Many drivers who crash into cyclists claim they never saw the rider, as if it excuses their actions. California law views it differently; a driver’s failure to see what should have been visible isn’t a defense, but often constitutes negligence. A Bakersfield bicycle accident lawyer can counter the excuses and fight for your rights.
Contact the Law Offices of Mickey Fine today at (661) 333-3333 for a free case consultation.
Key Takeaways for a Bakersfield Bike Accident Lawyer
- Drivers in California owe a specific duty of care to bicyclists on the road.
- You don’t have to provide a recorded statement to the at-fault driver's insurance company; let your lawyer handle all communications.
- Evidence such as photos of the scene, witness contact information, and your damaged bicycle helps establish the facts of your case.
- Compensation covers more than just initial medical bills and can include future care, lost income, and the injury's impact on your life.
Why Choose the Law Offices of Mickey Fine for Your Bicycle Injury Case
When you face the consequences of a serious bicycle accident, you need an advocate who knows both the law and the local community. The Law Offices of Mickey Fine understands how accidents happen on local roads, from busy intersections along Rosedale Highway to popular cycling routes near The Park at River Walk.
Our commitment to this community drives us to secure justice for our Kern County neighbors.
A Strategy Centered on Your Recovery
We take the time to learn about how the accident has impacted your life, and we listen to your goals before crafting a legal strategy that reflects what you need for a full recovery.
Our local focus enables us to develop a case strategy tailored to the specific realities of our area, from Westchester to the newer developments in Seven Oaks.
We provide professional guidance and legal options, but you always have the final authority on critical decisions, including whether to accept a settlement.
We Handle All the Complexities
Your primary focus after an injury is your health. We manage every aspect of your legal claim, allowing you to focus on your recovery. We handle the paperwork, communicate with insurance adjusters, and build your case piece by piece.
You’ll receive regular updates from us, so you always know your case's status without having to bear the daily stress of the legal fight.
Committed to Your Compensation
A bicycle accident creates many losses beyond the initial medical bills, so we work diligently to identify and document every damage you have suffered. We build a comprehensive demand for compensation that reflects the total impact on your life.
Call the Law Offices of Mickey Fine at (661) 333-3333 to discuss how we can help you.
Understanding Fault in Bakersfield Bike Accident Cases
In California, all drivers must operate their vehicles with reasonable care, but cyclists also have a responsibility to follow traffic laws. However, a driver’s failure to see a bicyclist or yield the right of way often causes these collisions.
An experienced Bakersfield bicycle accident lawyer can investigate your crash to establish liability. This process involves a careful review of all available evidence.
We secure and analyze police reports, witness statements, and any available traffic camera footage to build a clear picture of how the accident happened. This meticulous work allows us to effectively counter any attempts by the insurance company to shift blame onto you.
What Is a Driver’s Duty of Care to a Bicyclist?
California drivers owe a specific duty of care to cyclists, which means they must remain alert and take proactive steps to avoid collisions. A bicycle crash attorney in Bakersfield can examine your case for breaches of this duty.
Common examples include:
- Failing To Yield: Drivers must yield the right-of-way to bicyclists in crosswalks and at intersections as dictated by traffic signals and signs.
- Unsafe Passing: The state’s Three Feet for Safety Act requires drivers to maintain a minimum of three feet of distance when passing a cyclist.
- Dooring: Drivers and passengers must check for oncoming cyclists before opening a car door into traffic or a bike lane.
- Distracted Driving: A driver who is texting, talking on the phone, or otherwise not paying attention can easily cause a devastating accident.
- Driving Under the Influence: An intoxicated driver puts everyone on the road at risk.
How Comparative Negligence Affects Your Claim
California law follows a pure comparative negligence standard, which means you can pursue compensation even if you were partially responsible for the accident that caused your injuries.
Insurers or, if necessary, a court assigns each party a percentage of fault, which then reduces your compensation. For example, if you were found to be 5% at fault, your total award would be reduced by 5%.
Your Bakersfield bike accident lawyer works to minimize any percentage of fault assigned to you. Our legal team proactively counters an insurance company's attempt to shift blame by systematically dismantling their arguments with objective evidence.
Pursuing Compensation With a Bakersfield Bicycle Accident Lawyer
After a bicycle accident, you can pursue compensation for a wide range of losses, known as damages. A bicycle crash attorney in Bakersfield helps you document and calculate these damages to ensure your claim reflects the full impact of the incident on your life and finances.
Your attorney harvests the evidence necessary to build a comprehensive claim and seek a settlement or verdict that covers your past and future needs. An organized and detailed presentation of your damages strengthens our negotiating position with the insurance company.
Economic Damages
Economic damages refer to the specific, calculable financial losses that resulted from the accident. You can prove these damages with receipts, bills, and employment records. We work with you to gather this documentation and project your future financial needs.
These damages cover:
- Medical Expenses: This includes everything from the initial ambulance ride and emergency room care to ongoing physical therapy, medications, and future surgeries.
- Lost Wages: You may claim compensation for the income you lost while unable to work during your recovery.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn an income in the future, you may seek damages for this loss.
- Property Damage: This includes the cost to repair or replace your bike, helmet, and any other personal property damaged in the crash.
