Quirk Accident & Injury Attorneys represents injured bicycle accident victims in Thousand Oaks. Bicycle accidents are more common in busy intersections like Thousand Oaks Boulevard, where thousands of vehicles, pedestrians, and cyclists share the road every day. But despite laws to keep everyone safe, crashes between cyclists and motor vehicles still occur, resulting in severe, life-altering injuries.
That’s why the law offices of Quirk advocate on behalf of injured bicyclists to protect their right to compensation. If you’re a bicyclist in Thousand Oaks suffering injuries, financial losses, and emotional damage from a bicycle accident caused by someone else’s carelessness, our firm can help. Contact Quirk Accident & Injury Attorneys today for a no-cost, no-obligation consultation.
How A Bicycle Accident Lawyer Can Help
With Thousand Oaks boasting 150 miles of trails, bike paths, and mountain biking trails, the city is a prime destination for avid and casual cyclists. Riders are also known to frequent the busy intersections on Thousand Oaks Boulevard for a quick coffee break or for a bite to eat at The Lakes at Thousand Oaks shopping mall.
Unfortunately, with the dense traffic at these busy intersections, Thousand Oaks Boulevard has become a danger zone for bicycle accidents. These accidents typically occur due to careless or unaware drivers, resulting in serious injuries for bicyclists.
Bicycle accident victims typically need extensive medical treatment, lose the ability to work, and suffer long-term health complications as a result of a serious accident. Despite these facts, insurance companies will still attempt to reduce or deny compensation owed to injured bicycle accident victims.
That’s where Quirk Accident & Injury Attorneys can help. Our experienced Bicycle Accident Attorneys are skilled at managing the insurance companies, protecting victims from liability, and ensuring they are fully compensated for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
How Comparative Negligence Law Applies to Bicycle Accidents on Thousand Oaks Boulevard
Comparative negligence is when more than one party is partially at fault for causing an injury. This occurrence is common in bicycle and vehicular accidents and is covered under California Civil Code 1714. This law essentially states:
- You can recover damages in cases even if you are partially at fault
- If you and the defendant are found negligent, the jury assigns a percentage of fault to each party
- The total compensation awarded to you is reduced by your percentage of fault
- If you are 99% at fault, you can still receive 1% of the total case value
In the case of a bicycle accident, ultimately, fault will be determined by the details of the case and the judgment of a judge and jury if the matter goes to trial.
Let’s say, for example, a bicyclist crosses an intersection on Thousand Oaks Boulevard when the crossing light says “Do Not Walk.” But at the same time, a speeding vehicle collides with the bicyclist in the middle of the intersection. The bicyclist is thrown from their bike, causing them to suffer serious injuries. Who is at fault?
In a hypothetical situation like this, comparative negligence could come into play. A jury may find the driver 80% at fault for speeding, while finding the bicyclist 20% at fault for crossing the street when they weren’t supposed to. So, if the jury awards the bicyclist $1,00,000, then their reward will be reduced by 20% of the fault, netting them $800k.
Thousand Oaks Bicycle Law
California state law permits local governments to form their own bicycle laws. However, there are state laws that apply to all bicyclists in the Golden State. 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
In addition to these laws, bicyclists must also follow local bicycle ordinances. These ordinances are laws established by the City of Thousand Oaks Municipal Code, which include:
- 4-3.1004: A bicyclist may ride on any sidewalk or off-street bicycle path but must yield right-of-way to any pedestrian or equestrian.
- 4-3.1005: No person shall park a bicycle upon a street or against a building in such a way to obstruct pedestrian, bicycle, or motor vehicular traffic. No person shall leave a bicycle lying on its side on any sidewalk or path for pedestrian traffic. No person shall park a bicycle at any location that has been posted with signs prohibiting such parking.
Common Bicycle Accident Injuries in Thousand Oaks
Medical professionals are no strangers to bicycle accident injuries. According to the American Academy of Family Physicians, bicycle injuries account for 1.2 million doctor visits and 580,000 emergency visits per year. Although collisions with motor vehicles involve only a minority of bicycle accidents, they’re most responsible for the majority of injuries and fatalities. The most common bicycle accident injuries include:
- Brain injury: brain injuries are far more likely when bicyclists fail to wear their helmets. Although a helmet will not entirely protect you against a 3,000-pound vehicle, it can still reduce the risk of serious brain injury. According to the Insurance Institute for Highway Safety, 62% of all fatal bicycle accidents involved bikers without helmets.
- Facial injury: bicycle injuries typically involve facial injuries due to the lack of protection on a rider’s face. Common facial injuries include:
- Broken jaw bone
- Missing teeth
- Fractured cheekbones
- Damaged eye sockets
- Spinal cord injury: considered one of the most dangerous injuries, spinal cord damage can most likely become permanent, affecting the entire body. A blunt hit to the spinal cord can cause:
- Loss of movement
- Loss of sensation
- Loss of bladder control
- Difficulty breathing
- Trouble with balance and walking
Average Settlement for Thousand Oaks Bicycle Accident Injuries
The severity of your bicycle injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
How Quirk Accident & Injury Attorneys Will Help You Win a Fair Settlement
At Quirk, our firm stands up for injured bicyclists. Too often, bicyclists are blamed for their injuries, leaving them expensive medical bills and lifelong health complications. Our firm fights on behalf of our clients to ensure they’re compensated for current and future damages through:
- Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
- Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
- Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
- Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
- Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.
Contact a Thousand Oaks Bicycle Accident Lawyer
If you or a loved one has been injured in a bicycle accident on Thousand Oaks Boulevard, the Bicycle Accident 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.