(213) 596-0265
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info@teninalaw.com
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Mon - Fri 09:30am-6:00pm
(213) 596-0265
·
info@teninalaw.com
·
Mon - Fri 09:30am-6:00pm

Bicycle Accident Attorney in Sherman Oaks, CA

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Bicycling is a great way to stay fit, enjoy the outdoors, and commute to work. Bicyclists are at risk of serious injury or death due to negligent drivers and poor road conditions. The injuries are usually severe, and recovery may require extensive medical treatment and time off work. You need the best bicycle accident attorney in Sherman Oaks to protect your rights if this happens to you. Tenina Law Firm will help you to understand the steps and process. 

What To Do After a Bicycle Accident?

Bicycle accidents can be frightening and life-changing. Following a bicycle crash, here are some important Do’s and Don’ts:

  • Do take pictures of the scene and any visible injuries.
  • Do find all witnesses at the scene and obtain their contact details. These witnesses could be crucial in proving your case at a later date.
  • Do get all the information you can from other parties involved: phone numbers, addresses, and driver’s license numbers.
  • Do whatever you can to encourage the police to arrive at the scene. Traffic collision reports can prove to be crucial in proving liability. Police usually only respond to a scene with injuries, deployed airbags, or damaged government property.
  • Do take your time and describe your injuries to the officer as clearly as possible. Inform the officer about every part of your body that is injured or in pain. This will support your claim and be included in the police report.
  • Do reserve your Garmin/GPS and your bike as they will provide objective physical evidence.
  • Do go to your local emergency room and see your primary physician to be examined as soon as you can. Insurance companies may penalize you if you delay seeking treatment.
  • Do find your insurance documents immediately. Your auto insurance policy will extend coverage to you as a cyclist. Understanding your policy limits and ensuring adequate coverage before an accident happens will safeguard both you and your loved ones.
  • Do Not speak to an Insurance Adjuster or make any statements to an Insurance Company before consulting with an experienced bicycle accident attorney in Sherman Oaks. Tell them to call your attorney. Your lawyer will guide you through the entire process, and take the necessary steps to protect your rights.

Should You Hire A Bicycle Accident Attorney?

Navigating the legal system and advocating for a fair settlement can be challenging. In California, bicyclists are determined to be at fault for accidents 60 percent of the time. A qualified attorney will help you to open an investigation, and guide you along the legal steps. You should therefore retain a bicycle accident attorney in Sherman Oaks with experience in bicycling accidents and a track record of winning personal injury trials and cases.

Bicycle Accident Statistics in a Glimpse

Several important statistics are accessible regarding bicycle accidents. Nearly 70 percent of bicycle accidents happen in urban areas. About 30 percent occur in rural areas. Most bicycle accidents happen between 3 pm and 8 pm.

In California, serious bicycle accidents have been on the rise. In 2010, there were 623 bicycle-related deaths, which increased to 840 by 2016. Bicycles account for 4 percent of all vehicle accident fatalities in the state, double the national average.

Bicycle Accidents: Common Causes

A range of factors can contribute to bicycle accidents.

  • Impaired driving– Alcohol and drugs can sometimes be a factor in bicycle and car accidents.
  • Impaired vision – Drivers may fail to see a cyclist due to inadequate lighting or adverse weather conditions.
  • Inadequate bicycle lanes– Some streets and highways have no space or bike lanes to allow bicyclists to ride safely.
  • Distracted driving– Drivers can drift into bicycle lanes. Sometimes they’re texting or talking on the phone.

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What Are California’s Cycling Laws?

The Vehicle Code (CVC 21200) Must Be Followed

We must start by stating the most important thing: All bicyclists are required to follow the California Vehicle Code.

You Must Ride With Traffic // CVC 21650

Bicyclists should travel on the right-hand side of the road in the same direction as traffic.

You Must “Hug the Curb” // CVC 2102

Except in three limited circumstances, cyclists are not allowed to take the lane. They must hug the curb as closely as possible.

  • Passing another vehicle or cyclist that is stopped, slow-moving, or has slowed down
  • When making (preparing for) a turn to the left
  • Avoid road hazards such as debris

You Have the Right to a Presumptive Bike Lane // CVC 21208

California cyclists are entitled to a 3-foot-from-the-curb bike lane. However, the Vehicle Code states that you must hug the curb.

