What Are Common Causes of Bicycle Accidents in California?

Understanding what causes bicycle accidents in California can help prevent them. The most common reasons these 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 raise 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.

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 the following element existed when your accident happened. The at-fault party owed a duty to the victim; The duty was breached because the at-fault party was negligent; and Due to 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.

What Damages Can Be Recovered in Bicycle Accident Cases in San Rafael?

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). Damages may include: Medical expenses, including future medical costs Lost wages Loss of 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. Your personal injury attorney will be able to identify and pursue all available damages on your behalf.

What Is the Average Settlement for Dog Bite Injuries?

The average settlement for dog bite injuries can vary based on factors like the severity of injuries, medical expenses, lost wages, and emotional trauma. Each case is unique, influencing the final settlement amount.

Will the Dog That Bit Me Be Euthanized?

In California, a dog that bites someone is not automatically euthanized. The decision depends on factors like the severity of the bite, the dog's history of aggression, and local animal control laws. Authorities may require the dog to be quarantined, trained, or, in severe cases, euthanized.

Who Pays for Dog Bite Injuries?

In dog bite cases, the dog owner's homeowner's or renter's insurance typically covers the costs of injuries. If the owner is uninsured, he or she may be personally responsible for paying medical expenses and other damages. Victims can also seek compensation through legal action against the dog owner.

Oakland Brain Injury Lawyers

Putting the “Personal” back in injury law

Few personal injuries are more devastating than those affecting the brain. In most cases, victims of brain damage or traumatic brain injuries require lifetime medical care and treatment. This means that anyone who suffers such a catastrophic injury due to someone else’s negligence could be eligible for significant compensation. In order to get the outcome you deserve, however, you’ll need skilled and experienced representation.

At the Kuvara Law Firm, we provide compassionate and aggressive representation to those who have suffered traumatic brain injuries (TBIs) as a result of negligence or wrongful acts. We’ve seen how a TBI can affect the victim and their loved ones physically, psychologically, and financially. This is why we fight so hard for our clients and won’t settle for less than full and fair compensation. Get in touch with an Oakland traumatic brain injury lawyer at one of our offices today.

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Table of Contents

What Is a Traumatic Brain Injury?

Traumatic brain injuries occur when the brain strikes the inside of the skull after receiving a violent blow or jolt. Brain injuries also happen when an object penetrates the skull and damages the delicate tissue in the brain.

In mild cases of TBI, the brain’s cells may be temporarily damaged. More severe TBIs can result in bleeding, torn tissue, bruising, and extensive brain damage. A severe or catastrophic TBI can result in significant physical impairments and psychological changes. In the worst-case scenarios, brain injuries are fatal.

According to the Centers for Disease Control, traumatic brain injuries killed 64,362 people in 2020 and caused 223,135 victims to be hospitalized in 2019. This translates to approximately 176 deaths and 611 hospitalizations per day.

What Are Common Causes of Brain Injuries?

Injuries to the brain can occur anywhere. You could be driving to work when a reckless driver runs through a red light and strikes your vehicle, or you could slip and fall while shopping for groceries. It only takes a small degree of negligence or willful aggression on the part of another party to turn any situation into a tragic accident. The following are some of the more common scenarios we have encountered:

Car accidents
Commercial truck accidents

Boating accidents
Slip and fall

Brain injuries can also be caused by physical violence such as punching or shaking, contact sports like rugby or football, and recreational activities like skiing, ATVing, and biking.

What Are the Symptoms of a Traumatic Brain Injury?

People who have been hit in the head may experience some or all of the following symptoms immediately after the incident. A doctor should be consulted immediately if you experience any of these symptoms:

Dizziness and disorientation
Confusion
Difficulty remembering, concentrating, or communicating
Depression
Personality changes
Nausea and vomiting

Head and/or neck pain
Memory loss
Insomnia
Seizures
Unconsciousness

Brain injuries can be diagnosed by the symptoms listed above, but it can often take time for them to manifest, which is why you should seek medical treatment immediately after a suspected injury. Emergency room doctors, neurologists, and neuropsychologists assess the extent of the damage by using diagnostic tools such as X-rays, computer-assisted tomography (CAT scans), and magnetic resonance imaging (MRIs).

