After suffering a head injury in a bicycle accident, a lawyer’s primary role is to prove the full extent of your harm and secure the financial resources needed for your recovery. A lawyer handles the entire legal process—from evidence collection to negotiating with insurance companies—so you can focus on your health.
As bicycle accident lawyers in Bakersfield, we have seen how devastating a head injury from a bicycle accident can be. Our team at the Law Offices of Mickey Fine knows how to protect the rights of injured cyclists because we have been handling these cases for years.
If a bicycle accident has injured you or a loved one, call us for a free consultation at (661)333-3333.
Why Head Injury Claims Are So Challenging in California
Bicycle accident claims involving head injuries present unique difficulties.
The Problem of the “Invisible Injury”
Unlike a broken bone that shows up clearly on an X-ray, a traumatic brain injury is often an “invisible injury.” Many TBIs do not appear on standard imaging tests. Insurance companies frequently use this ambiguity to their advantage. They may argue that because there is no obvious external wound or definitive scan, you must be exaggerating your symptoms for financial gain. We anticipate this tactic. We know how to build a case that demonstrates the reality of your condition through other forms of compelling evidence.
Proving Long-Term Consequences
A head injury’s effects may not be fully realized for months or even years. These consequences can alter your life, impacting your ability to earn a living, maintain relationships, and enjoy life. Proving the connection between a future cognitive deficit or the need for ongoing medical care and an accident that happened years prior is a significant challenge. To address this, we work with medical and financial professionals to develop a comprehensive “life care plan.” This detailed projection outlines your future medical needs and associated costs, ensuring that your claim accounts for the full, long-term impact of the injury.
The Complexity of California’s “Comparative Fault” Rule
California operates under a “pure comparative fault” system. In simple terms, this means that the compensation you can recover is reduced by your percentage of responsibility for the accident. If you are found to be 20% at fault, your total award will be reduced by 20%.
Insurance companies exploit this rule by attempting to shift as much blame as possible onto the cyclist. They might claim you were hard to see, swerved without warning, or failed to obey a traffic rule. These arguments often ignore the rights afforded to cyclists. We counter these claims by highlighting that under California Vehicle Code 21200, bicyclists have the same rights and responsibilities as motorists. This is a cornerstone of our approach to protecting injured riders.
How a Lawyer Can Help After Suffering a Head Injury in a Bicycle Accident: Building Your Case for Maximum Compensation
1. Conducting a Thorough and Independent Investigation
We do not simply rely on the police report. Our firm launches its own independent investigation to gather all evidence that supports your claim. A police report is a good starting point, but it may not tell the whole story. Our process is more exhaustive.
- Securing Evidence: We move quickly to obtain evidence before it can be lost or destroyed. This includes requesting traffic camera footage from intersections, locating surveillance video from nearby homes or businesses, and preserving the “black box” data from the vehicle involved, which can show its speed at the moment of impact.
- Interviewing Witnesses: We identify and interview everyone who saw the accident. Independent witness testimony can corroborate your version of events and counter attempts by the driver to change their story.
- Hiring Accident Reconstructionists: For complex cases, we may hire accident reconstruction professionals. These individuals use physics and engineering principles to scientifically analyze the physical evidence and determine precisely how the crash occurred and who was at fault.
2. Identifying All Liable Parties
The at-fault driver is the obvious defendant, but they are not always the only one. A comprehensive investigation sometimes reveals other parties whose negligence contributed to the accident. Identifying all potential sources of recovery is key to pursuing the maximum compensation available.
Other liable parties could include:
- A Government Entity: If a hazardous road condition, like a large pothole or an overgrown tree blocking a stop sign, contributed to the crash, a government entity could be held responsible. Claims against public entities like the City of Bakersfield operate under strict rules and much shorter deadlines. For instance, the California Tort Claims Act generally requires you to file a formal claim within just six months of the injury.
- A Manufacturer: If a defective part on your bicycle or a poorly designed helmet failed to perform as expected and contributed to the severity of your injuries, the manufacturer of that product could be held liable.
3. Quantifying the Full Value of Your Damages
We meticulously document every loss you have suffered to build a demand package that reflects the true and total cost of your injury. These losses, known as “damages” in legal terms, fall into two main categories.
Economic Damages
These are the direct financial losses resulting from the accident. We work to calculate:
- All past, present, and future medical bills.
- Lost wages and income from time you were unable to work.
- Loss of future earning capacity if your head injury prevents you from returning to your previous career or working at all.
- The costs of rehabilitation, physical therapy, assistive devices, and any necessary in-home care.
Non-Economic Damages
These damages are intended to compensate you for the intangible, personal harms that do not have a specific price tag. This includes:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life (the inability to participate in activities and hobbies you once loved).
A note on emotional trauma: It is important to know that in California, you can typically only recover compensation for emotional damages, like Post-Traumatic Stress Disorder (PTSD), if they are connected to a physical injury. The head injury you sustained in the bicycle accident serves as the required physical harm to pursue these claims.
How Life Care Planners Calculate Your Future Costs
Brain injuries don’t heal like broken bones. Many effects last forever. A life care planner helps us prove exactly what “forever” costs in dollars and cents.
These professionals are typically nurses or rehabilitation specialists with advanced training in projecting long-term medical needs. They review your medical records, interview your doctors, and create a detailed plan for your entire remaining life.
