Experienced Bicycle Accident Attorney
What is a Bicycle Accident Lawsuit?
A bicycle accident lawsuit is a legal claim filed by an injured cyclist seeking compensation for damages caused by another party’s negligence or reckless behavior. When a cyclist is hurt in an accident, often involving a motor vehicle, they may suffer severe physical injuries, emotional distress, and financial burdens from medical bills, lost income, and more. In these cases, a lawsuit aims to hold the responsible party—such as a negligent driver, a city that failed to maintain safe road conditions, or even a bike manufacturer—accountable for their role in the accident. The injured cyclist can pursue financial compensation to cover medical expenses, pain and suffering, property damage, and other losses that impact their quality of life.
Bicycle accident lawsuits typically involve proving that the defendant (the party being sued) was at fault. This often requires demonstrating that the defendant breached their duty of care to the cyclist—such as by speeding, distracted driving, or not yielding to bike lanes—and that this breach directly caused the injuries. Working with an experienced bicycle accident lawyer can make a significant difference in building a strong case, navigating the legal process, and maximizing the potential for a fair settlement or court award.
If you believe your serious bicycle accident lawsuit case is worth more than the insurance company offers, and the company’s representative indicates it’s unlikely the offer will increase during injury settlement negotiations, then you must take advantage of Hoybjerg Law’s free initial consultation.
Injured cyclists can pursue financial compensation for:
- Medical bills and future healthcare needs
- Pain and suffering
- Property damage (e.g., bicycle repairs)
- Lost income and reduced earning capacity
These damages are critical for helping victims recover and maintain their quality of life.
If your serious bicycle accident case is undervalued by the insurance company, or if their representatives indicate that an offer won’t be improved during negotiations, consider contacting Hoybjerg Law for a free initial consultation.
In California, the statute of limitations for personal injury claims is two years. If you or a loved one continues to suffer from injuries related to a bicycle accident, you must file your lawsuit within this period to preserve your right to compensation.
Important Note: Do not sign any paperwork or cash a check from an insurance company regarding your injuries without consulting a lawyer first. Doing so can limit your ability to seek full legal recourse.
Hoybjerg Law is here to help you understand your legal options and the scope of your claim. Schedule your free consultation to take the first step toward justice and fair compensation.
Hoybjerg’s Law Firm Process
Overview of the Bicycle Accident Settlement Process
Hoybjerg Law is an experienced bicycle accident attorney representing bicycle accident victims’ claims with common injuries, severe injuries, or wrongful death.
While each bicycle accident lawsuit is different, our bicycle accident lawyers do follow a proven legal process to achieve results.
Free Initial Consultation
The aftermath of a bicycle crash can be disorienting, with insurance companies rushing you to settle, especially if you or a loved one suffered a severe injury. Our free consultation will allow you to get to know our law firm, and we’ll listen to your concerns and answer your questions.
Our philosophy is that if we don’t win, you don’t pay, and that’s reflected in our free consultation.
Investigate The Accident
We obtain the police report about your accident, examine photos and videos from the crash scene where the accident happened, and speak to relevant witnesses. When we have established liability, we begin to build your personal injury claim.
Build Your Claim
We want you to receive the care you need to live your life as close to how you did before being hit by a car or accident. When there is nothing, more doctors can do, we help you gather your medical records, medical bills, and other medical expenses incurred. It’s important to seek us out as early as possible so that you receive treatment and build your claim before the two-year statute of limitations to file a personal injury lawsuit.
Negotiate A Settlement
We will send out a demand package – a collection of all the medical bills and documents that illustrate your injuries, wage loss, etc., since the car accident – to the at-fault party’s insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair offer.
Litigate Your Case
While we hope to settle, there are times when your auto accident claim must go to court. Our team will aggressively represent you and pursue an outcome in your best interest.
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Frequently Asked Questions About Bicycle Accidents
Motorists not seeing bicyclists: Motorists not seeing bicyclists is one of the biggest causes of accidents. Due to a biker’s smaller size, drivers may fail to notice them, particularly at night or in poor weather conditions. This underscores the importance of vehicle headlights and drivers’ vigilance.
Improper Lane Changing or Turning: Accidents often occur when drivers do not check their blind spots or fail to signal when changing lanes or making turns, especially right hooks.
Speeding by Motorists: When drivers exceed speed limits, their ability to react to the sudden appearance of cyclists significantly decreases, leading to potential collisions.
Failure to Yield by Motorists: If drivers do not respect cyclists’ right of way at intersections or crosswalks, bike accidents can occur.
Motorists Opening Doors without Checking: Often referred to as ‘dooring,’ this happens when car passengers or drivers open their doors without checking for approaching cyclists.
After a bicycle accident, your first priority should be to seek medical attention, even if injuries seem minor. Next, document the scene by taking photos, gathering witness information, and filing a police report. It’s also important to avoid making statements to insurance companies until you’ve consulted a lawyer.
Medical Expenses: This is often a significant part of compensation and can include both past and future bills related to the accident, including hospital visits, surgeries, medications, physical therapy, and rehabilitation.
Lost Wages: If an accident leaves a victim unable to work, they can seek compensation for lost income. This also includes loss of future earning capacity if they’re unable to return to their previous job due to their injuries.
Property Damage: Victims have the right to claim compensation for damage to their bicycle and other personal belongings involved in the accident.
Pain and Suffering: This form of compensation is given for physical discomfort and emotional distress suffered as a result of the bike accident.
Wrongful Death: If the accident resulted in a fatality, the surviving family members may seek compensation for funeral expenses, loss of financial support, and emotional distress.