Non-Economic Damages
Non-economic damages compensate you for the intangible, personal losses you suffered. These harms don’t have a direct price tag, but they represent a very real part of your experience. We work to build a case that communicates the true extent of these personal losses.
In many cases, they include:
- Pain and Suffering: This compensates you for the physical pain and discomfort you endured from the moment of impact through your recovery.
- Emotional Distress: If you sustained a physical injury, then you may seek damages for conditions like anxiety or post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: You may recover damages if your injuries prevent you from participating in hobbies, activities, or social engagements you previously enjoyed.
How a Bakersfield Bike Crash Attorney Manages Insurance Companies
The at-fault driver's insurance provider operates as a business. Its financial goal requires limiting how much it pays out on claims. This business model creates a dynamic that can work against your need for full and fair compensation after a bike accident in Bakersfield.
Common Tactics Insurers Use in Bicycle Accident Claims
Our attorneys anticipate the common approaches insurance adjusters use to devalue or deny Bakersfield cycling injury claims. We cultivate a case from the beginning that is built to withstand these tactics.
Adjusters may employ several strategies:
- Shifting Blame: An adjuster may argue that you hold partial or total responsibility for the accident, regardless of the evidence.
- Requesting Statements: The insurer will likely ask for a recorded statement, hoping to find comments they can use out of context against your claim.
- Offering a Lowball Settlement: You may receive an immediate settlement offer when the driver's fault seems clear, but initial offers rarely cover long-term medical needs and financial losses.
- Minimizing Injuries: The insurance company may challenge the severity of your injuries or question the necessity of your medical treatment to reduce the claim's value.
- Delaying Communications: Some adjusters purposefully slow down the process, hoping that frustration will lead you to accept an inadequate settlement.
4 Actions That Strengthen Your Bakersfield Bicycle Accident Claim
While your lawyer manages the legal work, you can take several key steps to help build and protect your claim. Your proactive involvement provides crucial information that strengthens our position when we negotiate with insurance carriers.
Simple actions you can take include:
- Adhere to Your Treatment Plan: Follow all medical advice and attend every scheduled appointment. Insurance companies often use gaps in treatment records to argue that a victim's injuries aren’t very significant.
- Keep a Personal Journal: Document your daily pain levels, physical limitations, and the specific ways your injuries impact your life to create a detailed record of your non-economic damages.
- Organize All Documentation: Secure copies of every bill, receipt, and pay stub related to your accident and injuries, and obtain the official police report to establish a clear financial record of your losses.
- Manage Communications Carefully: Refer all calls from the at-fault party's insurance company to the Law Offices of Mickey Fine, and avoid posting about your accident on social media, as adjusters search for any information they can use to challenge your claim.
FAQ for Bakersfield Bicycle Accident Lawyer
How Long Do I Have To File a Bicycle Accident Claim in California?
In California, the statute of limitations for a personal injury claim is generally two years from the date of the accident. This deadline means you have a two-year window to file a lawsuit against the at-fault party.
Certain exceptions can shorten or extend this timeframe, so speak with a lawyer quickly to protect your rights.
Who Is at Fault in a Car vs. Bike Accident if the Cyclist Wasn’t in a Bike Lane?
Drivers must safely share the road with cyclists even when a dedicated bike lane doesn’t exist. While a cyclist generally rides as far to the right as is practicable, California law allows them to take the lane for safety.
This action involves moving to the center of the lane when it’s too narrow for a vehicle to pass safely, to avoid road hazards, or to prepare for a left turn. An at-fault driver cannot shift blame by arguing a cyclist was negligent for lawfully and safely taking the lane to improve their visibility or avoid danger.
What if the Driver Who Hit Me Was Uninsured or Underinsured?
If the at-fault driver has no insurance or not enough insurance to cover your damages, you may still have options. Your own auto insurance policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage.
A Bakersfield bicycle accident lawyer can review your policy and help you file a UM claim with your own insurer.
Should I Talk to the Other Driver’s Insurance Company?
Don’t speak with the other driver's insurance adjuster or provide a recorded statement without first consulting your attorney. Adjusters work for the insurance company and often try to get you to say something that they can use to minimize or deny your claim.
Your Bakersfield bike crash lawyer can handle all communications to protect your interests.
Why Do I Need a Bakersfield Bicycle Accident Lawyer?
A Bakersfield bicycle accident lawyer manages the complex legal work required to secure compensation. They investigate and strategize to establish the other driver's negligence and directly connect their behavior to your injuries.
Your lawyer calculates your damages, negotiates for a just settlement, and can take your case to court if the insurer refuses to play fair.
Speak With a Bakersfield Bicycle Crash Attorney Today
After a serious injury, the legal system can seem like a barren and unforgiving landscape. You may feel like your life has been overturned, leaving you unsure how to move forward. Our role is to build a bridge over the legal complexities, allowing you to focus completely on your health.
The Law Offices of Mickey Fine will tend to every detail of your case, from the investigation to securing the compensation you need to rebuild. Take the first step toward clarity and control. Contact the Law Offices of Mickey Fine today for a free consultation at (661) 333-3333.