Bicycle Accident Attorneys in Carlsbad California
A bicycle accident can cause physical, emotional, and financial damages. A skilled personal injury attorney can help you recover the compensation you deserve.
In just a few seconds, your life can be turned upside down when you are injured in a bicycle accident. In addition to the physical pain, many injured cyclists experience unforeseen expenses, and stress and anxiety. If your bicycle accident was caused by a vehicle driver’s negligence, you can pursue a personal injury claim against the at-fault party. A negligence case requires that the plaintiff prove four elements to collect money damages.
Bicycle accident victims that have been injured due to someone else’s fault should not have to be burdened with the costs and time associated with their medical treatment and injury claim. If you or someone you love was injured in a bicycle accident, it is important to seek the legal advice of an experienced Carlsbad bike accident lawyer who will help you obtain financial compensation.
After a Bicycle Accident, an Attorney Knows How to Obtain Compensation
Bicycle accident victims who make a personal injury claim on their own often receive extremely low settlement offers from the at-fault party’s insurance company. Sometimes, the insurance company will completely deny the victim’s claim. It can be extremely beneficial for injured victims to seek legal advice from a knowledgeable personal injury attorney.
Savage Law takes pride in the opportunity to help injured bicycle accident victims recover physically and financially. The team at Savage Law use the law to your advantage in your claim against the at fault parties. As the name indicates, Savage Law is aggressive in obtaining the best outcome for its clients. The Savage Law bicycle accident attorneys are persistent in pursuit of maximum compensation for client’s injured on a bike. Contact Savage Law for a free consultation with an attorney today.
What Compensation is Available After a Bicycle Accident?
Based on California personal injury law, bicycle accident victims have a right to pursue damages when their injury has been caused by the negligence of a person or entity. Experienced attorneys are typically able to negotiate a settlement agreement with the at fault party’s insurance company, without having to file a lawsuit.
Recoverable damages in a bike accident case are divided into the following categories:
Economic Damages – Economic damages are objectively verifiable money losses to the victim from an accident. These damages include:
- Medical expenses;
- Costs for prescription medications;
- Property damages;
- Loss of wages; and
- Loss of future earnings
Non-Economic Damages – Non-economic damages are subjective, non-monetary losses to the victim from an accident. Non-economic damages are also known as general damages. California Civil Jury Instruction No. 3905A sets forth general damages to include past and future:
- Pain and suffering;
- Loss of enjoyment of life;
- Physical impairment;
- Emotional distress
California Follows Pure Comparative Negligence Standard
The State of California uses the pure comparative negligence standard, in which each party’s damages are reduced according to his or her percentage of fault. In other words, if both parties are at fault for a bike accident, the injured victim can only obtain money damages for the defendant’s percentage of fault. For example, if the defendant is found to be 75% at fault for the accident, the injured plaintiff’s damages will be reduced by 25%.
The defendant’s insurance company will conduct an investigation to determine who they believe caused the accident. In most cases, the insurance company will argue that the bicyclist was at least partially at fault, and decide on its own what percentage of fault to attribute to each party. Alleging that the victim was partially at fault gives the insurance companies the chance to save the money it would have paid if the defendant was 100% at fault.
Even when it is clear that the defendant was totally at fault for causing the accident, the defendant’s insurance company may still claim that the victim was at fault. It is very unusual for the defendant’s insurance company to negotiate with the injured victim. Instead, the defendant’s insurance company will typically make an extremely low, unfair offer to you in the hope that you settle your case for less than the full value. Without the help of an attorney with experience in dealing with the shady tactics of insurance companies, bike accident victims can be deprived of significant compensation.
A Skilled Bicycle Accident Attorney in Carlsbad, CA Can Advocate on Your Behalf
If you or a family member has been injured in a bicycle accident, an attorney familiar with bike accidents can provide valuable legal advice regarding your personal injury case. Bicycle accident claims require knowledge of applicable laws and a thorough investigation of the cause of the accident. A skilled Carlsbad bicycle accident attorney can conduct an independent investigation of the accident and determine if the defendant was fully or partially at fault.
Savage Law is dedicated to fighting for people who have been injured due to someone else’s negligence. The Carlsbad based law office is experienced and aggressive in obtaining the full value of an injured victim’s case. Savage Law will not allow an insurance company to take advantage of you or devalue your case. Consider contacting Savage Law for a free consultation with an attorney to discuss your bicycle accident.