Newport Beach Bicycle Accident Attorney
Newport Beach is abundant in bicyclists that share the same road as other motor vehicles. The city witnesses around 90 to 100 bicycle accidents every year where at least one accident victim loses their life, according to data by the City of Newport Beach. In 2020, 1,260 people lost their lives to fatal bicycle accidents, while 325,173 people were injured in California, per the National Safety Council report.
Bicycles often go unnoticed, especially on turning roads, making them vulnerable to other vehicle accidents. Because of the direct impact made on the rider, there are higher chances of sustaining serious injuries. If you find yourself injured in a bicycle accident in the Newport Beach area, it is best to find a professional personal injury attorney who will guide you through all the procedures of attaining fair compensation that pays for your losses.
Do I Need A Lawyer For A Bicycle Accident Claim In Newport Beach?
Personal injury cases are overwhelming. One, because you may still be recovering from your injuries and are already vulnerable because of the sudden accident. Two, because you may have little to no knowledge or experience with legal and insurance policies. Stepping into your defendant’s insurance company meetings regarding the compensation amount without understanding it may lead you towards downfall.
We have witnessed cases when the insurance company offers a large amount to victims and convinces them that this is all they can get. The victims accept the offer because it does seem like a lot at the moment. But in reality, the severity of their accidental injury is worth a lot more than that.
A Bicycle Accident lawyer will eliminate the possibility of being seen as easily susceptible to the insurance company’s tactics. Having a legal advisor or representation will help you understand what they offer and argue that you deserve more with concrete evidence your lawyer will help you gather.
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How Can A Bicycle Accident Attorney In Newport Beach Help?
To break it down, here is how a bicycle accident attorney will help with your case.
- First, they will listen to your standpoint and review all the facts about the case. Depending on the complexity of demanding a claim, they will suggest whether you can pursue it independently or if hiring a lawyer would be best.
- When you take your case to a lawyer for a free consultation, they will help you understand all legal and insurance policies relating to your case. Even when you pursue it independently, this awareness can fuel your confidence in demanding what you deserve from the defendant.
- If you work with a bicycle attorney, they will also help you gather all evidence. Law firms have more contacts and resources to back the facts of the scene. With a lawyer, you will have solid evidence and fewer spaces for questioning.
- They will handle all phone conversations, emails, and meetings with the defendant’s insurance company.
- They will investigate the case and handle the negotiation processes. If there is a disagreement, they will help you file a lawsuit and represent you in court.
- After a settlement, your lawyer will help you with the release form, and you will receive the final check through them.
Types Of Bicycle Accidents That Occur In Newport Beach, California
Here are different types of accidents reported in Newport Beach.
1. Ignoring Traffic Rules
A bicycle must follow all the traffic rules on the road as an automobile vehicle has to. Often, cyclists may not consider that and break traffic rules like stopping at a red light, riding in the wrong lane, etc.
2. Overtaking Accidents
Either when a bicycle overtakes another vehicle or vice versa, the automobile vehicle driver may not notice the bicycle.
3. Left-Cross Collision
When a bike crosses the opposite lane while making a left turn, another vehicle in the opposite lane may hit them.
4. Right-Cross Collision
When a vehicle is getting out of a driveway or parking on the right side of the road, a bike on the road is in its blind spot, which leads to a collision.
5. Opening Car Doors
When a car is parked on the right side lane, and a bike passes by it, it may hit the biker when the driver opens the door.
6. Rear-End Collision
A speeding vehicle may hit head first on the back of a bike if the bike suddenly hits the brakes.
7. Side-Swiping Accidents
Often, with larger automobile vehicles, when a bike is passing on their right side, they may swipe the biker from their side, dragging them forward for some seconds and pushing them over to the side of the road.
8. Speeding and Crashing
When cyclists speed, they may lose control and crash on the road. If there is heavy traffic, other vehicles may also crash with the fallen biker.
9. Crosswalk Collision
When a bicycle is crossing the road on a crosswalk, and a vehicle running over a stop sign collides with them.
Common Causes Of Bicycle Accidents In Newport Beach
The most common causes of bicycle accidents are:
- Failure of mechanical parts of the bike
- Inexperience
- Not following traffic rules
- Road rage
- Riding after drinking or consuming intoxicated substances
- Dangerous road conditions
- Using a defective or improper-sized bike
- Tiredness or fatigue
- Having clothing items or bags stuck to the chain or wheels of the bike
Common Injuries Bicyclists Suffer In Accident In Newport Beach, CA
The following is the list of possible injuries reported in Newport Beach City bicycle accidents.
- Head injuries or skull fractures
- Traumatic Brain Injuries(TBI)
- Facial injuries
- Spinal cord injuries
- Neck and shoulders injuries
- Leg/arm fractures
- Muscle injuries
- Broken bones
- Cuts and bruises
California Laws On Bicycle
Here are some important laws every biker must know when biking in California.
Vehicle Code 21202(a): Except when overtaking or making a left turn, a bicycle must stick to the right-hand side of the road as close as possible.
Vehicle Code 21211(a): A vehicle is not allowed to stop at the bicycle lane of a road at any point. This does not apply to garbage trucks and tow trucks.
Vehicle Code 21206: Bicycles are not allowed to ride on the sidewalks without the ‘OK for bikes to be on the Sidewalk’ sign.
Vehicle Code 21960: Bicycles are prohibited from riding on freeways by the California Department of Transportation.
Helmet laws:
- All bicyclists must wear a safety helmet that meets all requirements.
- The helmet law also applies to everyone under 18 when riding any non-motor vehicle (bicycle, tricycle, scooter, roller skates, skateboard) on the road, street, bikeway, or sidewalk.
