Category Archives: Bicycle Accident
How Long Does It Take to Get a Bicycle Accident Settlement?
If key issues in the case, mostly liability (legal responsibility for injury) and damages (amount of compensation) are crystal clear, most insurance companies have a legal duty to settle most bicycle accidents claims in a few weeks. But these issues are rarely crystal clear. The at-fault driver isn’t always legally responsible for all damages,… Read More »
Legal Obstacles to Bicycle Crash Settlements
A refusal to partner with a lawyer may be the biggest legal obstacle to a bicycle crash settlement. Victims with lawyers receive over three times as much money as victims without lawyers. Legal defenses, some of which we discuss in this post, are also legal obstacles to bicycle crash settlements in many cases. These… Read More »
Breaking Down a Bicycle Accident Claim
In 2024, bicycle ridership hit an all-time high of over 110 million Americans. Significantly, the number of children, a ridership demographic that’s been dropping since 2018, increased greatly. All bicycle riders, especially children, are extremely vulnerable to serious injuries in vehicle collisions. Thin bicycle helmets resemble egg crates in many ways. If you jostle… Read More »
Do I Need a Lawyer for a Bicycle Accident?
If you want a fair settlement, then yes, you need a lawyer for a bicycle accident. The average attorney-negotiated settlement is over three times larger than the average non-attorney-negotiated settlement. The reason for the discrepancy is simple. Insurance companies have lawyers looking out for their interests. An unrepresented victim taking on a lawyer is… Read More »
Bicycle Accident Claims: What to Expect
Eventually, most bicycle accident victims can expect a settlement. Jury or bench trials resolve less than 1 percent of the injury claims filed in California. A settlement is a process, not a result. Insurance companies drag their feet as long as possible. When they finally come to the table, they usually make low-ball or… Read More »
Formal and Informal Defenses in Bicycle Crash Claims
The evolution of bicycle crash negligence defenses is one reason the plaintiffs’ winning percentage in civil claims has plummeted since the 1990s. As late as the early 1990s, even mediocre lawyers could obtain maximum compensation in these matters. After a cursory investigation, a lawyer made a “take it or leave it” settlement offer. Because… Read More »
Multi-Million Dollar Settlement in Bicycle Accident Claim
The City of San Diego agreed to pay $7 million to resolve a claim that improper street maintenance caused a 2022 fatal bicycle crash in Old Town. According to court documents, the victim was riding his bike home from his job at the San Diego Zoo when a car backed into the road on… Read More »
Breaking Down a Bicycle Accident Claim
Most bicycle accident claims are based on the concept of negligence, which is basically a lack of care. That lack of care is usually a failure to properly look out for bicyclists, usually because the tortfeasor (negligent driver) was impaired or driving aggressively. More on that below. Bicycle crash injuries are usually catastrophic. Because… Read More »
Bicycle Accidents and Head Injuries
Bicycle crash victims sustained head injuries in about a third of bicycle accidents. That’s a third of all victims, not just serious crash victims. Many of these incidents aren’t classified a ”serious” because the victim sustained no other serious injuries and didn’t immediately require extended hospitalization. Diagnosis and treatment issues plague these injuries, often… Read More »
Possible Defenses in Bicycle Crash Claims
Bicycle-vehicle collisions have a much higher serious injury rate than vehicle-vehicle collisions. Bicyclists account for about 1 percent of the traffic on California roads. But bicycle riders account for about 2 percent of roadway fatalities in the Golden STate. Bicyclists, unlike vehicle occupants, have no safety restraint systems to protect them. Compensation in serious… Read More »