Bicycling is a great way to exercise and get around the city. In Anaheim, people often gather in areas like Downtown Anaheim, Anaheim Hills, and near popular spots such as Disneyland and Angel Stadium to bike and socialize on weekends. Many also use their bikes to commute to work along major roads like Katella Avenue, Harbor Boulevard, and the Santa Ana River Trail on weekdays. Unfortunately, as biking has become more prevalent, collisions between bikes and cars occasionally occur, leading to serious injuries and fatalities.
If you are suffering from injuries sustained in a bicycle accident, an Anaheim bicycle accident lawyer from our firm can assist you. A successful resolution of a personal injury lawsuit could provide you with the financial means necessary to help you recover from your injuries.
Please do call us today to learn more about getting started with your case.
At Benji Personal Injury, our dedicated team, led by Daniel Benji, is committed to ensuring that victims of bicycle accidents receive the compensation they rightfully deserve from insurance companies and negligent parties. With our specialized expertise in handling the complexities of bicycle accident cases, we can secure justice for those who have suffered serious injuries.
Our team excels in managing the detailed aspects of bicycle accident claims, offering the precise knowledge needed to address the unique challenges each case presents. We thoroughly investigate every incident, collect vital evidence, and build a compelling case to uphold our clients’ rights. This involves detailed accident scene analysis, securing witness testimonies, and working with experts in accident reconstruction.
Beyond providing legal representation, we prioritize the well-being of our clients by ensuring they have access to necessary medical care, even in the absence of insurance. By managing the legal aspects of their claims, we allow our clients to concentrate on their recovery without the added stress of legal proceedings.
Daniel Benji and his team are also deeply committed to the Anaheim community. Through initiatives like the “One Step at a Time Scholarship,” we support students who have faced significant challenges. This $1,000 scholarship is available to high school seniors, college, and graduate students who are U.S. residents with a minimum 3.0 GPA. Applicants must submit an essay detailing their hardships and journey of recovery, along with a resume and transcript. The application deadline is September 30, 2024.
We understand the profound impact that bicycle accidents can have on your life. Whether your injuries are minor or severe, we provide the necessary support and legal expertise to guide you through this challenging time. You can trust us to advocate for your rights and work diligently to secure the compensation and justice you deserve.
Some of Our Case Results
$375,000
Bicycle accident in San Francisco, CA.
$244,195
Jury verdict in Santa Ana for client riding a bicycle in a crosswalk with no helmet. Police report adverse to client
How Our Anaheim Bicycle Accident Law Firm Can Help
With over 50 years of dedicated experience, we understand the significant impact that bicycle accident injuries can have on your life and the lives of your loved ones in Anaheim. Daniel Benji and his team are here to provide comprehensive support and legal representation. Here’s how we can assist you:
- Covering Medical Costs: Our team is committed to recovering the medical expenses you incur due to your accident. By negotiating with insurance companies and, if necessary, pursuing legal action, we aim to secure compensation that covers all your medical needs, from emergency care and surgeries to rehabilitation and ongoing treatments. This allows you to concentrate on healing without the added burden of financial worry.
- Recouping Lost Wages: We understand that injuries from a bicycle accident can lead to lost income and financial hardship. Our attorneys will meticulously gather the necessary documentation, such as medical records and employment details, to build a compelling case for your lost wages. We will work tirelessly to ensure you receive the compensation needed to support you and your family during your recovery period.
- Addressing Property Damage: Bicycle accidents often result in damage to your bike and other personal belongings. We will assist you in obtaining fair compensation for the repair or replacement of your damaged property. We handle all aspects of the property damage claim, ensuring that you are adequately compensated and can resume your normal activities as quickly as possible.
- Seeking Compensation for Pain and Suffering: Beyond physical injuries, bicycle accidents can cause significant emotional and psychological distress. Our experienced team will carefully assess and quantify these non-economic damages, advocating for compensation that reflects the true extent of your pain and suffering. We recognize the long-term impact of such trauma and are committed to ensuring you receive the support and financial relief you deserve.
While all cases are unique, our top bicycle accident lawyers in California that you take the following steps after your accident:
- Ensure Safety and Seek Medical Attention: Immediate medical evaluation ensures that injuries are documented and treated promptly, providing critical evidence for your claim.
- Call the Police: An official police report documents the accident details, parties involved, and any citations issued. This report is vital evidence for establishing fault.
- Gather Contact Information: Collect names, phone numbers, and addresses of all involved parties and witnesses. Eyewitness statements can support your version of events and corroborate your claim.
- Take Photos and Videos: Visual evidence of the accident scene, vehicle positions, road conditions, injuries, and property damage can provide a clear, indisputable record of the incident.
- Do Not Admit Fault: Avoid making statements that could be interpreted as admitting fault. Statements made at the scene can be used against you in insurance and legal claims.
- Contact Us! Our attorneys can provide legal guidance, handle communications with insurance companies, and ensure that your rights are protected throughout the claims process, maximizing your chances of receiving fair compensation.
