Maison Law supports victims injured in bicycle accidents in California. 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 who’s suffering, our law firm can help. Contact Maison Law for a free, no-risk consultation to explore your legal options.
Pursuing a Claim Against DoorDash
If a DoorDash delivery driver causes an accident and you suffer injuries, the driver’s personal insurance coverage will provide some coverage for your damages. However, if you’ve suffered serious injuries beyond the DoorDash driver’s insurance policy, then DoorDash’s insurance will cover the excess costs.
DoorDash driver insurance policies can cover up to or more than a million dollars. However, whether or not you have access to that insurance policy will be dependent upon if the driver was actively performing a task for DoorDash at the time of the accident.
This is why the details of your accident matter when it comes to receiving compensation for your damages, especially when pursuing a claim against a corporation such as DoorDash. Certain circumstances can complicate a personal injury lawsuit against a DoorDash driver who parked in a bike lane. These circumstances include:
- There is a dispute or uncertainty about whether the driver was in the process of delivering food for DoorDash or not when the accident occurred
- The DoorDash driver did not have the legally required insurance coverage
- The DoorDash driver’s insurance policy excludes commercial activities such as working for DoorDash
- The DoorDash driver was on a street that permitted parking in the bike lane
Do I Need a Lawyer to File a Claim Against a DoorDash Driver?
If you only suffered minor scrapes and bruises from the accident, then you most likely won’t need a lawyer. However, if your injuries require medical treatment or cause you to miss time at work, then it is recommended to consult with a Personal Injury Attorney. An attorney can help you:
- Investigate and determine wrongdoing or recklessness: Delivery driver accidents are complicated due to the amount of potential liable parties involved. Typically, there will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collect and preserve key evidence: DoorDash driver logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim against the liable party’s insurance.
- Communicate with insurance companies and other attorneys: When dealing with major corporations and defense attorneys, it is recommended to have a personal injury attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Prove liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
California Bike Lane Law
According to California Vehicle Code 21760, motor vehicle drivers overtaking and passing a person on a bicycle traveling in the same direction must provide at least three feet between the vehicle and the bicycle when passing. If the driver and bicyclist are in the same lane, then the driver is required to move to another lane before passing. If a passing lane is not available, then the driver must slow down and wait to pass until the bicyclist is not in danger.
California law also states that no one is allowed to block a bikeway, bike path, trail, or any path formed for the movement of bicyclists. However, certain vehicles or objects may block the lane when necessary. CVC 21211 goes on to specify:
“(a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.
(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.
Common Bicycle Accident Injuries in California
Medical professionals are no strangers to bicycle accident injuries. According to the American Academy of Family Physicians, bicycle injuries account for 1.2 million doctor visits and 580,000 emergency visits per year. Although collisions with motor vehicles only involve a minority of bicycle accidents, they’re most responsible for the majority of injuries and fatalities. The most common bicycle accident injuries include:
- Brain injury: brain injuries are far more likely when bicyclists fail to wear their helmets. Although a helmet will not entirely protect you against a 3,000-pound vehicle, it can still reduce the risk of serious brain injury. According to the Insurance Institute for Highway Safety, 62% of all fatal bicycle accidents involved bikers without helmets.
- Facial injury: bicycle injuries typically involve facial injuries due to the lack of protection on a rider’s face. Common facial injuries include:
- Broken jaw bone
- Missing teeth
- Fractured cheekbones
- Damaged eye sockets
- Spinal cord injury: considered one of the most dangerous injuries, spinal cord damage can most likely become permanent, affecting the entire body. A blunt hit to the spinal cord can cause:
- Loss of movement
- Loss of sensation
- Loss of bladder control
- Difficulty breathing
- Trouble with balance and walking
How are Injuries Calculated in a California Bicycle Accident Settlement with DoorDash?
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 an 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 California DoorDash Accident Lawyer
If you or a loved one have been injured due to a DoorDash driver who parked in the bike lane, the experienced Personal Injury Attorneys at Maison Law can help. We understand how to deal with the difficult insurance adjusters of major corporations and protect accident victims’ rights to fair compensation. Maison Law offers all victims and their family members a free, no-risk consultation. No upfront money is required, and we only get paid if we win your case.
Contact Maison Law today for a no-cost, confidential consultation.
