Many individuals in California enjoy cycling daily for recreation, exercise, transportation, and fresh air. While riding a bicycle has many benefits, accidents are unfortunately too common and often result in life-altering consequences for victims. If you have been injured while cycling due to someone else’s negligence, it is vital to remember you have the right to seek compensation for the losses you have suffered. A dedicated personal injury attorney can support you with unmatched legal guidance and help you navigate the complex legal process.
At Jassim Law, we understand how challenging the aftermath of a bicycle accident can be. Unfortunately, traffic collision reports often incorrectly place some or part of the fault of the collision on the bicyclists.
Did you know that Traffic Collision Reports are INADMISSIBLE in a court of law? California Vehicle Code Section 20013 states that collision reports shall not be used as evidence in any trial. The reason is that unless the police officer writing the report actually witnessed the crash, it is hearsay.
This is important to know because unfortunately many responding traffic officers improperly, and inaccurately place primary fault on the cyclist. Believe it or not, many traffic officers do not fully understand the legal rights of cyclists, and/or the cyclist is unable to provide a complete statement to officers due to their injuries and being transported from the scene to a hospital.
Our attorneys can take the stress off your plate as you focus 100% of your energy on your healing and recovery. We have more than 20 years of experience achieving the best possible outcomes for our clients and are here to fight for you, and we routinely handle bicycle accident cases.
Attorney Pajman Jassim is committed to making our communities safer by holding negligent parties fully accountable for the harm they have caused.
How a San Diego Bicycle Accident Lawyer Can Help With Your Claim
After a bicycle accident, you may be unsure of where to turn for the highest quality legal assistance. The skilled San Diego bicycle accident attorneys at Jassim Law are here to handle the legal complexities of a bicycle accident claim on your behalf. Typically, insurance companies prioritize protecting their money and try to deny or devalue your claim. They will cite inaccurate traffic collision reports, and try to exploit the unfortunate bias and prejudice against cyclists.
It is essential to avoid providing a recorded statement to your insurance adjuster before you have an attorney in your corner. Innocent comments will be distorted, mischaracterized, and used against you. There is NO requirement, nor any benefit to providing a recorded statement, especially before you hire legal counsel.
By working with an experienced San Diego bicycle accident lawyer, you can ensure your rights are protected throughout every stage of the legal process. We are ready to assist you in the following ways:
- Immediately conducting an in-depth investigation into every detail of your case
- Preserve evidence, such as clothing, helmet, bicycle, photographs, and app data such as bicycle apps.
- Analyzing the accuracy of the collision report
- Interviewing critical eyewitnesses
- Preserving location of vehicles involved, including rest area of vehicles and improperly parked vehicles
- Obtaining 911 audio/dispatch and video records
- Collecting and preserving essential evidence, witness testimonies, photos, and video footage
- Hiring credible experts to support your case
- Visiting the scene and reconstructing the cause of the accident
- Ensuring you receive top-notch medical care, regardless of your health insurance coverage
- Filing all paperwork correctly and on time
- Advocating relentlessly for your rights and interests before and during trial
- Supporting you through every step of California’s claims process
- Determining if the negligent party was on the job when the accident occurred
- Determining whether any other parties bear fault for your accident
- Answering your legal questions
- Keeping you updated on the status of your claim
- Negotiating with all parties on your behalf
We personalize our approach to every case and will work with you to ensure your unique needs are heard and addressed.
Examples of Negligence in California Bicycle Accidents
Although no two bicycle accidents are alike, many are caused by similar examples of driver negligence. Some of the most common causes of California bicycle accidents include the following:
- Distracted driving
- Improper and dangerous road design and bike path design
- Blocked bike lanes (i.e., vehicles improperly parked in bike lanes)
- Vehicles illegally parked in “No Parking” zones
- Failure to yield
- Dooring (opening doors into cyclists path)
- Improper road and lane closure or traffic control
- Poor road conditions, i.e., potholes, other dangerous/hazardous conditions
- Unsafe lane changes
- Speeding
- Failure to provide at least 3 feet of space to bicyclists
- Failure to move to adjacent lane
Liability for your case can be complex and daunting to determine on your own. A San Diego, CA, bicycle accident attorney will understand how the law applies to your unique case, making it essential to contact an attorney as soon as you are well enough to pick up the phone.
