Santa Ana Bicycle Accident Lawyer

Bike accidents are a persistent issue on our roads, causing cyclists to endure serious bodily injuries and, in some cases, deaths. According to the most recent data provided by California’s Office of Traffic Safety (OTS), a total of 89 people were harmed or killed as a result of a bicycle accident in Santa Ana. It was reported that 4 of the victims were 15 or younger and 22 of them were 65 or older. As driver negligence poses the biggest threat to a cyclist’s safety, and if you happened to fall victim to a bicycle accident due to their reckless behavior, you may be entitled to file a personal injury claim to acquire compensation.

At West Coast Trial Lawyers, our Santa Ana bicycle accident lawyers are readily available to evaluate your situation and develop a strategic, tailored approach against the opposing side to ensure you are given a reasonable settlement. With over 20 years of experience, our team of bicycle accident lawyers are well versed in the  California court system and are confident that they can get you the compensation you deserve.  

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case in your favor. To schedule a free consultation, you can get in touch with us by calling (213) 927-3700 or completing our quick online contact form.

California Bike Laws

Under California law, minors are required to use a bike helmet when going out for a ride. All bike helmets must meet the standards that are in accordance with the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC). Other additional rules and regulations that bicyclists must comply with include the following:

• You cannot ride a bicycle while under the influence of drugs or alcohol. Violating this law will result in a fine of up to $250. (CVC 21200.5).
• You will need to have a brake installed onto the bicycle before taking it out for a ride. This will allow you to make one braked wheel skid on dry, level, clean pavement. (CVC 21201 (a)).
• You must have a lamp emitting white light that is visible from the front, a red reflector or light noticeable from the rear, white or yellow reflectors placed on each pedal, and white or yellow reflectors on each side forward of the center of the bicycle and on the rear of the center of the bicycle (CVC 21201 (d)).
• Bike lanes must always be used when they are provided on the road unless you are overtaking or passing someone, nearing a location where a right turn is authorized, or when making a left turn at an intersection, private road, or driveway (CVC 21208).
• You cannot leave a bicycle on its side on a sidewalk. This will prevent pedestrians from having an open path available for them to walk on (CVC 21210).

Common Causes of Bicycle Accidents

Bicycle accidents can be caused by a number of negligent and reckless factors. Understanding these details can help you become more aware of potential hazards and will give you some ideas on what preventative measures you can take during your commutes to keep yourself safe while traveling on the road.

Failure to Yield

Failure to yield often occurs when a driver has no awareness of their surroundings or is misinterpreting Santa Ana’s traffic laws. For instance, a driver fails to check their surroundings prior to exiting a parking lot and crashes into an oncoming cyclist. In such scenarios, they can be held liable for their reckless actions. 

Speeding

Traveling at high speeds can put a driver at a disadvantage since it will lessen the amount of time they have to react to sudden changes made on the road. This could also cause them to lose control over the vehicle if they are attempting to avoid crashing into a person or an object. 

Nonetheless, vehicles going at excessively high speeds can build up intense force. If a cyclist encounters such a driver, they are likely to sustain severe or fatal injuries, especially since they do not have adequate protection to reduce the strength of the impact. 

Distracted Driving

There are several factors associated with distracted driving that can put a cyclist at risk of getting into an accident, like:

• Delayed response time
• Swerving or drifting
• Running red lights
• Open car door accidents

Injured cyclists can pursue legal action to recover damages. At West Coast Trial Lawyers, our Santa Ana bicycle accident attorneys will guide you every step of the way to make sure we construct a strong claim and get you full and fair compensation.

Unsafe Lane Changes

Unsafe lane changes can put cyclists in harm’s way, especially if either of the following are done:

• Making abrupt lane swerves
• Cutting off a cyclist
• Changing lanes without checking blind spots
• Failing to use signals to give warnings ahead of time
• Forcing a cyclist to put themselves in the path of other vehicles or parked cars

Manufacturing Defect

If a bicycle was sold with defects or design flaws, it can trigger a bicycle accident in more than one way. For instance, a tire blowout or unresponsive brakes will make it nearly impossible to stop, causing the cyclist to lose control and potentially crash. Given the scenario, the manufacturer, seller, or other entities associated with the chain of distribution can be found liable for any injuries or damages that occur. 

