Anaheim Bicycle Accident Attorney

Many people who suffer personal injuries due to the negligence of others are unaware of the multiple types of compensation they can collect from a successful personal injury claim. An experienced Anaheim bicycle accident lawyer can ensure you maximize the compensation you receive after filing a personal injury lawsuit against the driver who caused your accident. A successful personal injury suit can potentially yield many forms of compensation, including:

• Immediate and future medical expenses. If someone else injured you due to negligence or intentionally harmful actions, you have the right to hold them responsible for the medical expenses their actions caused. Expenses include immediate medical costs like an ambulance fee, hospital bills, and prescription medications costs as well as the cost of ongoing treatment. For example, a compound leg fracture may leave you unable to walk for months, and you may need to undergo extensive physical therapy before you can walk unassisted again. You can claim the initial treatment costs you incurred at the hospital as well as the cost of the physical therapy you need.
• Lost income, both immediate and future. When you are injured by another party’s negligence and left unable to work and earn income, you can claim wages lost during your recovery period in your lawsuit. Additionally, if your accident has left you disabled and you cannot return to work at all, your attorney can consult a financial expert to determine your lost future earning capacity. Loss of future earning capacity can be added to your claim.
• Property damage. When a motor vehicle hits a bicycle, the bicycle will almost certainly be damaged beyond repair. The plaintiff in a personal injury claim can pursue repair or replacement costs of any personal property damaged or destroyed by a defendant’s negligence.
• Pain and suffering. California allows personal injury plaintiffs to recover noneconomic damages including physical pain, psychological distress, and emotional suffering resulting from a defendant’s negligence. Your attorney can help you determine an appropriate amount to claim based on the total amount of your other damages and the severity of your injuries.

Some plaintiffs in bicycle accident claims may also receive punitive damages at the discretion of the judge. Judges can award punitive damages to punish a defendant who was egregiously or criminally negligent, or those who were engaged in criminal activity when they caused the accident in question.

Drivers must always exercise care and caution when navigating around bicyclists on California roads. California law allows bicyclists to operate their bikes on all roads unless the rules of the road indicate otherwise, such as with highways and freeways. Some of the most common causes of bicycle accidents in the Anaheim, CA area include:

• Distracted driving. Every driver must pay attention to the road and always focus on the operation of their vehicle. Distracted driving is the leading cause of all motor vehicle accidents in the United States. Distracting behaviors such as cell phone use, eating while driving, and looking away from the road ahead should be avoided by all drivers.
• Driving under the influence (DUI) of alcohol and/or drugs. Intoxicated drivers have diminished reaction speed and impaired judgment. They may be unable to react in time to avoid hitting a bicyclist and have the potential to cause a severe accident. Drivers who injure others because of DUI will face criminal prosecution in addition to civil liability for victims’ damages.
• Poor visibility. Poor visibility can occur during inclement weather and at night. Bicyclists can make themselves more visible to nearby drivers by using reflectors, and drivers should engage their headlights when driving in poor visibility.
• Product defects. It is possible for a defective bike to cause a serious accident. If a bicyclist suffers an injury due to a defective bike or other product, the manufacturer is liable under product liability laws. Your attorney can help you determine the best approach to this type of personal injury case.
• Moving violations. Drivers who speed, turn without signaling, or fail to stop when required put all others nearby at risk, including other drivers, pedestrians, and bicyclists.

If you believe your recent bicycle accident happened due to these or any other examples of negligence on the part of another driver, speak with an Anaheim bicycle accident attorney as soon as possible.

If another party caused a bike accident and you intend to file a personal injury claim to recover your losses, it is necessary to establish the defendant’s negligence to succeed with your claim. “Negligence” refers to a party’s failure to exercise reasonable care in a given situation. For example, if a driver were speeding and hit your bicycle, this breaches the driver’s duty of care to follow traffic laws and posted speed limits. There are four elements of negligence a plaintiff must establish in any personal injury claim:

1. Damage. The plaintiff can only take legal action if they suffered actual harm, or some amount of measurable damage or loss.
2. Duty. The plaintiff must prove the defendant owed them a duty of care in the given situation.
3. Breach. The plaintiff must demonstrate how the defendant breached or violated their duty of care.
4. Causation. The plaintiff must provide sufficient evidence to prove their claimed damages resulted from the defendant’s breach of duty and not some other cause.

If you and your Anaheim bicycle accident lawyer can successfully prove these four components of negligence, success in your personal injury claim is likely. However, you must remember that California upholds a pure comparative negligence law. This means that if the plaintiff bears any responsibility for causing the accident, they can lose a percentage of their case award equal to the percentage they were at fault for the accident. For example, if you are claiming $50,000 in damages and the judge determines you were 10% at fault for causing the accident in question, you lose 10% of the case award ($5,000) resulting in a case award of $45,000 instead.

When you sustain injuries and other damages due to the negligence of another party, an experienced Anaheim bicycle accident attorney is your best asset to hold the other party accountable for your losses. The right bicycle accident attorney will handle the administrative side of your case and ensure it proceeds through the civil court system uninterrupted. They can also ensure you maximize your recovery by exploring every available channel of compensation in your case.

If your bicycle accident claim involves complex technical questions or unclear liability, your attorney may consult with expert witnesses to support you. For example, an accident reconstruction expert may provide the court with a clearer understanding of how your accident took place. A medical expert can explain the full extent of your injuries and/or the future medical complications you will experience in a way a jury can easily understand. You stand the best chance of succeeding in your claim and maximizing your recovery when you choose an experienced Anaheim bicycle accident attorney to handle your case.

If you are ready to take legal action for your recent bicycle accident in Anaheim, CA, the attorneys at Easton & Easton are ready to assist you. Our team has helped many area clients recover their damages from a wide range of motor vehicle accident claims, and we will put our experience to work for you and your case. Contact us today to schedule a consultation with a compassionate and responsive Anaheim bicycle accident lawyer.