- A fine of $25 is charged when one is found riding a bicycle without a helmet.
What To Do After You Get Into A Bicycle Accident In Newport Beach?
If you find yourself severely injured in a bicycle accident, ask someone to call the paramedics immediately. If you are not seriously injured and can still move around, help the other injured party get out of the accident and call 911. Seeking medical help for all injured parties is your number one priority after the accident. Even when you feel less pain or don’t feel any pain, immediately get yourself checked in case you sustain any injuries that may cause more damage later on.
If it is safe and possible, try taking a photo or video of the scene once every injured individual is being treated. At the same time, gather the contant informations of other pary members as well as the witnesses of the accident. If 911 wasn’t called for emergency care, you must call the police or the California Highway Patrol (CHP) to report the accident within 24 hours.
Once your injuries are being cared for, and the accident has been reported, you will have to deal with the defendant’s insurance company to demand compensation for all your suffering.
This is the time to reach out to a Newport Beach bicycle accident attorney, either work under their guidance or hire one. From that point, they will review your case, help you gather evidence, and negotiate with the insurance company.
Compensation For Your Bicycle Accident Claim In Newport Beach
Bicycle accident claim compensation is divided into three damages types.
Economic Damages
Economic damage compensation refers to compensation for direct expenses incurred after the accident. It may include medical expenses, property repair, medication expenses, therapy, lost wages, etc. Initially, you may have had to cover them out of pocket or out of your personal insurance. Some medical facilities in Newport Beach offer medical liens services, where they offer a temporary loan for your medical payment and are later liable for the amount from the economic damage compensation you will receive.
Non-Economic Damages
Non-economic damages are impersonal losses you experienced from the accident that cannot be measured in price or gained back with money. The pain and suffering you had to go through, giving up things you enjoyed doing, or the demotion of the quality of your life comes under such damage. While they cannot be paid out, non-economic damage compensation is intended to balance the losses by adding a different kind of financial ease to the victim.
Punitive Damages
Punitive damage compensation, on the other hand, is charged by the court to the defendant with the sole purpose of punishing the defendant if they were guilty of negligence or intentional tort. If the bicycle accident was preventable, but the defendant’s choice disregarded the victim’s safety, they are charged with such damages.
Contact Top-Rated Bicycle Accident Lawyer
It is a proven fact that 61% of personal injury cases involving road accidents are successful in winning fair compensation if an attorney is involved, per data from the US Bureau of Justice Statistics. Having a top-rated bicycle accident on your side to guide you or represent you throughout the case increases the chances of earning back the compensation you deserve.
Nordean law has professional attorneys with experience handling bicycle accident-related personal injury cases for years. We are a passionate team of lawyers practicing expertise in standing up for accident victims and preventing the opposing party’s insurance company from taking advantage of their clients. Our reputation of winning over the maximum benefits for our clients makes us stand out in the market. You can contact us today for your free consultation services if you are in need of a detailed review and guidance for your bicycle accident case.
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$5,800,000
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$1,250,000
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$1,000,000
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$633,000
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$480,000
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$450,000
Slip and Fall
$2,000,000
Auto V. truck
$500,000
auto v. Auto
Final Thought
Bicycle accidents come out of sudden and may create significant losses and changes in your life. No one deserves an unfair settlement after having to suffer from someone else’s faults or negligence. The personal injury law grants you compensation to make it easier to get your injuries treated, lighten the financial strain, and recover your state of life with the insurance.
To ensure smooth personal injury case processing, you need a professional bike accident lawyer to help you out in every step of the case. You will not only receive maximum benefits via legal representation but also have a support system on your side and make it easier to handle insurance companies when you are physically restrained due to your injuries. Contact us today.
FAQs About Bicycle Accidents In Newport Beach, CA
Many people understand what happens after a car crash, but they are unsure about bike collisions. Some frequently asked questions about bicycle accidents in Newport Beach, California.
Can A Lawyer Help Me When A Roadway Defect Causes My Bicycle Accident?
Yes, a bicycle accident lawyer can be of immense help if you have a bicycle accident due to a roadway defect. Roadway defect cases can be more complicated because your defendant may be the local government or the local road management in charge. You may have to file a claim against a government agency. A lawyer will guide you through all policies associated with such cases and represent you throughout.
Are Bike Helmets Required In California?
California law for helmets requires anyone under the age of 18 to wear a helmet when riding a bicycle on the road. However, the state advises all adults to wear helmets for safety reasons.
How Long Do I Have To File A Claim After A Bicycle Accident In Newport Beach, CA?
We suggest filing an injury claim immediately after your bicycle accident in Newport Beach once your injuries are treated or cared for. According to the statute of limitation in California, you must file the claim for personal injury within 2 years and property damage within 3 years of the accident. Therefore, you must ensure that the settlement process with the insurance company is settled within six months of the accident, so you still have the time to file a lawsuit if needed.
Will My Bicycle Accident Case Go To Trial?
If the settlement is not made during the negotiation meeting with the defendant’s insurance company, as you are still not satisfied with the offered amount on their end, you have the legal right to take the case to court by filing a lawsuit. In that case, yes, your bicycle accident case might go to trial.
How Can I Prove Liability In A Bicycle Accident Case In Newport Beach, CA?
For a bicycle accident, you can prove your liability by the medical report that defines and describes your injuries, the police report of the accident, video or photo documentation of the accident scene, security camera footage, witness testimony, etc.
How Much Is My Bicycle Accident Case Worth?
The worth of every personal injury case depends on the type of accident, the severity of the injuries sustained by the parties, and the sharing of fault among all parties. On average, a bicycle accident case in California is worth $20,000 to $40,000.
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