A bicycle accident can leave you reeling, facing not only physical injuries but also emotional scars and mounting medical bills.
Recovering from something like that often seems like a lonely, uphill battle, especially when you find yourself dealing with an insurance company or a large corporation that cares more about squeezing that last dime out of you than they do your health and well-being.
You don’t have to fight this battle alone because we’ve got your back. Petrov Personal Injury Lawyers was founded over a decade ago, and there isn’t any obstacle that an insurance company or a greedy corporation can possibly throw up that we haven’t seen before. In other words, our San Marcos bicycle accident attorneys know how to fight back.
Contact us for an initial consultation, you can call (619) 344-0360 where we can listen to your story and discuss your options. Our consultations are free of charge, so contact our law office serving San Marcos, CA, today.
How Petrov Personal Injury Lawyers Can Help After You Suffer Injuries in a San Marcos Bicycle Accident
Our San Marcos personal injury lawyers have accumulated decades of combined experience and have served as a beacon of hope for personal injury victims. All told we have won over $40 million in compensation for our clients.
We have seen first-hand how financial recovery can be just as important as physical recovery. Leave the hard part to us while you focus on regaining your health.
Following is a brief rundown of some of the ways we can help you after a bicycle accident in San Marcos, California:
- We offer tailor-made representation: Every case is unique, including yours. We don’t offer cookie-cutter solutions. Instead, we will take a personalized approach to your case.
- We can negotiate with insurance adjusters: Don’t worry; we will do all the work for you. And remember, we cannot settle your claim without your permission.
- We can provide assistance with medical bills. We can help you deal with your healthcare provider, and we can ensure that you don’t pay more than you owe.
- We offer continuous availability. Our attorneys will even offer you access to their personal cell phone numbers.
- We offer multilingual support.
- We will conduct a thorough investigation of your claim.
- We will strive to maximize your compensation–and we know how to do it. It’s not just winning that matters–it’s how much you win.
Take the first step towards justice today by contacting us for a free case review.
What Should I Do Immediately After a Bicycle Accident in San Marcos?
Take the following actions:
- Call 911.
- Take down the contact details of the other parties involved in the accident, including witnesses.
- Take photos of the scene of the accident.
- Seek medical treatment.
- Report the incident to the local police.
- Schedule a free initial consultation with an experienced personal injury lawyer.
Seeking immediate medical treatment is by far the most important step you can take.
What Are the Chances I Can Settle My Bicycle Accident Case Out of Court?
If you have a reasonably strong claim, the odds are overwhelming that you will eventually be able to settle it out of court. Even defendants don’t like litigating in court, and they hate trials. Very few wrongful death claims ever reach the trial stage.
What Happens if I Was Violating a Bicycle Law at the Time of the Accident?
If the violation caused the accident, you could lose a lot of money–perhaps even all of your compensation. Violating a safety law probably constitutes automatic negligence on your part.
California operates a “pure comparative negligence” type of contributory fault system that apportions compensation in strict proportion to fault. Accordingly, the real question is, what is your percentage of fault?
If you were 85% responsible for the accident, you can collect only 15% of your damages. If you were 20% at fault, you can collect 80% of your damages. This system also applies if you shared fault for the accident for any other reason.
What Happens if I Wasn’t Wearing a Helmet?
Violating California bicycle laws by failing to wear a helmet is different from violating other bicycle laws, such as failing to stay in the bicycle lane in traffic. The difference is that although failing to wear a helmet was almost certainly not a cause of your accident, it probably was the cause of at least some of your injuries.
In this case, a court might just decide that the defendant doesn’t need to compensate you for your head injuries since you could have avoided them by wearing a helmet.
Whom Can I Sue After a Bicycle Accident in San Marcos, CA?
Depending on the facts of your case, you might be able to sue the motorist who hit you, the government (for negligent road maintenance), or a product manufacturer (if a defective bicycle or auto part caused the accident). A lawyer might be able to find another defendant as well, such as the manufacturer of a defective traffic light.
What Is the Statute of Limitations Deadline To File a Bicycle Accident Lawsuit in California?
In most cases, you have until two years after the date of the accident to file a personal injury lawsuit or finalize a settlement. If the victim died in the accident, you have until two years after the victim’s date of death.
What Kind of Compensation Can I Claim After a Bicycle Accident in San Marcos, California?
You can claim:
- Economic damages for tangible losses such as medical expenses and lost earnings;
- Non-economic damages for intangible losses such as pain and suffering and loss of enjoyment of life; and
- Punitive damages if the defendant’s behavior was sufficiently outrageous.
Courts are reluctant to award punitive damages even if they award a victim economic and non-economic damages.
How Can I Seek Compensation for a Hit and Run Bicycle Accident?
If your auto insurance policy includes uninsured motorist coverage, you can use it to cover your bicycle accident injuries even though you weren’t driving your car at the time.
Do I Need To Hire a Lawyer for My San Marcos Bicycle Accident?
Probably. Just about the only time you don’t need a lawyer is if the value of your claim is trivial. Schedule a free initial consultation with Petrov Personal Injury Lawyers to discuss your claim and examine your options.
Can I Sue the Employer of the Driver Who Hit Me?
You can if the driver was:
- Acting within the scope of their employment at the time of the accident; and
- A bona fide employee, not an independent contractor.
Commercial truck drivers are usually independent contractors, not employees.
Should I Sue or Settle My Bicycle Accident Claim?
Perhaps both. You should probably start off seeking settlement but be willing to file a lawsuit if the opposing party fails to issue an acceptable offer. Once you file the lawsuit you can compel the opposing party to participate in the pretrial discovery process, which could yield enough evidence for you to force a generous settlement.
At this point, you would probably want to return to the negotiating table and finalize the terms of the settlement.
Can I File a Claim if My Loved One Died in a Bicycle Accident?
Yes, if you are a close relative. The priority order for filing a wrongful death lawsuit goes to:
- The surviving spouse or domestic partner.
- Surviving children.
- Children of any deceased child of the victim.
- People who are entitled to inherit from the victim under intestate succession.
- Certain relatives who were financial dependents of the victim.
Each of the foregoing relatives can only file a wrongful death lawsuit if all of those with higher priority cannot file for some reason (they don’t exist, for example).
Is Texting While Bicycling Illegal in California?
Yes, it is. Texting while bicycling is also a form of negligence that can result in the loss of your ability to demand compensation from the other side. You can prove texting by obtaining records from cell phone service providers.
What Is MMI and Why Does It Matter for My Bicycle Accident Case?
MMI is the point where your recovery is complete, as certified by your doctor. At this point, you have either made a full recovery or you are facing lifelong disability. MMI is important because once you reach MMI, you probably won’t have any further medical expenses or lost earnings.
This makes it easier to calculate the value of your claim without having to speculate on “anticipated future lost earnings.”
What Is Diminished Earning Capacity and How Might It Impact My Claim?
Diminished earning capacity is a loss in your long-term ability to earn money. You have a diminished earning capacity claim, for example, if your injuries forced you to seek less-demanding (and lower-paid) employment.
The younger you are when you suffer your accident, the more money your diminished earning capacity claim will be worth.
Schedule a Free Initial Consultation With One of Our San Marcos Bicycle Accident Lawyers
Don’t worry that you can’t afford quality representation. You can if your claim is strong because we only charge you if we win compensation for you. Even then, your fees come out as a pre-agreed percentage of the money you win, not out of your own pocket.
Call us 24/7 at (760) 316-6905 or contact us online to schedule a free consultation. Our San Marcos bicycle accident lawyers are here to help.