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El Cajon Bicycle Accident

El Cajon Bicycle Accident

With beautiful weather year-round in El Cajon, CA, many people use bicycles as a common mode of transportation or as a fun and healthy activity to enjoy the outdoors. As bike riding becomes more popular, especially with e-bikes, the frequency of bicycle accidents also unfortunately increases.  Learn more about Jassim Law an El Cajon bicycle accident lawyer.

The CDC estimates that there are nearly a thousand bicycle accident deaths every year and over 120,000 injuries. As these numbers continue to grow, it is important to understand your legal rights if you have been injured in a bicycle accident. In our view, every bicycle accident is an avoidable tragedy that should have been prevented.

The aftermath of a bicycle accident can be devastating, sometimes leaving you or loved ones with unexpected medical bills, lost wages, and emotional distress. Due to the nature of bicycle accident injuries, the consequences are too often very serious and catastrophic to all involved.

Navigating the process of insurance claims and personal injury compensation can be overwhelming, especially when dealing with an injury as well. An experienced bicycle accident attorney understands these challenges and the unique legal factors involved in these cases and can help you seek the compensation you deserve.

Following a bicycle accident, you should contact an El Cajon personal injury attorney as soon as possible to get started on the essential steps necessary to set you up for success in your personal injury claim. A knowledgeable bicycle accident lawyer can be there to provide guidance, conduct investigations, handle insurance negotiations, and collect evidence to help you achieve the best possible outcome after your bicycle accident.

Understanding Bicycle Laws in El Cajon

In most cases, bicyclists have the same legal responsibilities and must follow the same duty of care as motor vehicle drivers in California. However, some additional rules are designed to protect riders and keep them safe on the road. Here are some important regulations to understand:

  • Where you can ride: In situations where you are moving slower than traffic, you should ride as close to the right as possible. However, you have the right to “take the lane” if there is not enough space to safely share the road with other vehicles. Bike riders must also ride in the same direction as traffic.
  • Bike lanes: Riders must use designated bike lanes when they are available.
  • Helmets: Anyone under the age of 18 must wear an approved helmet when riding a bicycle.
  • Pedestrians: Bicyclists must yield to pedestrians. Pedestrians also have the right-of-way in all crosswalks.
  • Safety equipment: When riding at night, bicycles must be equipped with a white headlight, a red rear reflector, and a white or yellow reflector on each pedal.
  • Listening devices: If you are using headphones or earbuds, you must keep one ear uncovered.
  • Alcohol and drugs: Bicycle riders cannot ride while under the influence of drugs or alcohol.

While bicycle accidents happen, understanding and following these laws can greatly reduce your risk of injury from a bicycle accident. The legal team at Jassim Law can help answer any questions you might have about the bicycle laws in El Cajon, CA.

Who Is Liable?

Both bicycle riders and motor vehicle drivers are legally responsible for practicing reasonable duty of care while operating their vehicles. Because California is a comparative fault state, you can still receive damages even if you are found partially liable for your bicycle accident.

However, the compensation you are awarded will be reduced based on the degree of fault you are assigned by a jury. The insurance company or defendant may “assign” fault, however, their opinions regarding fault are NOT binding, and are often self-serving, biased, and unreliable. Ultimately, only a JURY can make a determination as to percentage of fault and your damages.

This is true even if a police traffic collision report “assigns” fault – police reports are NOT evidence, and not determinative of fault. We have successfully obtained many significant results for clients even when a police report places our clients at fault.

If you are found to be 30% responsible for your bicycle accident and the motor vehicle driver is found 70% responsible, you can still receive up to 70% of the damages awarded. In other words, if your case is worth $1,000,000 you may still recover $700,000 even if you are assigned 30% fault.

What Types of Compensation Can You Receive in a Bicycle Accident Case?

After a bicycle accident, you might feel overwhelmed and confused about your next steps in seeking compensation for the injuries you sustained – especially if you are severely injured.

An El Cajon personal injury lawyer can guide you through this process and fight for the full compensation you deserve. In a personal injury case, you can receive both economic and non-economic damages. Economic damages have a monetary value and account for the tangible losses you experience. This might include:

  • Lost wages
  • Loss of earning potential
  • Medical bills
  • Property damage

Non-economic damages cover the intangible losses you experience as a result of your bicycle accident. Some examples of non-economic damages might include:

  • Pain and suffering
  • Inconvenience
  • Physical Impairment
  • Disfigurement
  • Humiliation
  • Grief/Anxiety
  • Mental Suffering
  • Emotional distress
  • Loss of consortium or companionship
  • Loss of enjoyment from activities and hobbies

In some cases where the vehicle driver is found to have acted maliciously in causing you harm in your bicycle accident, you might also be granted punitive damages. It is vital you contact an El Cajon personal injury lawyer as soon as possible after your bicycle accident to begin your personal injury claim, as the California statute of limitations for personal injury claims is 2 years.

How Jassim Law Can Help With Your Bicycle Accident Case

At Jassim Law, we know the impact a bicycle accident can have on your life, from dealing with medical bills to the struggle of handling insurance claims. Our dedicated team collaborates with you to understand every detail of your case, crafting a strategy aimed at helping you pursue the compensation essential for your recovery. We handle everything from gathering evidence, negotiating with insurers, and addressing any legal complexities, allowing you to focus on healing and moving forward.

Attorney Pajman Jassim, who is recognized as a SuperLawyer in personal injury law, brings years of proven success and commitment to helping clients in El Cajon and surrounding areas. With every case, we aim to create safer communities and advocate for the rights of those affected by others’ negligence. Reach out for a no-obligation consultation by calling (619) 630-2680 or by filling out our contact form.

 

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