Biking to work or through San Diego's scenic countryside can be relaxing and good for your health. However, with others sharing the road, there is an increased risk of cycling accidents.
Ehline Law and our personal injury attorneys have over 15 years of experience handling bicycle accident cases and protecting the rights of injured cyclists throughout California. Contact us now to learn more about your rights as an injured bicyclist after a bicycle accident in San Diego.
San Diego Bicycle Crash Statistics
Crash data collected by Circulate San Diego reveals five bicycle accident fatalities per year in San Diego. More than 500 cycling accidents result in 25 cyclists with serious injuries, 300 with visible injuries and about 150 with minor injuries and chronic pain.
Common causes of bicycle accidents in San Diego
Let's look at some of the most common causes of bicycle accidents in San Diego.
The number one cause of bicycle accidents in the United States is negligence, either on behalf of the driver or the cyclist.
Distracted driving, speeding, or driving under the influence are examples of driver negligence that can lead to serious traffic accidents. Another important factor is visibility, as cyclists are difficult to see, especially if they are riding in the blind spot of a car.
Motor vehicle drivers are required to check their surroundings, including the vehicle's blind spot, before turning or changing lanes to prevent accidents.
Although many bicycle accidents occur due to driver negligence, cyclists in San Diego can also be negligent in not obeying traffic laws, which can result in casualties.
In San Diego, the same laws that apply to motor vehicles apply to bicycles, such as yielding the right of way, obeying traffic signs, and stopping at traffic signals.
There are several ways a cyclist could be negligent other than not obeying traffic rules, and they include the following:
- Talk on the phone
- Distracted riding
- Riding drunk.
Complicated intersections and roads with heavy traffic flow are a serious concern for drivers, and this is where most cycling accidents occur.
Roads with parked cars, lack of cycling infrastructure, ongoing construction and downhill slopes pose a danger to cyclists.
According to a study published in the American Journal of Public Health, roads with dedicated bike lanes reduce the risk of injury by 50%, and protected bike lanes help reduce the risk of accidents by 90%.
The People Powered Movement reveals that Garnet Avenue, 4th, 5th and 6th avenues are high-risk areas for cyclists as many accidents occur here.
Other causes of bicycle accidents
There are many other causes of bicycle accidents, including the following:
- Road conditions:Since bicycles are light vehicles, they can lose their balance on poorly maintained roads, especially after encountering small cracks and potholes.
- Defective bike:A defective bicycle sold by a bicycle manufacturer can endanger cyclists, especially those inexperienced cyclists who do not realize what is wrong with their bicycle until a bicycle accident occurs.
- Bad weather: Bad weather conditions such as rain and snow can be difficult for cyclists to ride, increasing the risk of cycling accidents.
Common San Diego Bicycle Accident Injuries
Bicycles, similar to motorcycles, do not offer their riders the safety that cars provide, such as an enclosed space, airbags, seat belts and other technological safety features.
A minor bicycle collision can result in serious or fatal injuries, especially if the bicycle rider is not wearing protective equipment.
Some of the most common bicycle accident injuries in San Diego include:
- Spinal cord injury
- Traumatic brain injury
- Severe head injury
- Lacerations, scratches and bruises
- Neck and back injuries
- Broken bones and fractures
- Loss of limbs.
Multiple practice areas in San Diego, CA
- San Diego Personal Injury
- Accidents at San Diego Airport
- San Diego bus accidents
- San Diego rental car accidents
- Car accidents in San Diego
- Bicycle accidents in San Diego
- Wrongful death in San Diego
- Dog bites in San Diego
- San Diego Slip and Falls
- Brain injuries in San Diego
- Burn in San Diego
- Spinal cord injuries in San Diego
- Elder abuse in San Diego
- Motorcycle accident in San Diego
- Pedestrian accident in San Diego
- Accident in North County Transit District
- Kamp Pendleton
- Carlsbad injuries
- Car accident in Carlsbad
- Encinitas injury
- La Jolla injuries
- Injuries at Pacific Beach
- Ocean Beach injuries
- Oceanside injuries
Depending on the nature and severity of injuries, such as traumatic brain or spinal cord injuries, it can lead to severe consequences for drivers. This can include a lifetime of medical bills, reduced quality of life, rehabilitation and therapy, loss of income, and more.
Fortunately, California bicycle laws allow injured cyclists to recover compensation for damages suffered due to someone else's negligence by filing a bicycle accident lawsuit.
Injured accident victims need to speak with experienced bicycle accident attorneys to learn more about their rights after a bicycle accident.
Who is to blame for the San Diego bike accident?
Under California law, the negligent party is at fault for a bicycle accident, but often the negligent party and their insurance companies are quick to shift the blame to the innocent party to avoid liability or reduce payouts.
It is critical for a bicycle accident victim to reach out to an experienced San Diego bicycle accident attorney to discuss their case and learn more about their legal options.
When filing a San Diego bicycle accident lawsuit, injured cyclists must prove the following elements of a negligence claim in order to receive damages:
- The defendant owed the plaintiff a legal duty
- The defendant acted negligently and violated his legal obligation to the plaintiff
- The plaintiff sustained injuries
- The plaintiff's injuries were caused by the defendant's negligence.
One of the important parts of an accident claim is establishing causation, the relationship between your injuries and the other party's negligence. An experienced personal injury attorney can help gather the evidence necessary to prove the elements of a negligence case and increase your chances of securing maximum compensation.
Another thing to remember is that an accident can happen through the fault of both parties. You may also be liable for injuries sustained in an accident, but that should not prevent you from filing a personal injury lawsuit against the negligent party.
California follows pure comparative negligence rules, which means that if the plaintiff is also responsible for the injuries, he will still receive compensation, but it will be reduced according to the degree of fault.
An experienced legal team can investigate the accident to prove your innocence and build a strong case by gathering evidence, including witness statements, police reports, medical records, photographs of the accident scene, expert testimony, and other relevant evidence.
What should you do after a bicycle accident in San Diego?
What you do after a bicycle accident will help determine the outcome of your injury claim or lawsuit.
Here are some steps you should follow after an accident to increase your chances of getting compensation:
- Contact 911 for help.Regardless of whether or not you have serious injuries, it is crucial that a law enforcement officer attends the scene of the accident and files a police report.
- Take photos and videos of the accident scene,including vehicles, traffic signs and the environment. You must also immediately document your injuries by photographing them.
- Ask the other party to give you theirscontact information and insurance information. Make a note of their vehicle number, color and model.
- If there are witnesses, be sure to reach out to them and get their contact information.Witness statements give great credibility to a case of physical injury.
- Seek medical attention immediately.You don't want to wait too long as this can cause medical complications and affect your injury claim. Keep all medical records and receipts with you as you will need them when filing a personal injury claim.
- Contact our experienced San Diego bicycle attorneys to discuss your case.The longer you wait, the greater the risk of jeopardizing your chance to get a refund.
Don't forget to plead guilty or share too much information about the accident with the at-fault insurance companies and let an attorney handle the process on your behalf.
Schedule a free consultation with Ehline Law
If you have been injured in a bicycle accident in San Diego,contact usat (833) LETS-SUE for a free consultation, as you may be eligible for reimbursement.