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Defenses That May Be Used Against Bicycle Accident Victims
California follows a pure comparative negligence model. This means that a claimant’s damages may be reduced by an amount that is proportionate to the claimant’s own negligence.
Consider a claimant that a jury determines is 30% responsible for an accident. If the claimant is entitled to $100,000, this award would be reduced to $70,000. Therefore, those at fault for an accident have an incentive to argue that a claimant was somehow liable as well.
Defendants in bicycle accident cases may argue:
- The bicyclist was not following traffic laws.
- The bicyclist should have been wearing a helmet.
- The bicyclist was going too fast.
- The bicyclist did not take steps to make himself or herself visible to traffic (by using blinking lights, wearing reflective clothing, etc.).
- The bicyclist was under the influence of drugs or alcohol.
Without proper legal representation, bicyclists may have a difficult time defending themselves against such allegations. Our San Rafael bicycle accident attorneys know how to fight these claims and prove that the bicyclist was not at fault for the crash.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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"They held my hand thru the whole thing, answering my silly calls with questions and showing great patience."
I found the Kuvara Law Firm when I did a search for personal injury attorneys. I scanned down the possibilities but their name jumped out at me. I called, sure I didn't have a claim because I've never done this before, but on reviewing my case Mr. Kuvara said I DO have a case and assigned me to the appropriate person to get things started. They were always very friendly and encouraging whenever I contacted them. Colby is an absolute doll! Then when I had my fall and concussion Mr. Kovara referred me to a colleague at another firm that specializes in that type of case. They, too, were good and helpful and full of information I'd never think of! Everything was perfect, they really knew their jobs at both firms and took great care of me. I can't recommend them highly enough and will keep their contact information in my wallet ready to share with all who may ask! Thanks so much, Colby!
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"They really are a best in class firm who will fight for you."
I would highly recommend Kuvara Law Firm to anyone who has been in an accident. Colby Kuvara was an excellent attorney who went above and beyond in guiding me through the legal process and really advocating for me in a time that was extremely stressful. Her team was very responsive and thorough through the duration of the case.
- Jessica B. -
"They were kind, understanding, and extremely helpful in every conversation."
Beyond grateful with the service and support the professionals at Kuvara Law Firm offered me every step of the way in this process. I know being in a situation of need and not knowing where to begin is overwhelming and quite frankly a bit scary.
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Neal and Colby Kuvara worked tirelessly to achieve a result I am happy with. They did not promise me anything they did not deliver. Along with this, they are decent people, not something you may associate with Lawyers. They proceeded at a pace that allowed me to heal and kept me informed of all developments in a timely manner. I could not recommend them more highly.- Jason D.
What to Do After a Bicycle Accident
The things you say and do after a bike accident matter, both in terms of your physical health and your legal health. There are certain steps you should take to protect your legal right to get the compensation you deserve.
Get the Necessary Medical Care
The absolute most important thing after you have been involved in a bicycle accident is your health. Chances are that you have suffered some type of injury in the accident. If you were taken to the hospital, you need to continue to follow up on your case after you have been released.
If you have not yet received medical care, you need to see a doctor for a complete examination. Your injuries may be worse than you thought. In addition, when you seek medical attention, your healthcare provider will create a medical record that you can use as evidence of your injuries. Without a medical record, it can be difficult to recover compensation.
Gather the Relevant Documentation
Given the severity of your accident, you may have been too injured at the scene to begin to gather any evidence on your own. However, bicycle accident evidence has a limited shelf life and can disappear quickly. Things do not stand still around you while you recover from your injuries.
Whenever possible, have someone you trust take pictures of the accident scene, damage to your bike, and your injuries. You will also need to obtain the driver’s name, phone number, address, license information, and insurance information. If there were any witnesses, try to get their contact information, too. Keep copies of all your medical records.
bicycle accident faqs
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What Do You Have to Prove in a Bicycle Accident Claim in San Rafael, CA?
Bicycle accidents, like all other personal injury claims, require that victims prove that the at-fault party was negligent at the time of the accident. To win, your lawyer will need to demonstrate that several elements existed when your accident happened.