Yes, in many cases, you can still pursue compensation even if you were partially at fault. States with comparative negligence laws allow you to recover damages based on the percentage of fault assigned to you. A lawyer can help evaluate your case and explain how these laws apply to your situation.
While you can file a claim on your own, working with an experienced bicycle accident lawyer can significantly improve your chances of receiving fair compensation. A lawyer will handle negotiations, gather evidence, and advocate on your behalf, allowing you to focus on recovery.
If you’re involved in an accident where a bike hits your car, it’s important to follow these steps to protect your rights and ensure safety:
Check for Injuries: Ensure that everyone involved is safe. Check on the cyclist first, as they are more vulnerable to serious injuries. Call 911 for emergency medical assistance if needed.
Call the Police: Report the accident to law enforcement to have an official record. This report can be crucial for insurance and legal purposes.
Document the Scene: Take photos of the accident scene, the damage to your vehicle, any damage to the bike, and visible injuries of all parties. Be sure to capture license plates, road conditions, and any relevant traffic signs.
Exchange Information: Obtain the contact and insurance information of the cyclist, as well as any witnesses to the accident. Provide your information to the cyclist as well.
Notify Your Insurance Company: Report the accident to your insurance provider, even if the damage seems minor. Provide them with the police report number and any additional documentation you have.
Avoid Admitting Fault: Stick to the facts when speaking with the police or the other party involved. Admitting fault could complicate your claim or legal defense later.
Consult with an Attorney: To ensure your rights are fully protected and to navigate any potential legal complications, consult with a personal injury attorney who can guide you on next steps. Our expierienced team can assist you with insurance claims, potential lawsuits, or liability issues related to the incident.
Taking these steps promptly can help protect your legal rights and facilitate any necessary compensation or coverage for damages.
If you’ve been hit by a car while riding your bicycle, here’s what you should do to protect your health, rights, and potential claim:
Get to Safety and Check for Injuries: If possible, move to a safe location to avoid further harm. Prioritize your well-being and assess yourself for injuries. Even if you don’t feel hurt right away, it’s essential to seek medical attention as some injuries may not be immediately apparent.
Call 911: Notify the police and request medical assistance if needed. An official police report can be crucial for insurance claims and any future legal actions.
Document the Accident Scene: If you are able, take photos of the accident scene, including your bicycle, the vehicle that hit you, any damage, and road conditions. If you have visible injuries, take pictures of them as well.
Collect Information: Get the driver’s contact information, insurance details, and vehicle license plate number. Also, gather contact information from any witnesses who saw the accident happen.
Avoid Admitting Fault: When speaking to the driver, police, or insurance representatives, stick to the facts. Do not make any statements that could be interpreted as admitting fault.
Seek Medical Attention: Even if you feel fine initially, visit a doctor as soon as possible. Some injuries, like internal trauma or concussions, might not show symptoms right away. Proper medical documentation is crucial for any future claims.
Report the Accident to Your Insurance: Even though you were on a bicycle, your own auto or health insurance might be relevant, so notify them about the accident.
Consult a Personal Injury Attorney: To ensure that you are properly compensated for your injuries, medical expenses, lost wages, and other potential damages, contact an experienced personal injury lawyer. Our team can help guide you through the legal process, deal with insurance companies, and protect your rights.
Taking these steps can make a significant difference in your recovery and any compensation you may be entitled to.
Types of Bicycle Accidents
Right Hook Bicycle Accidents
Right hook accidents occur when a car makes a right turn without noticing a cyclist coming from behind on the right side.
Dooring Accidents
This type of bicycle accident happens when a car’s door is suddenly opened, causing the oncoming cyclist to crash into it.
Left Cross Accidents
Left cross accidents take place when a car makes a left turn directly in front of an oncoming cyclist.
Rear-End Accidents
A common type of accident where a car hits a cyclist from behind.
Side Swipe Accidents
Sideswipe accidents occur when a car passes too close to a cyclist and hits them at the side.
Clip and Run Accidents
These happen when a car clips a cyclist and drives away from the scene.
Accidents at Stop Signs
These accidents take place when a car fails to stop at a stop sign, leading to a collision with a cyclist.
Driveway or Alley Exit Accidents
These accidents happen when a car pulls out from a driveway or alley right into the path of a cyclist.
Common Causes of Bicycle Accidents
Drivers texting, using a phone, or otherwise not paying attention.
Drivers not yielding to bicyclists at intersections or crosswalks.
A driver opens their car door without checking for oncoming bicyclists.
Excessive speeds reduce reaction time, increasing the likelihood of collisions.
Passing a bicyclist too closely or without leaving sufficient room.
Cyclists riding in the opposite direction of traffic flow.
Riding at night without lights or reflective gear.
Bicyclists running red lights or stop signs.
Potholes, uneven pavement, or debris on the road.
Rain, fog, or snow reducing visibility and traction.
Faulty or poorly maintained brakes.
Sudden tire failures leading to loss of control.
Forcing bicyclists to ride in vehicle-dominated traffic.
Leading to misunderstandings between drivers and cyclists.
Common Bicycle Accident Injuries
Commonly affecting the arms, wrists, and collarbone.
Includes concussions and traumatic brain injuries, which can occur even with helmet use.
Potentially leading to partial or complete paralysis and long-term disability.
Painful abrasions that may cause scarring and risk of infection.
Damage to organs that may not be immediately noticeable but can be life-threatening.
Includes dental fractures, broken noses, and eye trauma.
Sprains, strains, and deep bruising that may require ongoing physical therapy.
Can result in significant blood loss and may require stitches or surgical repair.
Potential for torn ligaments or cartilage that can impede mobility.
Emotional distress or PTSD following a serious accident.
