Quirk Accident & Injury Attorneys advocate on behalf of bicyclists injured on Lynn Rd. Unfortunately, no matter how many laws or public safety campaigns are put in place, accidents caused by reckless drivers are inevitable. On average, around 17 pedestrians and two bicyclists are killed each day due to vehicular accidents, according to the New York Times.
If you’ve suffered injuries in a bicycle accident, our law firm can help you recover the compensation you need. Contact Quirk Accident & Injury Attorneys today for a free consultation and case evaluation.
How Quirk Accident & Injury Attorneys Can Help
Bicycling down Lynn Rd. is an easy way to get around Thousand Oaks. In fact, the City of Thousand Oaks has recently set out to overhaul safety on Lynn Rd. by adding a separation barrier to separate bicyclists and pedestrians from vehicular traffic. Unfortunately, bicyclists are still at risk when there are careless drivers on the road, and accidents can result in life-altering injuries.
At Quirk Accident & Injury Attorneys, we protect injured cyclists by making sure they are fully compensated for the physical and financial hardship they’ve been forced to endure due to an accident. Our firm will manage your injury claim and aggressively pursue all those responsible for the following damages:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (DUI, street racing)
- Actions performed out of spite
California Bicycle Law
The state of California allows individual cities to establish their own bicycle laws. However, there are state laws that apply to all cyclists in California. These laws include:
- VEH 21202, cyclists must ride as close to the right side of the road as practicable except when passing, preparing for a left turn, if the lane is too narrow to share, or if approaching a place where a right turn is authorized.
- VEH 21960, bicycles, as well as motorized bicycles, may not be ridden on freeways and expressways as prohibited by the California Department of Transportation and local authorities.
- VEH 23330, bicyclists may not cross a toll bridge unless it is permitted by the California Department of Transportation.
- VEH 21201 (d) requires all bicycles to have a light when riding on a highway when it is dark.
- Electric bicycles are allowed wherever regular bikes are allowed, except for Class 3 electric bicycles, which have restrictions, according to SB No. 1271.
- Bicyclists under the age of 18 are required by Vehicle Code 21212 to wear helmets at all times
How Does Comparative Fault Work in a Manteca Bicycle Accident?
California law covers liability through comparative fault, also known as comparative negligence. California is a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
For example, let’s say a speeding vehicle fails to stop in time because you rode out onto Lynn Rd. and pulled in front of them without looking. The vehicle hits you, and you suffer a serious head injury.
In this scenario, you may be found partially at fault for not yielding to traffic, while the driver may incur some fault as well because they were speeding. Determining fault in a situation like this is where comparative fault comes into play. A jury may assign you 20% of fault and the driver 80% at fault. So, if the jury awards you $500k for your accident, it will be reduced by 20%, netting you $400k.
These liability reasons are why it is important to have an experienced Personal Injury Lawyer from Quirk on your side. Our attorneys are experts at minimizing liability and can potentially eliminate fault entirely, so you’re settlement will not be reduced due to comparative negligence.
What Other Factors Could Decrease My Settlement?
Understanding the factors that can potentially harm your bicycle accident injury case is essential to know the value of your lawsuit. While a highly experienced accident attorney highlights the reasons you deserve compensation, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:
- Pre-existing conditions: Pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: The inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: Delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
- Inconsistent statements: Inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.
How to Know if You Have a Case After a Bicycle Accident on Lynn Rd.
Anyone in California injured in a bicycle accident will wonder if they have a case. If you suffered any type of injury due to another person’s careless or intentional actions, then you have a personal injury case. Knowing you have a personal injury case is one thing, but ensuring you have a strong personal injury case is where Quirk Accident & Injury Attorneys can help.
Our firm will identify ways to strengthen your case and ensure you receive a desirable outcome. Here are some signs you have a strong personal injury case after a bicycle accident:
- The defendant admitted fault. Admission is a powerful tool our firm uses to bolster the facts of your case. Through interrogatories and depositions, we form the right questions to get to the truth of the matter, especially if the defendant is at fault.
- The incident was caught on camera. Dash cams, traffic cams, and eyewitnesses may have caught your bicycle accident. Undeniable evidence, such as footage of the incident, can make your request for fair compensation undeniable. Our firm will help you obtain the necessary evidence to strengthen your case and make your statements irrefutable.
- You’ve suffered severe injuries. Unfortunately, serious and verifiable injuries are a part of a strong personal injury case. If you do not have a record or evidence of serious injury, then you won’t have much ground to stand on when making a demand for compensation. Our firm will connect you with trusted doctors, surgeons, and orthopedists to document the extent of your injuries.
- Defendant has a history of carelessness. If the driver that injured you in your bicycle accident has a bad driving record, this can strengthen your case. It is not uncommon for defense attorneys or the insurance to attempt to place blame onto you for your injuries. But if the defendant has a history of poor driving, then it will be difficult to argue that you were at fault.
- You’ve taken the right steps. After a serious injury, you’ll be expected to seek medical treatment and to continue treating your injury. A lapse in treatment may seem like you’re not that injured or that it has not seriously impacted your life. The Quirk Accident & Injury Attorneys will help you manage your treatment and make sure you are taking all the correct steps to reach a successful settlement.
Contact a Thousand Oaks Bicycle Accident Lawyer
If you or a loved one has been injured in a bicycle accident on Lynn Road, the Personal Injury Attorneys at Quirk are here to help you get your life back on track. We understand how traumatic a bike accident can be, especially when you have to fight with the insurance company to get what you’re owed. But you’re not alone in this fight.
We’ll take the necessary legal steps to restore your life and protect your right to compensation. Even if you were partially at fault for the accident, our firm specializes in reducing liability, or in some cases, removing it entirely
If you’re concerned about the financial, physical, and mental impact a bicycle accident has had on your life, contact Quirk Accident & Injury Attorneys today to understand your legal options. We offer all injured victims a free consultation and case evaluation. There are no hidden fees for our services, and you will only be charged once we win your case.