Bicycles are popular in Fresno and throughout the surrounding communities of California. Most bicyclists can enjoy their time riding without having any problems, but bicycle accidents can and do happen in California every day due to various causes. Bicyclists have many of the same rights and responsibilities on the road as motor vehicle drivers, so bicycle accidents qualify as vehicle accidents in many ways. However, these accidents tend to result in more severe injuries for victims, and resolving any bicycle accident case in Fresno can be a very complex challenge for those involved.
After you or a family member has suffered injuries in a bicycle accident caused by another party, a Fresno bicycle accident attorney can help you recover as fully as possible from your damages. The right attorney is an invaluable asset for any type of civil claim in California. Even though you have the right to attempt your recovery efforts on your own, you have much better chances of success with an attorney advising you.
The Law Offices of David Davidi, APLC, has earned a strong reputation as a leading choice for personal injury counsel in Fresno thanks to our commitment to client-focused legal counsel. Our experience has shown us that there are no standard solutions to civil claims and that every client will face unique challenges as they seek the compensation they rightfully deserve. If another party caused an accident while you were riding your bike in Fresno, we can work to help you maximize the compensation you obtain from them.
Before you can claim any compensation for the bicycle accident you recently experienced, you must identify the driver who caused the accident and prove that their actions directly caused your damages. California enforces the fault rule for resolving all vehicle accident cases, including bicycle accident claims. Your Fresno bicycle accident attorney can be invaluable in helping you obtain the evidence needed to firmly assert fault for your damages.
Bicycle accidents can happen in many ways, and the evidence you will need to prove liability for your accident will depend on exactly how the accident occurred. A few of the most commonly cited causes of bicycle accidents in Fresno include:
Your Fresno bicycle accident attorney can help you secure traffic camera footage from the area where your accident occurred. They may also seek the at-fault driver’s cell phone records if you need to prove they were distracted behind the wheel when they caused your accident. Eyewitness accounts can also be tremendously helpful in a bicycle accident claim.
After you and your attorney have successfully proven fault for your bicycle accident, you can proceed with holding the defendant accountable for the losses they inflicted through their negligence or illegal misconduct. California law requires the injured bicyclist to first file a claim against the at-fault driver’s auto insurance, and if this cannot fully compensate their damages, they must proceed with filing a personal injury claim.
Every driver in California must have auto insurance that meets the basic coverage requirements for property damage and bodily injury. A successful auto insurance claim after a bicycle accident could help the victim recover some of their medical expenses and the cost of repairing or replacing their bike. However, insurance alone is unlikely to fully cover their total damages if they sustain severe injuries, and dealing with insurance company representatives in California can be very challenging.
Most insurance carriers train their representatives to look for any reason they can find to reduce settlement offers or deny claims for coverage whenever possible. Some unfortunately choose to engage in bad faith tactics, hoping that a claimant’s desperation will lead them to accept the lowest possible settlement offer. Your Fresno bicycle accident attorney can be tremendously helpful in securing a fair offer from the insurance company. An insurer is less likely to engage in any bad-faith tactics when they notice a claimant has legal representation.
After your Fresno bicycle accident attorney has helped you finalize your auto insurance claim process, you can proceed with filing a personal injury claim against the at-fault driver if you have outstanding damages that their insurance won’t cover. California’s personal injury laws allow claimants to seek compensation for all economic damages not covered by insurance, which may include:
Your total economic damages may only form part of your final case award. You also have the right to seek compensation for the physical pain, emotional suffering, and psychological trauma you endured from your accident. There is no limit to how much pain and suffering compensation a plaintiff may claim in a California bicycle accident case.
A Fresno bicycle accident attorney can help their client determine a suitable amount of pain and suffering compensation to include in their claim based on the severity of the victim’s injuries. When a plaintiff is likely to make a full recovery, their attorney might aim for a “per diem” pain and suffering award. This entails a set amount of compensation per day, multiplied by the number of days it takes the plaintiff to fully recover. If the plaintiff suffered a catastrophic injury that permanently disabled them and diminished their quality of life, the defendant may pay a large lump sum instead, calculated by multiplying the plaintiff’s total economic losses by a factor of one to five or more.
Ultimately, you could have grounds to seek much more compensation than you initially expected, and the optimal way to get the maximum amount out of your civil case is to hire the right attorney to represent you. The Law Offices of David Davidi, APLC, can thoroughly examine the details of how your accident happened and guide you through the settlement negotiation process. A settlement typically allows plaintiffs to recover from their injuries as quickly as possible. However, if the defendant denies liability, or if the settlement offer fails to produce acceptable results for any reason, our team can represent you in litigation if necessary.
Yes, it is possible for a bicyclist to bear fault for an accident or share fault for an accident. California law provides many of the same rights to bicyclists as it does to drivers, but bicyclists also have many of the same responsibilities. If you are unsure whether you bear any partial fault for causing your recent accident, it is crucial to speak with an experienced Fresno bicycle accident attorney as soon as possible.
California upholds the pure comparative fault rule, which applies whenever multiple parties share liability for claimed damages in a civil claim. Under this rule, each party is assigned a fault percentage that corresponds with their level of fault for causing an accident. If a plaintiff is found partially at fault, their fault percentage is deducted from the amount of compensation claimed from the defendant, and they receive the remainder.
Your recovery process after a bicycle accident is likely to entail a claim against the at-fault driver’s auto insurance, followed by a personal injury claim. You typically only have a few days in which to file your insurance claim, but you have two years to file a personal injury claim against another party in California. The most viable recovery strategy is to connect with a Fresno bicycle accident attorney you can trust as quickly as possible after your accident so they can help you file your insurance claim. Once you recover as much as you can through insurance, you can be prepared to file your personal injury claim within the deadline with their assistance.
You have the right to handle your recovery from a bicycle accident on your own, but hiring legal counsel you can trust makes the process easier to manage and more likely to generate positive results. If you tried to pursue your case alone, you would risk settling for less than you legally deserve, or you could make mistakes in the early stages of your case that jeopardize your recovery entirely. Hiring a Fresno bicycle accident attorney dramatically improves your chances of maximizing your recovery as much as California law allows.
The Law Offices of David Davidi, APLC, offer contingency fee billing, so our firm does not compound your financial concerns after a damaging accident. Instead of taking upfront and ongoing attorneys’ fees, we take a percentage of your final case award as our fee, but only if we win. If our team is unsuccessful in obtaining a settlement or case award on your behalf, you pay nothing for our services, so there are no financial risks to hiring our firm to represent your case.
The Law Offices of David Davidi, APLC, offer years of professional experience in personal injury law to our Fresno clients. We have helped many people in the area recover from all types of injuries, including those resulting from bicycle accidents. If you or a loved one are struggling with the effects of a bicycle accident that someone else caused, we can help you hold them accountable for the losses they have inflicted. Contact us today and schedule your consultation with a Fresno bicycle accident attorney to begin your recovery process with confidence.