I Was in a Bicycle Accident. Do I Have a Case?

Probably. Driver error causes about 90 percent of bicycle crashes in SoCal. Generally, this error is negligence, or a lack of care. Poorly-maintained roads and defective products cause most of the rest of these accidents. As outlined below, any one of these three causes could support a claim for damages in California.

Sometimes, two or more of these causes combine to create a bicycle crash. For example, a driver might sideswipe a bicyclist, forcing the rider to run over a large pothole that causes a loss of control. California’s complex joint and several liability laws come into play in these cases. But we won’t open that can of worms in this post.

Instead, this post focuses on the ability of a Carlsbad personal injury lawyer to obtain compensation after a bicycle crash, because in the end, that’s what it’s all about. Compensation in a personal injury claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Driver Negligence

Negligence, or a lack of care, could occur minutes, hours, days, or weeks before the accident happens. Or, could occur in the moments before the collision.

Driver impairment causes a significant number of bicycle crashes in California. Major kinds of driver impairment include:

• Distraction (Minutes Before an Accident): Overuse of a hand-held or hands-free device, like a smartphone, is the classic cause of distracted driving. Non-technology causes include eating. Drinking, or daydreaming while driving.
• Alcohol (Hours): The effects of alcohol worsen as, over a period of about two hours, that alcohol enters the tortfeasor’s (negligent driver’s) bloodstream, causing loss of coordination and clouded judgement.
• Fatigue (Days): A sudden change of work schedule often causes circadian rhythm fatigue. For example, if Joe switches from night shift to day shift at work, his body usually needs several days to adjust to the new schedule. Until that happens, he won’t sleep well and get the rest he needs. Fatigue and alcohol have similar effects on the body and brain.
• Medical Condition (Weeks): Some drivers have serious medical conditions, such as heart disease, diabetes, or epilepsy, which could cause a sudden and unexpected loss of consciousness. If that happens while that person is behind the wheel, the results are usually disastrous.

Aggressive driving is also negligent in many cases. Examples include speeding, turning unsafely, and ignoring a traffic control signal.

These matters are a bit more difficult for a Carlsbad personal injury lawyer to prove in court. For instance, a slight excessive speed could easily cause a bicycle accident. But slight excessive speed might not be a lack of care.

Defective Product

Defective tires and other parts also cause many bicycle crashes. That defect might occur in the design process or during manufacturing, shipping, or storage.

Generally, product manufacturers are strictly liable for the damages their defective products cause. So, negligence is only relevant to the amount of damages. Manufacturer negligence, which is usually ignoring a known defect, could support additional punitive damages in a bicycle crash case.

These cases are quite complex, mostly because manufacturers have vast financial resources and several legal defenses are available.

Dangerous Roads

These matters are complex as well, mostly because the limited sovereign immunity rule protects the government entities that design, build, and maintain roads.

Usually, absolute immunity applies during the design and construction process. Designers and builders often exercise their own judgment in these matters. You can’t sue city hall if the sight lines are poor or the road is too curvy, at least in most cases.

Certain maintenance issues are different. Once a road is designed and built, the government must keep it free of debris and otherwise make it safe.

Contact a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.