Sidewalks Are Safe for You to Ride On

California Vehicle Code has no statewide law about riding on the sidewalk. Nevertheless, some local ordinances allow you to ride your bike on sidewalks. You can check your local ordinances to see if this is legal in your area.

You Must Not Stop at Crosswalks // CVC 2145

Always stop before entering the crosswalk. Do not enter in the middle.

You Must Ride With Lights and Reflectors at Night // CVC 21201 (D)

If you plan to ride at night, your bike or yourself must be equipped:

  • A white light is visible at a distance of up to 300 feet from the bike.
  • A red reflector, or a solid red or flashing light with an integrated reflector at the rear visible from 500 feet away.
  • A white or yellow reflector should be placed on each pedal, foot, or ankle. This must be visible from 200 feet in both front and behind the bike.
  • A white or yellow reflective strip on either side of the bicycle’s center, and a red or white reflector at the rear.

You Must Wear a Helmet if You Are A Minor // CVC 21212

If you are a minor, you must wear a helmet that meets the standards set by either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).

You Cannot Cover Both Ears With Earbuds or Earplugs // CVC 274000

Find out more about how the new California driving law affects cyclists.

You Must Have Brakes that Work // CVC 221201(a)

It may seem obvious, but you must ensure the brakes are functional before each ride. It is not only illegal but also unsafe.

You Must Ride A Bike That Fits Your Body // CVC 21201 

Bring your bike to a safe stop and keep it balanced, ensuring that at least one foot remains on the ground.

You Have the Right to Three Feet of Safety // CVC 21760

The vehicle that passes a cyclist must not be less than three feet away.

What is the Statute of Limitations to File a Bicycle Accident Claim?

The statute of limitation is the deadline by which individuals or groups can initiate a legal action. In cycling injury claims, the statute of limitations begins when the incident occurs. California has a limit of two years to file a claim after a bicycle accident. A claim against an entity governed by law can be brought within six months.

This limit does not apply to individuals who are mentally incapacitated or to minors injured before the age of 18.

How Do You Determine Fault in a Bicycle Accident?

Anyone who is negligent will be held responsible for any damages. In California, negligence is defined as a failure to act with appropriate prudence. Thus, it is essential to demonstrate that the driver’s negligence caused the accident.

Comparative Negligence law allows cyclists who are partially responsible to receive compensation based on their relative percentage of fault. If the driver is 75 percent responsible and the cyclist 25 percent, the bicyclist will receive 75 percent of the damages. The remaining 25% is the responsibility of the bicyclist.

What Types of Injuries Do Cyclists Suffer?

Accidents can cause severe injuries to cyclists.

  • Fractured Bones
  • Road rash and severe scarring
  • Internal Organ Damage
  • Spinal Cord Injury
  • Traumatic brain injuries (TBI)
  • Post Traumatic Stress Disorder; Psychological Damage

What Type of Compensation Can You Expect?

If you’re injured in a bike accident, you might face serious injuries, substantial medical bills, and a significant loss of earnings. You have the option to sue for damages to recover your losses and expenses, and you could receive compensation for various types of damages.

  • Medical Treatment: Ambulance expenses, emergency care, hospitalization, surgery, prescriptions, physical rehabilitation, and rehabilitation.
  • Property Injury– Property damage is a damaged bike, helmet, clothing, or other items.
  • Lost Earnings– The extent of your injury can result in a significant loss of income.
  • Compensation for Pain and Suffering includes compensation for emotional distress, pain and suffering, and the overall reduction in your quality of life.

The Tenina Law Firm Understands Cycling Injuries

The Tenina Law Firm boasts an experience of over 50 years in the legal field. We have represented individuals who suffered serious bicycle accidents and know what it is like to be involved in one. Our lawyers know what it takes to recover damages after a serious bike accident. Insurance companies might want you to settle your case for less than it is worth. The Tenina Law Firm is ready to fight for you, whether the case settles or goes to trial. 

We offer legal services in and around Sherman Oaks and the San Fernando Valley. We also serve the Greater Los Angeles Area and Southern California. Our location is 15250 Ventura Blvd Ste 1200, Sherman Oaks, CA 91403, United States. There are free parking spaces behind our building.

What Should You Do to Get Started?

Call The Tenina Law Firm. We can answer any legal questions regarding your right to seek damages for injuries that you or someone close to your heart has suffered.

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