Common Injuries in a Bicycle Accident

Cyclists who are involved in a bicycle accident are more likely to suffer serious or fatal bodily harm due to lack of protection. Common injuries that have been reported after such a collision include the following:

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries

What to Do After a Bicycle Accident in Santa Ana

It is encouraged to take immediate action after a bicycle accident. Although it is easier said than done, you should consider doing the actions sectioned below to ensure your safety, enhance your recovery time, and protect your rights.

Contact Law Enforcement

If any injuries or damages occurred after the bicycle accident, you should contact your local law enforcement. Once they arrive at the accident scene, they will conduct a police report in which you can request a copy to use in your bike accident claim.

Exchange Information

Exchange contact and insurance information with the at fault party. Other additional details that should be acquired include:

• Driver’s license
• Vehicle make, model, and year
• License plate number

Seek Medical Attention

You should get medical attention soon after a bicycle accident. The physician will assess your condition. If they notice anything concerning, they will diagnose the problem and provide a personalized treatment plan to help with your condition. Your doctor visits, prescriptions, and procedures will all be saved on file and can be used as evidence in your lawsuit.

If you do not get your wound checked out in a reasonable time frame, the opposing side may argue that it was not a serious injury or could have been caused by something else.

Gather Evidence

Be sure to gather as much evidence as you can to build a well-constructed claim. This includes obtaining the following:

• Pictures of your injury, damages, and where the incident took place
• CCTV footage
• Witness statements
• A copy of your medical records pertaining to the bicycle accident
• A copy of the police report

Hire a Santa Ana Bicycle Accident Attorney

To ensure you get the best outcome possible in your bicycle accident case, you should hire a personal injury law firm, like West Coast Trial Lawyers, to assist you. Our Santa Ana bicycle accident lawyers are readily available to take a look at your case. We will review the documentation provided and determine what necessary steps should be taken to ensure you get maximum compensation.

Who Is Liable in a Bicycle Accident?

Determining liability in a bicycle accident will require you to obtain information that shows how:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s negligence was the primary cause of your injuries and/or damages

You can present these findings to one of our Santa Ana bicycle accident lawyers at West Coast Trial Lawyers. We will carefully analyze the details provided and identify who should hold accountability for what you endured after the collision. Potential defendants in a bicycle accident case include:

• Negligent driver
• Bicycle manufacturer
• Property owner
• Government entity
• Other cyclists

What Is the Statute of Limitations to File a Bicycle Accident Claim in Santa Ana?

The statute of limitations to file a bicycle accident claim in Santa Ana is two years from the date of when the incident occurred. You should act quickly to ensure you obtain enough evidence and hire a legal expert who you believe will fulfill your legal needs and expectations. If you fail to pursue legal action prior to the deadline, you will no longer qualify to sue the at fault party.

However, there are a few exceptions. For instance, if the defendant is a minor or out-of-state, it can toll the statute of limitations. But, it will start again immediately after the reason ends.

Available Compensation in a Santa Ana Bicycle Accident Settlement

Available compensation in a Santa Ana bicycle accident settlement will vary depending on the factors involved. To calculate the amount you are owed, the following will be considered:

• The extent of your injury
• Current and future medical expenses
• Lost income and earning capacity
• Legal fees and costs

Generally, economic damages and non-economic damages are granted in a bicycle accident.

Economic Damages

Economic damages are financial expenses you incurred after the collision, like:

• Medical bills
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are intangible costs that are difficult to measure in monetary terms, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Our Santa Ana Bicycle Accident Attorneys Are Here to Help

If you were involved in a bicycle accident due to someone else’s negligence, you are given the right to sue them to recover compensation. At West Coast Trial Lawyers, we will guide you through each stage of the legal process to ensure you are granted the compensation and justice you deserve for your losses.

To schedule a free case evaluation with an experienced Santa Ana bicycle accident lawyer, you can get in touch with us by calling (213) 927-3700 or filling out our easy online contact form.