To win a bicycle accident case, you must be able to establish:
- The at-fault party owed a duty to the victim.
- This duty was breached because the at-fault party was negligent.
- Because of this negligence, the victim suffered damages.
In San Rafael, California, those who use public roads have a duty to do so in a manner that is safe and reasonable under the circumstances. For example, a motorist’s decision to drink and drive would certainly not be reasonable.
Most examples of negligence are also instances of failing to act reasonably. For example, texting and driving and speeding in rainy conditions would be considered negligent, as would disregarding traffic signals and failing to yield the right of way.
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What Damages Can Be Recovered in California Bicycle Accident Cases?
The damages available to you in your bicycle accident case will depend on the losses you suffered because of the crash. To recover compensation for your losses, you must show that your damages were the direct result of the at-fault party’s negligence (and not due to some preexisting condition).
These damages may include:
- Medical expenses, including future medical costs
- Lost wages
- Lost earning capacity
- Loss of employment benefits
- Costs incurred to install handrails, wheelchair ramps, and similar accommodations
- Pain and suffering
- Emotional distress
Other types of damages may also be available, depending on the circumstances of the case. Our San Rafael pedestrian accident lawyers can identify and pursue all available damages on your behalf.
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Who Is at Fault in a Bike and Car Collision?
Determining who is at fault in a bicycle accident, especially when it involved a motor vehicle, can be difficult and complex. Drivers and cyclists alike must obey the road rules in a safe and responsible way. They must exercise care for their own safety and for the safety of all others on the road. This means that a driver is not automatically considered negligent when a collision with a bicyclist occurs, so the potential negligence of both parties needs to be evaluated when assessing fault.
Negligence can take many different forms. It is defined broadly as when a person failed to fulfill his or her duty toward the other person. As a driver, this could be constituted in the form of speeding, drifting into a bike lane, failing to signal, or unsafely overtaking.
Negligent cyclists will rarely be sued themselves, but in their attempt to sue a driver, they may fail because it can be proven that they were at fault, too. This negligence could include cycling the wrong way on a one-way street, not cycling in a designated bike lane, or weaving dangerously in and out of traffic lanes.
Common Bicycle Accident Injuries
Bicyclists frequently suffer catastrophic injuries in collisions with motor vehicles due to their lack of physical protection. Unlike drivers, cyclists do not have the benefit of a vehicle's frame, airbags, or crumple zones to absorb impact. High-speed crashes often amplify the severity of injuries, as vehicles weigh significantly more than bicycles and produce immense force upon impact.
Some of the most common injuries our San Rafael bicycle accident attorneys see include:
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Traumatic Brain Injuries (TBIs)A direct impact to the head during a crash can result in brain swelling, internal bleeding, or concussions, depending on the force and location of the trauma. Long-term impacts may include cognitive impairments like memory loss, difficulty concentrating, or problems with communication skills. Emotional and behavioral changes, like increased irritability or depression, also commonly occur after a TBI. Some individuals may experience chronic headaches, seizures, or permanent neurological deficits that interfere with daily life.
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Neck and Spine InjuriesThese injuries may include whiplash, herniated discs, or even fractures to the vertebrae. Damage to the spinal cord or surrounding nerves can result in chronic pain, reduced mobility, or, in severe cases, paralysis. These consequences can affect daily activities and require extensive rehabilitation or lifestyle adaptations to cope with physical limitations.
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Road RashRoad rash occurs when exposed skin scrapes against a rough surface like asphalt. This injury typically happens during sudden falls or collisions, where the friction removes layers of skin. The severity of road rash can range from minor abrasions to deep wounds, depending on the speed and force of impact. Significant road rash can lead to long-term impacts like scarring, skin discoloration, or nerve damage if not properly treated.
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Broken BonesBroken bones and fractures are common injuries in bicycle crashes, often occurring when a cyclist is thrown from their bike or collides with another object. The impact frequently affects the arms, wrists, collarbones, and legs, as riders instinctively brace for a fall or land awkwardly. These injuries can range from minor fractures to severe, compound breaks that require surgical intervention. Long-term effects may include chronic pain, reduced mobility, or limited strength in the affected area, depending on the severity of the injury and the success of the healing process. For some individuals, extensive physical therapy may be necessary to regain full function muscle strength, while others might face permanent limitations that affect their overall quality of life.
