road hazards, a cyclist on the right side of the road might swerve to avoid a crash. In doing so, a motor vehicle could strike the cyclist from behind, leading to a severe rear-end collision.
Right Hook: These collisions occur when a cyclist is on the right side of the road and a motorist passes the cyclist on the left. From there, they make a right turn into the path of the cyclist, wrongfully believing that they have enough room and will not strike them.
Dooring Accident: In a “dooring” accident, a motorist opens their left side door when a cyclist is passing them. In most of these cases, it happens so quickly that a cyclist cannot move out of the way in time and crashes into the door.
Injuries Most Commonly Present in Bicycle Accidents
Some factors put bicyclists at risk of serious injury, such as not wearing a helmet while riding or a collision happening at high speeds. The injuries that result from a bicycle accident can range anywhere from minor to severe, affecting many aspects of your life. Some of these injuries include the following:
- Head injuries, such as skull fractures or brain contusions
- Facial and eye injuries
- Fractures and dislocations
- Injuries to the chest or abdomen
- Spinal cord injuries
The injuries that you may suffer due to a cycling accident can be noticed right away or could take some time to appear. This is why, no matter what injuries you have sustained, you should always seek immediate medical attention for your well-being and the future of your claim.
Damages Available to Oildale Bicycle Accident Victims
If you can show that another party is at fault for your accident, you can file a personal injury claim for damages. These damages include economic and non-economic losses that you have sustained due to your bicycle accident and what you will experience in the future. Personal injury damages are supposed to make you feel whole again after an accident and can include any of the following:
Medical Expenses: It is not uncommon to have ongoing medical costs associated with a bicycle accident due to the severity of these accidents. These include hospital bills, doctor’s expenses, medication costs, future medical care, rehabilitation, and more.
Lost Wages: In many cases, a bicyclist will lose time at work after a serious accident. An at-fault party will owe you support from the income that you were unable to earn.
Loss of Earning Capacity: Sometimes, the injuries are so severe that you will not be able to return to work in the future. This is especially true in cases where you have sustained permanent disabilities due to your accident. Loss of earning capacity damages can help you recover from these lost financial opportunities.
Property Damage: You may be able to claim costs for the repair or replacement costs associated with your bicycle.
Pain and Suffering: Pain and suffering damages are non-economic losses that do not encompass a set amount. You may be able to recover from mental anguish, anxiety or depression, emotional trauma, or losing enjoyment out of your life following a bicycle accident.
Wrongful Death Damages: In the most severe cases, a family could tragically lose somebody closest to them in a bicycle accident. Specific family members can seek damages on behalf of the loved one that they have lost to help with expenses during these difficult times.
Of course, depending on your accident and its circumstances, you may qualify for many other damages that are not mentioned here. A case evaluation from a knowledgeable lawyer can guide you in the right direction when it comes to what to expect from your claim.
Staying Aware of Insurance Tactics After a Bicycle Accident
The insurance company involved in your claim is only looking out for their own interests, which is something that you have to remember after a bicycle accident. Odds are that you will hear from the insurance adjuster soon after your accident, which can put you in a desperate situation and affect your claim later on down the road.
There are some insurance tactics that you have to keep in mind, as the insurance adjuster might try to use your words against you in the future to deny or devalue your claim.
Calling Immediately After an Accident: The insurance company might try to contact you immediately after your bicycle accident to catch you off guard or to ensure that you do not know the full extent of your damages. They might act exceedingly polite to give you a trusting impression. However, it is important to remember that they are not on your side and are trying to get you to let your guard down.
Asking for a Recorded Statement: The insurance adjuster might ask for a recorded statement, which seems as simple as you telling them what happened at the time of the crash. However, they will attempt to use your statement as a tool to keep damages from you in the future as they gather information that they believe they can use against you.
Offering a Quick Settlement: It might seem tempting to take a quick settlement offer because you need the money now. You want to ensure, however, that you know the full extent of your injuries and other damages first before you accept any low offer that the insurance company makes. As injuries worsen, you want to make sure that you are covered.
Denying Liability: The insurance company could altogether deny liability and claim that the bicycle accident was completely your fault. The insurance company is hoping that you will give in and admit fault or that witnesses won’t speak up so that there is no real determination of fault. In the end, they are hoping to pay you less than you deserve or nothing at all.
Misrepresenting the Law: Some adjusters might tell you that the low settlement that they offer you is fair based on the law or that you cannot recover certain damages. This is not true and is just a tactic that some companies use because they believe you are unfamiliar with the law.
Because it can be difficult and chaotic to deal with insurance companies, speaking with a lawyer is one of the best ways to avoid these unfair tactics. A personal injury attorney will be familiar with the law and can advise a victim of their rights during these challenging and complicated times.
Frequently Asked Questions
Are there time limits on how long I have to bring a claim?
Yes, you must abide by the statute of limitations in California when bringing a personal injury claim, which is two years from the time of your accident or when you noticed your injuries. If you miss this deadline, you could be barred from bringing a claim for damages in the future.
If I believe I was partially at fault for my bicycle accident, can I still bring a claim?
Yes, you can still bring a claim even if you were partially at fault for the bicycle accident. Your damages, however, will be partially reduced by your percentage of fault. This means that, if you were 40% at fault for the accident, you could only recover 60% of damages.
What happens if another driver’s actions caused my accident even if we did not actually collide with each other?
You can still bring a personal injury claim if the other party caused your accident but you never actually collided. If you are forced into a position where you have to take evasive measures on a bicycle due to a motorist’s behavior, you can still pursue a claim for damages.
Contact an Oildale Bicycle Accident Lawyer
Bicycle accidents involving motorists can become a complex matter with many laws in the mix. The course of your life can quickly become altered due to an unexpected bicycle accident, leaving you with bills and no chance of returning to work for the time being. If you or someone you love has been affected by a bicycle accident, do not hesitate to contact a compassionate and trustworthy lawyer at Maison Law.
Maison Law has represented victims of bicycle accidents in Oildale and beyond for years. With an in-depth understanding of bicycle accident laws, we will provide you with the necessary resources and give you a voice against the large insurance companies. Your consultation is free and confidential, with no upfront fees expected until your case is won. This will give you time to focus on your physical recovery.
