Have you or a loved one been injured in a bicycle accident?
Don’t put yourself at risk of getting taken advantage of by the insurance company and their lawyers. Call and talk to one of our experienced bicycle accident lawyers today for a free consultation – don’t guess about your legal rights or the value of your case.
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- Never a Fee Unless We Win Your Case
- Millions Recovered for Victims and Families of Accidents
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A few tips:
- Seek Immediate Medical Attention
- Do Not Speak With the Insurance Company without Consulting an Attorney
- Gather as Much Information (witnesses, times, dates, locations)
- Order your free copy of our new personal injury book
- Don’t Delay, Call Now And Speak With a Lawyer for Free
Although we are fortunate to live in an area that focuses on healthy living and enjoying the beautiful weather by bicycling outdoors, the dangers presented are extreme. Every six hours, an automobile strikes, and kills, a bicyclist. Children under sixteen suffer half of these wrongful deaths.
Because of the enormous difference in momentum and force between a car and a bike, even if the cyclist survives the impact, the resultant injuries are often catastrophic. Brain injuries, spinal cord injuries, and even wrongful death, unfortunately, are far from uncommon.
There are several different theories or doctrines under which a driver can be found to be liable for causing an accident with a bicycle.
Negligence
A person who fails to act as a reasonable person would act under similar circumstances is deemed to have acted negligently. That person is liable for all injuries proximately caused by the negligence. In a given scenario, there are several people who may be liable for the injuries.
Liability of the Driver
In the context of driving a vehicle, negligence law demands that a driver exercises ordinary care and skill when operating a motor vehicle. The driver must act as a reasonable person would act under like circumstances.
For example, if a driver’s tire blows, causing an accident, one question to be addressed is whether that driver acted reasonably in not checking or replacing the worn tire. If the driver did not exercise ordinary care in the maintenance of the tire, then that driver acted negligently, and is liable for injuries caused by that negligence. Also, if a driver loses consciousness while driving and causes an accident, it is necessary to ask whether that driver acted reasonably in getting behind the wheel in the first place. If he or she had a history of blacking out, then the act of driving, itself, was likely negligent.
Liability of the Owner
There are circumstances in which the owner of a vehicle can be liable for injuries, even if he or she was not driving the car at the time of the accident. This theory of liability, called negligent entrustment, arises when a vehicle owner entrusts his or her vehicle to an unfit, incompetent, or reckless driver. For example, if the owner lends his car to someone who has been drinking alcohol or to someone who the owner knows is otherwise unfit, the owner has acted negligently and may be liable to persons injured in an accident.
Liability of the Employer
Under the theory of vicarious liability, an employer is liable for the negligent conduct of its employees, as long as the employee was acting within the scope of the employment. For example, if a delivery driver causes an accident while delivering a product on the job, then the delivery driver’s employer is legally responsible for the injuries. Even if the employee works in an office, if that employee causes an accident while running an errand for the office, then the employer is said to be vicariously liable for the negligence of the employee.
Liability of the Parent
Adults may be liable for the negligent driving of a minor.
Negligence Per Se
A person’s conduct is presumed to be negligent when that person violates a law or ordinance, and as a result someone is injured. For this doctrine to apply, the injury must be the sort that the statute sought to avoid.
For example, if a person runs a red light and causes an accident, that person is deemed to have acted negligently, since the law forbidding running a red light is designed to prevent precisely that sort of accident. A driver who causes an accident while operating a motor vehicle under the influence of alcohol or drugs is presumed have acted negligently.
There is no reason to suffer alone from the effects of a bicycle accident. The Law Offices of Slaughter & Slaughter can help you bring a claim and strive to get compensation you and your family will need for a lifetime of coping with these often catastrophic injuries. Our compassionate personal injury lawyers want to see you achieve the best resolution possible.
WHAT TO DO:
If you or a family member has been injured in a bicycle accident:
1.Seek immediate medical attention for your injuries. Go to an emergency room or an urgent care as soon as you experience any pain or discomfort following an accident. Even if you don’t see any external injuries, it is extremely important to be evaluated to see if you have any fractures, a closed head injury, or internal bleeding. If you do not you’re your injuries require emergency medical care, see your family doctor as soon as possible. If you delay in seeking medical care, you could be making a costly mistake. At the Law Office Slaughter & Slaughter, we work with medical doctors, chiropractors, and therapists who specialize in treating people who have been injured in an accident. Even if you do not have health insurance coverage, Slaughter & Slaughter can provide medical referrals for you to receive appropriate treatment.
2.Limit your communication insurance adjusters. It is generally okay to speak with the adjuster about property damage, but, do not talk about your injuries. The adjuster’s job is to obtain information to use against you when it is time to pay your claim. The goal is to pay you as little money as is possible to settle your claim. So, with regard to your injuries, simply tell the adjuster you were hurt in the accident and that you are seeking medical treatment, and decline to go into any further detail.
3.Contact an experienced attorney. Bicycle accidents often involve complex liability issues, and failing to have proper legal representation can cost you thousands, if not hundreds of thousands of dollars. Also, the attorney can deal with any insurance adjusters. As tempting as it may be, don’t be lured into signing a release in exchange for a quick settlement. Once you sign that release, you cannot ask for more money, which will be tragic if you find out that your injuries have not fully resolved and you need additional medical care.
The Law Offices of
Slaughter & Slaughter
402 West Broadway,
Suite 400
San Diego CA 92101
1-619-456-0027
Don’t delay, call today for more information and a free evaluation of your claim.
Call now for a FREE consultation 888-207-5321
