Working with a Long Beach Bicycle Accident Attorney Will Make a Difference

When it comes to some personal injury accidents, the injured party may not always require legal assistance. However, the challenges injured bike riders face following a crash will be demanding on different levels. 

The typical selling point law firms boast is that they can recover a higher financial award rather than an individual attempting to settle a case independently. While this can be true based on expertise, there are other great benefits that working with a Long Beach bicycle accident attorney offers. Discover more here; you may be surprised by this.

Compensation for Non-Physical Injuries

Financial compensation is often associated with out-of-pocket expenses. Common examples of what could be compensated after a bike accident include property damage, some medical treatment, and even loss of earnings. These losses qualify as economic damages, and insurance companies may be less reluctant to pay them back, as they can be proven with evidence. 

Because economic losses are pretty straightforward, they can be established through receipts, bills, invoices, and medical records. 

What is less known to bike accident victims is that they are also entitled to additional compensation in the form of non-economic damages. This form of loss does not have a monetary value and is more subjective in value.

A serious bicycle accident can cause serious injuries, such as broken bones, spinal cord injuries, neck injuries, and traumatic brain injury (TBI).

Undergoing such a traumatic experience causes pain and suffering, and although this is not physically apparent, it is still considered to have a detrimental effect on an individual’s well-being. Other examples include: 

• Chronic physical pain
• Permanent disability
• Depression
• Post-traumatic stress disorder (PTSD)
• Mental anguish
• Emotional distress
• Loss of quality of life
• Memory loss
• Nerve damage
• Permanent disfigurement

An experienced Long Beach bicycle accident lawyer will prove the severity of economic damages, in addition to non-economic damages, to get clients awarded the maximum compensation. They apply the following methods to determine the value of a bicycle accident claim.

Per Diem Method

This method calculates non-economic damages in personal injury and bicycle accident cases by assigning a daily rate to compensate for pain and suffering.

This rate varies based on the severity of the bicycle accident injuries. The total award is then determined by multiplying the daily rate by the duration of the pain and suffering.

For example, if it is determined that there is $200 per day in losses for two years, that amount is multiplied by the number of days the victim suffered from the accident. In this case, the victim would be compensated $73,000.

Multiplier Method

The multiplier method in personal injury cases estimates non-economic damages by applying a factor to economic losses. This factor considers the severity and duration of the injuries, resulting in a total damage award that encompasses both economic and non-economic losses.

For example, if $10,000 worth of economic losses are multiplied by five based on the severity of impact, then $50,0000 would be awarded in the personal injury claim.

Help from a bike accident lawyer is most beneficial when trying to recoup the full extent of losses, as the insurance company will not be forthcoming in compensating non-economic damages.

Prove Fault in Bicycle Accidents

There are numerous causes as to why bicycle accidents across Los Angeles County occur. The most common reasons for local bike accidents are:

• Distracted Driving: Using phones, GPS, interacting with passengers, or other distractions can divert a driver’s attention away from the road, leading to collisions with bike riders.
• Reduced Visibility: Bicycles can be harder to see, especially at night or in bad weather. Motorists may not be aware of a neighboring cyclist, which can cause a bicycle crash when switching lanes or making turns at intersections.
• Failure to Yield: Drivers who neglect to yield the right of way to cyclists, particularly at intersections, can cause a serious accident.
• Tailgating: Not leaving enough space between motor vehicles and a cyclist increases the risk of accidents when the driver needs to stop suddenly.
• Speeding: Motor vehicles traveling at higher speeds reduce reaction time, making it more difficult to avoid a bike accident. In fact, Long Beach traffic deaths spiked in recent years, nearly doubling the yearly average as a result of speeding, according to the Long Beach Police Department (LBPD).
• Driver Impairment: Fatigue, alcohol, or drugs can significantly impair reaction time and judgment of drivers, further increasing the risk of bike accidents.
• Poor Road Conditions: Uneven pavement, potholes, or other infrastructure issues on roadways or designated bike paths can contribute to accidents.

The resources available to Long Beach bicycle accident attorneys are a great advantage, especially when dealing with a difficult insurance company.

Working with a dedicated legal team allows for a thorough investigation, careful collection and preservation of evidence, and access to important documentation, such as a police report or witness statements, that the victim may not have known to initially obtain.

Establishing Negligence in a California Bike Accident Case

Regardless of how apparent fault on another party may be, proving negligence is the official legal component to reaching a successful outcome in a bicycle accident case. A Long Beach bicycle accident lawyer can accomplish this by establishing the four factors of negligence.

1. Duty of Care

The defendant owed the plaintiff a legal duty to act with reasonable care to avoid causing harm. In California, all motorists and cyclists share the road and have a duty to behave responsibly to avoid endangering others.

2. Breach of Duty

The defendant breached their duty of care by acting unreasonably under the circumstances. This could involve actions like distracted driving, speeding, failing to yield, or driving under the influence.

3. Causation

The defendant’s breach of duty directly caused the bike accident, resulting in the plaintiff’s injuries. This element requires establishing a clear connection between the defendant’s actions and the bicycle crash.

4. Damages

The plaintiff suffered damages as a result of the bicycle accident. This includes economic damages (medical bills, lost wages) and non-economic (pain and suffering, emotional distress).

Compensation When You Are Partially at Fault

Not all bike accidents are the result of a reckless driver. The city, government entity, or even the bicyclist can be at fault. Shared fault can complicate personal injury claims, but it doesn’t necessarily preclude compensation.

The insurance company may try to convince a plaintiff that compensation cannot be recovered because fault is shared. They may even suggest that more blame can be placed on the plaintiff, claiming they played a greater role in causing the bicycle accident. 

On the contrary, because Long Beach falls under California law, and California is an at-fault state, partially at-fault plaintiffs are still entitled to compensation.

Financial compensation is still possible under the state’s comparative negligence laws but at a reduced rate.

To accurately determine an amount, a percentage of fault will be assigned to the bicyclist, and that percentage is subtracted from the initial financial award. 

For example, if the bicyclist is 10% liable for a $10,000 award, then $9,000 in damages will be awarded. To avoid being assigned a higher percentage of fault, it is crucial to work with a bicycle accident lawyer with experience working on similar cases and defending clients’ rights.

Advocating the Use of Uninsured/Underinsured Motorist Coverage

Following a bicycle accident, a crucial question is whether you have uninsured motorist coverage and underinsured motorist (UM/UIM) coverage on any personal auto policy.

This is important because the at-fault driver may be uninsured, have a lapsed policy, or carry insufficient coverage to fully compensate an injured victim.

This type of auto coverage may also be applied when cycling. An experienced Long Beach bicycle accident attorney will advise utilizing this coverage in the following instances:

• Struck by an uninsured driver
• The at-fault driver’s insurance does not cover the full extent of damages
• Struck by a hit-and-run driver

Similar to motorcycle riders, cyclists sustain serious injuries due to minimal protection in accidents. With potentially inadequate coverage from the at-fault driver, it will be advisable to pursue underinsured motorist claims.

When working with experienced legal representation, they will explore all avenues to ensure clients receive the fair compensation they deserve.

Contact the Top Personal Injury Attorneys in Long Beach, CA

At Belmont Accident Lawyers, we understand the overwhelming stress and difficulties injured victims are faced with following bicycle accidents. If you’re considering legal counsel, our experienced Long Beach bicycle accident attorneys can help you get the compensation you deserve. When you’re ready, schedule a free consultation with our law firm.