As one of Ventura’s cyclists, you’re exposed to a lot of danger on public roads. Sadly, too many drivers fail to account for more vulnerable road users, and serious accidents are often the result.
You shouldn’t have to risk severe physical harm when you’re cycling to work or enjoying our community’s natural beauty from a bike. If a driver’s negligence has caused you injuries, you may be entitled to compensation.
However, accessing this compensation is rarely easy, even in cases where fault clearly falls on the driver. If you were in a bicycle accident, call Ventura bicycle accident lawyer Randy Wells for a free consultation.
Common Bicycle Accident Injuries
Even bicycle accidents that occur at low speeds can lead to severe trauma. Below are some of the injuries we see most often in bicycle accident cases.
Traumatic Brain Injuries
As a cyclist, you run a high risk of head injury. If a passing or oncoming car makes contact with you, there’s a good chance you’ll hit your head against the hood or windshield.
Head injuries are among the most serious potential outcomes of bicycle accidents, for a few reasons. Severe brain damage is very difficult to treat, and its symptoms can last for life. Plus, because of the specialized and ongoing care required, medical bills for issues like this can easily stretch into the six-figure range.
As a cyclist, wearing a helmet is perhaps the most effective safety measure you can take. According to data from the Insurance Institute for Highway Safety (IIHS), helmet use reduces the risk of head injury by around 50%.
Spinal Cord Injuries
Along with head injuries, these are the most serious issues that can arise from cycling accidents. Like brain trauma, spinal injury comes with lifelong symptoms (including paralysis) that are often untreatable and lead to enormous, ongoing medical bills.
Broken Bones
Because of how exposed your body is on a bicycle, broken bones often result from cycling accidents. Studies show that fractures to the clavicle (collarbone), femur, tibia, hand, and foot, are particularly common injuries among cyclists.
Though broken bones can be relatively minor injuries, this isn’t always the case. Cases involving severe breaks or multiple fractures in the same area can require lengthy recovery periods and cause extensive disruption to your life. The risks here are particularly great if you have an existing disability or you’re over 65, as your odds of making a full recovery may be poorer.
Road Rash and Lacerations
Road rash is the name given to the injuries you sustain when your skin rubs against a paved surface at high speed. Severe road rash can lead to infection and scarring.
Internal Injuries
Damage to vital organs often results from cycling accidents. This can be particularly serious if a broken bone or external object pierces internal tissue during impact.
Death
Sadly, fatal cycling accidents are not uncommon in our community. According to data from UC Berkeley, there were 1,105 bicyclist fatalities resulting from motor accidents across the country in 2022, with California accounting for 177 of these.
If someone close to you has died in a cycling accident, you may be entitled to compensation from a wrongful death lawsuit. This can cover funeral expenses, lost household income the deceased person might have earned, and medical expenses incurred before their passing. It may also cover noneconomic damages, such as loss of companionship.
The type of injury sustained will determine the course of action we take in your case, with the goal being to fight for and secure the compensation needed for you both in the near as well as long-term future.
California Bicycle Laws You Should Know
California law gives cyclists many of the same rights and responsibilities as drivers of motor vehicles. That means drivers are legally required to share the road safely with cyclists, but also that cyclists have responsibilities in this regard too.
Three Feet for Safety Act
This legislation provides that drivers must give at least three feet of clearance when passing a bicycle. If you can show that a driver was in breach of this rule at the time of your cycling accident, you’ll stand a better chance of establishing liability on their part.
Crucially, this means that you don’t need to actually get hit by a car in order for liability to exist. If a driver puts you off balance by getting too close to you, and you fall as a result, they may be liable for your injuries.
Helmet Rules
California law requires all riders under 18 to wear helmets. This rule doesn’t apply to adults, but helmets are strongly recommended for bicyclists of all ages.
Negligence in California Law
California follows a pure comparative negligence rule, which means your compensation from a lawsuit may be reduced if you were partially responsible for your injuries. This might be the case if you’ve sustained head injuries in a cycling accident that were made worse by your failure to wear a helmet.
This works on a percentage basis; if the overall value of your damages was, say, $100,000, but you were 40% responsible for what happened, your compensation entitlements would be capped at $60,000.
What Role Does Insurance Play in Ventura Cycling Accidents?
California follows a fault-based car insurance system. This means that the insurance company of the driver who causes an accident is responsible for paying damages.
Unfortunately, this can sometimes complicate accident claims. If the insurance company of the at-fault party disputes liability, you might have to file a lawsuit to access even the most basic level of compensation.
Additionally, California law only requires drivers to carry minimum liability coverage of $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage. These limits are often far too low to cover the expenses that result from serious bicycle accidents.
If you’re curious about how the rules in this area might affect your case, you should schedule a free initial consultation with our Ventura bicycle accident attorney to discuss it in detail.
Frequently Asked Questions (FAQs)
Do I still have a case if I wasn’t wearing a helmet? Yes. The failure to wear a helmet does not automatically prevent you from recovering compensation. As noted earlier, though, your lawsuit damages may be reduced in a situation like this.
What if the driver fled the scene? Hit-and-run cases can be complex; it’s impossible to pursue compensation from a driver if you don’t know who they are or how to find them. If you have uninsured motorist coverage, you may be able to file a claim that way (even if you were cycling at the time of the incident). Additionally, your attorney will have strategies that may help to track down the at-fault party.
How long do I have to file a claim? In California, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, it’s a good idea to start pursuing compensation as soon as possible after an accident. The longer you wait, the more difficult it will be for your lawyer to build a strong case.
Will my case go to trial? Most bicycle accident cases settle outside of court. However, if the insurance company refuses to make a fair offer, our personal injury attorneys are fully prepared to take your case before a jury.
Speak With a Ventura Bicycle Accident Attorney Today
Recovering from a Ventura cycling accident on a physical and emotional level is hard enough. If the accident was the fault of a driver, you shouldn’t have to deal with major financial losses as well.
Call Ventura cycling accident lawyer Randy Wells today on (805) 535-4372 to schedule a free initial consultation about your case.