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Soft Tissue InjuriesCyclists frequently sustain bruises, sprains, or strains during a fall or collision, commonly affecting muscles, tendons, and ligaments. Torn ligaments or severe muscle injuries sometimes require extensive rehabilitation to recover. These injuries may lead to chronic pain and stiffness, particularly if scar tissue develops or healing remains incomplete. Individuals could experience reduced flexibility and impaired performance in daily activities or sports.
Time Is Running Out to File Your Bicycle Accident Claim
In California, you generally only have two years from the date your bicycle accident happened to take legal action against the at-fault party. If the statute of limitations expires before you file your lawsuit, you’ll lose your right to recover compensation through the courts. Exceptions exist, and the timeframe to file your lawsuit may be shorter or longer. Contacting our injury attorneys right away gives you the opportunity to take legal action before time runs out.
At Kuvara Law Firm, we have helped many accident victims obtain compensation for their injuries. If you have been involved in a bicycle accident in California and would like to learn about your legal options, call or contact us online!
What Are Common Causes of Bicycle Accidents in California?
Understanding what causes bicycle accidents in California can help prevent them. The unfortunate reality is that many bike collisions are linked to driver negligence, as many motorists do not show bicyclists the respect they deserve on the road.
Some of the most common reasons bike collisions happen include:
- Vehicles turning into cyclists’ paths. Many drivers misjudge the speed and distance of cyclists when turning. Some even fail to notice cyclists altogether when they turn or change lanes.
- Dooring mishaps. Dooring occurs when a driver or passenger of a parked motor vehicle opens a car door into the path of an oncoming bicyclist.
- Reckless driving. Drivers who speed, fail to yield, run stop signs and traffic lights, or swerve into bike lanes increase the risk of bicycle accidents.
- Poor road conditions. Road debris, potholes, damaged roads, and inadequate lighting call all play a role in causing bicycle accidents.
- Impaired riding or driving. People who are under the influence of alcohol or drugs have impaired judgment, slower reaction times, and diminished ability to control their vehicles, making them more likely to cause accidents.
Why Choose Our Bike Accident Law Firm?
Choosing the right legal representation is crucial in a personal injury case. After suffering injuries in a bike accident in California, you only have one chance to secure the compensation you need to cover your medical bills and other losses. Missing a small detail, failing to follow the right procedures, or filing a lawsuit too late can jeopardize your claim. Don’t let your one chance at fair compensation slip away. Contact our experienced San Rafael bicycle accident lawyers today and let us help you get the maximum compensation you are entitled to under the law.
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We Offer Free Consultations
Are you wondering who to sue for your bicycle accident or if you even have a legitimate claim for damages? Call our experienced injury lawyers now to get free legal advice. We’ll evaluate your claim, estimate your damages, and discuss your legal options with you so you can make an informed decision about how to proceed with your case.
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We Conduct Our Own Investigations
Our attorneys work with accident reconstructionists and other experts to perform our own investigation into what happened. This helps us capture every detail and accurately determine fault. Sometimes, these minor details help us identify additional liable parties or evidence that proves who or what caused your accident.
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We’ll Stand Up to the Insurance Company
Our bicycle accident lawyers have earned a reputation in California for standing up to insurers who prioritize their own bottom line over the well-being of injured people like you. With decades of experience, we know how to counter insurers’ shady tactics, and we understand how to help you recover full and fair compensation for your losses.
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We Won’t Charge You Attorney Fees Unless We Win Your Claim
Bicycle accidents come with an abundance of challenges. Hiring a personal injury lawyer to represent you shouldn’t be one of them. At Kuvara Law Firm, we handle personal injury cases like those involving injured bicyclists on a contingency basis. This means we won’t charge you any attorney fees unless we win compensation on your behalf.
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We’ve Recovered Millions on Behalf of Our Clients
At Kuvara Law Firm, your satisfaction with the outcome of your case is our priority. Our lawyers put your needs first, and we focus on maximizing your recovery.