Recoverable Compensation in a Bicycle Accident Claim
Bicycle accidents can result in physical injuries, emotional distress, and financial damages. If you have suffered injuries and other losses in a bicycle accident, you may be able to secure monetary compensation with a bicycle accident attorney on your side. At Jassim Law, we will work to understand the full extent of your losses and determine the total value of your claim. Our San Diego bicycle accident lawyers may be able to help you recover the following damages:
- Non-Economic harms
- Loss of enjoyment of life
- Physical Impairment
- Disfigurement
- Mental anguish
- Emotional distress
- Pain and suffering
- Anxiety and grief
- Inconvenience
- Economic harms
- Current and future medical expenses
- Physical therapy and rehabilitation expenses
- Cost of prescription medication
- Loss of consortium
- Current and future lost wages and earning potential
- Punitive damages
We are committed to considering your current and expected needs when calculating the maximum value of your claim.
How to Avoid A Bike Accident in San Diego
San Diego’s scenic landscapes and bike-friendly culture make it an ideal city for cyclists, but sharing the road with vehicles always poses a risk. Whether you’re a seasoned cyclist or just starting out, prioritizing safety is paramount.
Familiarize Yourself With Bike Laws
Before hitting the road, familiarize yourself with San Diego’s bicycle laws. Understanding your rights and responsibilities as a cyclist can help you navigate traffic safely. Remember to ride in the same direction as traffic, use hand signals for turns, and obey traffic signals and signs.
Invest in Quality Safety Gear
Wearing appropriate safety gear significantly reduces your risk of injury in the event of an accident. Invest in a properly fitting helmet that meets safety standards. Bright-colored clothing and reflective gear, and lights, enhance your visibility, especially during dawn, dusk, or nighttime rides.
Plan Your Route Wisely
Choose bike-friendly routes whenever possible, utilizing designated bike lanes and paths. Map out your route in advance, considering factors like traffic volume, road conditions, and potential hazards. Avoid busy streets and opt for quieter routes with less vehicle traffic.
Stay Vigilant and Alert
Maintain a vigilant mindset while riding and stay alert to your surroundings. Constantly scan the road for obstacles, parked cars, and opening doors. Keep an eye on motorists’ behavior and anticipate their movements to avoid potential collisions. Minimize distractions such as using electronic devices or wearing headphones while riding.
Practice Defensive Riding Techniques
Practice defensive riding techniques to anticipate and respond to potential hazards. Maintain a safe distance from vehicles, especially large trucks or buses, to avoid blind spots. Be prepared to yield the right of way when necessary and communicate your intentions clearly to motorists and pedestrians.
Maintain Your Bike Regularly
Keep your bicycle in optimal condition by performing regular maintenance checks. Ensure that brakes, tires, lights, and gears are functioning properly before each ride. A well-maintained bike enhances safety and reduces the risk of mechanical failures while on the road.
Most Dangerous Places to Ride a Bicycle in San Diego
To prevent bicycle accidents, choose safe routes for biking in San Diego and steer clear of areas known for being dangerous, including the following:
Nimitz Boulevard Near the Sunset Cliffs
The area around Nimitz Boulevard close to Sunset Cliffs presents significant hazards for cyclists. Situated at the western terminus of Interstate 8, this busy freeway junction has been the site of many accidents over time. The bicycle lane abruptly ends where drivers are trying to merge onto the freeway, complicating lane changes for cyclists who wish to proceed straight. Navigating this section is particularly challenging due to the presence of drivers aggressively trying to enter the freeway. While it’s possible to get through, doing so increases the risk of being involved in a cycling accident.
University Avenue From Hillcrest to North Park
This section of the road, connecting Hillcrest to City Heights, is a favored route in San Diego for cyclists and motorists alike due to its direct link between two major city areas. Despite its popularity, the stretch along University Avenue is known for being accident-prone and poses risks to cyclists. It includes several significant intersections where cyclists must maneuver around both stationary and moving vehicles, increasing the danger for those on bikes./li>
Friars Road From Morena Boulevard to Qualcomm Way
Although Friars Road is often suggested as a cycling route in San Diego, it’s not the safest option available. The vicinity of freeway on-ramps and the blending of merging vehicles create dangerous conditions for cyclists, particularly at this intersection. The presence of bike lanes does not necessarily ensure cyclist safety; navigating through various lanes of cars aiming to join the freeway exposes cyclists to a higher risk of accidents.
For Bicycle Accident Cases Contact a First-Class Attorney at Jassim Law
At Jassim Law, we are dedicated to helping our clients achieve the best possible outcomes for their bicycle accident claims in California. Our principal attorney, Pajman Jassim, has a top-notch 10.00 rating on Avvo and has been repeatedly recognized by Super Lawyers for providing his clients with outstanding legal services. He always prioritizes the needs of accident victims and their communities; just read our reviews from real, recent clients. When you partner with him, you can rest assured your case is in the skilled hands of an experienced legal professional.
To schedule a free consultation with a knowledgeable attorney, call us today at (619) 759-5762 or complete our contact form.
LEGALLY REVIEWED BY:
Pajman and Parisima Jassim
November 15, 2024