The plan might include:
- Annual neurologist visits for the next 40 years
- Cognitive therapy twice a week for the first five years, then monthly maintenance
- Medications and their rising costs over time
- Assistive technology as your condition changes
- In-home care if your symptoms worsen with age
Life care planners research actual costs, accounting for medical inflation, and considering how brain injury effects might compound as you age.
Without this professional analysis, you might ask for $50,000 in future medical costs. With it, we might prove you need $850,000. The difference can change your entire future.
Vocational Experts: Proving What Your Brain Injury Really Costs Your Career
Losing your ability to earn a living might be the biggest financial blow from your brain injury. Proving this loss requires a vocational expert—and their testimony can be worth hundreds of thousands of dollars.
These professionals analyze your work history, education, and skills. Then they compare what you could do before the accident to what you can do now. The difference is your lost earning capacity.
But it’s more complex than just “before and after.” A good vocational expert considers:
- Whether you can return to your exact same job
- If you need workplace accommodations
- What other jobs you might be able to do
- How your earning potential changes over your entire career
- The job market in Bakersfield and surrounding areas
For example, if you were a construction supervisor making $75,000 per year, but now cognitive issues prevent you from managing complex projects, you might only qualify for basic construction jobs paying $35,000. Over 20 working years, that’s an $800,000 loss.
Insurance companies will bring their own vocational experts who claim you can do all sorts of jobs. Our experts know how to steer the conversation back to reality with real-world evidence about what employers actually require, and what you can actually deliver.
Leveraging Neuropsychological Testing in Proving Your Damages
Your brain injury might be invisible to the naked eye, but it doesn’t have to be invisible to a jury. Neuropsychological testing is one of our most powerful tools for proving the true extent of your cognitive damage.
These specialized tests measure things like memory, attention, problem-solving, and processing speed. A neuropsychologist will compare your current abilities to what would be expected based on your age, education, and background. The results create a clear picture of exactly how the accident changed your mind.
Here’s why this matters: Insurance companies might claim you’re “fine” because you can walk and talk normally. But when test results show you now score in the 10th percentile for memory when you should score in the 70th percentile, suddenly your invisible injury becomes very real—and very measurable. That means putting a dollar value on it becomes much easier.
We coordinate with the best neuropsychologists in the region. These are specialists who understand how to document brain injuries in ways that translate directly into courtroom evidence.
4. Handling All Communication with Insurance Companies
Once you retain our firm, all communication from the at-fault party’s insurance company must be directed to our office. This simple action provides immediate relief and protection. It stops the calls, ends the pressure tactics, and prevents you from being tricked into making a statement that could jeopardize your case.
5. Managing Deadlines and Court Procedures
The legal system is governed by strict deadlines. A statute of limitations is a law that sets a firm time limit for filing a lawsuit. In California, the deadline for most personal injury claims is two years from the date of the injury. However, as mentioned before, claims against a government entity have a much shorter deadline, sometimes only six months. Failing to act within these windows can permanently bar you from seeking justice. We ensure all legal documents are filed correctly and on time, preserving your right to take your case to court if the insurance company refuses to offer a fair settlement.
FAQs: Answering Your Questions About Bicycle Head Injury Claims
What if I wasn’t wearing a helmet? Can I still have a case?
Yes. In California, only cyclists under the age of 18 are legally required to wear a helmet under California Vehicle Code 21212. For adults, not wearing a helmet does not prevent you from filing a claim. The insurance company will likely try to use this fact to argue that you share some fault under the comparative negligence rule. However, we would argue that the driver’s negligence was the primary cause of the collision itself, and therefore they are the one who should be held responsible for your injuries.
How much does it cost to hire the Law Offices of Mickey Fine?
We handle personal injury cases on a contingency fee basis. In simple terms, this means you pay absolutely nothing upfront. Our firm advances all costs associated with building your case, and we only receive a fee if we successfully recover compensation for you through a settlement or a court verdict.
How long will my bicycle accident case take?
There is no single answer to this question, as the timeline for every case is different. A more straightforward claim with clear liability and moderate injuries might settle within a few months. A complex case involving a severe TBI that requires filing a lawsuit could take a year or longer to resolve. Our primary focus is always on achieving the right outcome, not just the fastest one.
What if the driver who hit me was uninsured or underinsured?
This is a common concern, but you may still have options. If the at-fault driver has no insurance or not enough insurance to cover your damages, you might be able to recover compensation from your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. We can review your personal insurance policies to identify all potential avenues for your financial recovery.
Will I have to go to court?
The vast majority of personal injury claims—over 95%—are resolved through a settlement agreement without ever going to trial. Insurance companies generally prefer to settle to avoid the uncertainty and expense of a trial. However, we prepare every single case from day one as if it will ultimately be decided by a jury. If the insurance company refuses to make a fair and reasonable settlement offer, we are always prepared to present your case in court.
Get the Help You Need Today
A head injury turns your life upside down, but you do not have to face the legal and financial challenges alone. The Law Offices of Mickey Fine is a trusted personal injury lawyer in Bakersfield dedicated to holding negligent parties accountable and pursuing the resources you need to rebuild. We understand the unique complexities of head injury claims in Bakersfield.
Don’t let an insurance company define the value of your health and future. Let us handle the legal process so you can focus on what matters most—your recovery. Call us now at (661) 333-3333 for a free, no-obligation consultation.