What are the Different Types of Traumatic Brain Injury?

An accident can cause any one of a number of different brain injuries, including:

Concussion

Concussions are bruises on the brain that result when the brain strikes the inside of your skull after a sudden or sharp blow or jolt.

Fractured Skull

Hard blows can crack or splinter the skull, causing massive brain damage. When the skull splinters, bone shards can penetrate the brain tissue and cause severe bleeding, while cracks in the skull can put pressure on the brain, leading to serious injury.

Hematoma or Hemorrhage

Both hemorrhages and hematomas occur as a result of internal bleeding within the brain. Hematomas are most commonly caused by blood clots leading to burst vessels, while hemorrhages are generally caused by hard blows to the head.

Penetration Injury

An external object can cause massive blood loss if it breaks through the skull and destroys brain tissue. Further damage can be caused by skull fragments penetrating the brain.

Shear Injury

Shear injuries occur when the brain is shaken or rotated violently. A car crash or other incident can cause this to happen.

Coup-Contrecoup Injury

In a coup-contrecoup injury, the brain sustains multiple hard blows while rattling within the skull. Generally, this occurs due to a violent blow to the head.

FAQs

What Is the Statute of Limitations for An Oakland Brain Injury Lawsuit?

In most cases, you have two years from the date of your injury to file a personal injury lawsuit in California. If the injury is not discovered immediately, you have one year from the date you realize you’ve been hurt.

You should hire a brain injury lawyer as soon as possible to hold the at-fault party accountable and recover the fair amount that you or your loved one deserve. In this way, your TBI lawyer will have enough time to investigate your accident, secure evidence to support your claim, negotiate a settlement with the at-fault party’s insurer, or file a lawsuit. Our traumatic brain injury attorneys have a strong track record in and out of the courtroom and will advocate for you from the moment you retain us until your case concludes.

What Compensation Can I Get for My Traumatic Brain Injury?

In order to determine the type of award you could receive for your brain injury, we would first need to review your case. Then your head injury lawyer would be able to accurately assess its potential value. Damages typically cover losses like:

Expenses for emergency care, doctor’s visits, surgeries, medications, and other brain injury treatments;
Physical therapy, occupational therapy, and other types of therapy or rehabilitation bills;
The wages and benefits you lose due to a brain injury; and
Non-economic damages related to brain injury include pain and suffering, emotional distress, and loss of quality of life.

When a traumatic brain injury occurs as a result of reckless behavior, another person or organization may be liable for your injuries. You can seek compensation through an insurance claim or a lawsuit. A brain injury often leaves victims in a state of permanent care, changing their lives forever. In such cases, compensation can be substantial.

Do I Need an Oakland Tbi Lawyer?

By their very nature, brain injuries are catastrophic. The simplest skull injury can have devastating consequences. The effects of severe brain trauma may be irreversible or even fatal. However, the insurance company handling your personal injury claim will almost certainly try to avoid paying the compensation you deserve. These companies are like any other business in that they value profitability above all else, and if you attempt to handle your case alone, you’ll almost certainly end up with a lot less money than you need to cope with life after a TBI.

A traumatic brain injury caused by someone else’s wrongful conduct requires experienced brain injury lawyers. An Oakland head injury lawyer at the Kuvara Law Firm will use their experience, medical knowledge, and negotiation skills to obtain a settlement that covers your last losses and anticipated future ones. If necessary, we will take your case to court. We have achieved outstanding results for clients who have suffered paralysis or brain damage due to traumatic accidents.

Talk to an Oakland Brain Injury Lawyer Today

If you or someone you love has suffered a traumatic brain injury, call an experienced Oakland brain injury lawyer at the Kuvara Law Firm. When someone else’s recklessness or negligence leaves you with a serious impairment, you may be entitled to compensation for your medical expenses, lost wages, and other expenses. We will deal with the insurers and their counsel on your behalf while you focus on healing and rebuilding.

To schedule your free, no-obligation consultation with a TBI lawyer contact us today.

Oakland Brain Injury Lawyers​