- Get Medical Records: Comprehensive medical documentation of your injuries and treatments is essential for proving the extent of your injuries and calculating medical expenses.
- Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible. Prompt notification is often required by policy terms and helps initiate the claims process.
- Keep Detailed Records: Maintain a file with all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies. These records support your claim and help calculate damages.
- Follow Medical Advice: Adhering to your treatment plan and attending all follow-up appointments demonstrates the severity of your injuries and your commitment to recovery, which strengthens your claim.
- Avoid Social Media Posts: Refrain from posting details about the accident or your injuries on social media. Insurance companies and opposing parties may use your posts against you to undermine your claim.
Following these steps ensures that you are taking the necessary actions to protect your health, gather crucial evidence, and strengthen your legal position after a bicycle accident.
In California, the statute of limitations for filing a bicycle accident personal injury claim is generally two years from the date of the accident. This means you have two years from the accident date to file a lawsuit against the responsible party. Failing to file within this period typically results in losing your right to pursue compensation.
California Civil Code §1714 codifies the state’s pure comparative negligence rule. Under this statute, a cyclist who is partially responsible for their accident could still pursue damages against other negligent parties. Other parties could be liable for partial damages even if the cyclist bears most of the blame for their accident.
If a case comes to trial, the judge or jury determines how much responsibility each party should bear. If they find that the plaintiff’s negligence contributed to the accident, the plaintiff can collect reduced compensation to reflect their degree of fault.
Most cases never reach the trial stage, but comparative negligence still comes into play. During pre-trial negotiations, the lawyers for the defendants and their insurers might emphasize the negligent plaintiff’s role in the accident. The plaintiff’s attorney could counter attempts to shift blame to the plaintiff by presenting evidence proving the defendant’s significant responsibility for the bike accident.
Exceptions to the Statute of Limitations
Several exceptions can alter the standard two-year statute of limitations:
- Claims Against Government Entities: If your bicycle accident involves a government entity, such as poorly maintained public roads or a collision with a government vehicle, you must file an administrative claim with the appropriate government agency within six months of the accident. If the government agency denies your claim or does not respond within a specified period (usually 45 days), you have an additional six months to file a lawsuit in civil court.
- Discovery Rule: In some cases, injuries or the connection between the accident and the injury might not be immediately apparent. Under the “discovery rule,” the statute of limitations begins when you discover, or reasonably should have discovered, your injury and its cause. This can extend the filing deadline beyond the standard two years.
- Minors: If the injured party is a minor (under 18 years old), the statute of limitations is tolled (paused) until they turn 18. The injured minor then has two years from their 18th birthday to file a personal injury lawsuit.
- Mental Incapacity: If the injured party is mentally incapacitated at the time of the accident, the statute of limitations may be tolled until they regain mental competency. This provision ensures that individuals who are not in a position to understand their legal rights can still seek justice once they are capable.
- Out-of-State Defendants: If the person responsible for the accident leaves California after the accident but before you file a lawsuit, the statute of limitations may be tolled during their absence.
Comprehensive List of Evidence to Gather After a Bike Accident
In our experience, the more evidence you can get together to build your case, the stronger it will be. With this in mind, here is a full list of the (ideal) evidence you should look to collect:
- Police Report: An official police report documents the accident details, the parties involved, and any citations issued. It serves as crucial evidence for establishing fault and provides an objective account of the incident.
- Medical Records: Detailed medical documentation of your injuries and treatments is essential for proving the extent of your injuries. These records help calculate medical expenses and demonstrate the physical impact of the accident.
- Photographs and Videos: Visual evidence from the accident scene, including vehicle positions, road conditions, traffic signals, injuries, and property damage, can provide a clear, indisputable record of the incident. This helps recreate the accident and supports your claims.
- Eyewitness Statements: Statements from people who witnessed the accident can corroborate your account and provide an unbiased perspective on how the incident occurred. Eyewitness testimony can be pivotal in establishing fault.
- Accident Reconstruction Reports: Expert analysis from accident reconstruction specialists can help determine the cause and fault of the accident. Their reports provide detailed insights that support your claim and can be compelling in court.
- Traffic Camera Footage: Video evidence from traffic cameras or nearby surveillance cameras can capture the accident as it happened. This objective record can be critical in verifying the sequence of events and determining fault.
- Bicycle Damage and Repair Estimates: Documentation of the damage to your bicycle and repair estimates or receipts are necessary for calculating property damage claims. This helps ensure you receive fair compensation for the cost of repairs or replacement.
- Proof of Lost Wages: Pay stubs, tax returns, and statements from your employer showing time missed from work due to the accident help establish the economic impact of your injuries. This evidence supports your claim for lost income.
- Insurance Correspondence: Records of all communications with insurance companies, including claims filed and responses received, are important for tracking the progress of your claim and negotiations. This documentation can help resolve disputes and demonstrate your efforts to seek compensation.
- Personal Diary or Journal: A detailed account of your pain, suffering, and daily challenges post-accident can help substantiate claims for non-economic damages such as emotional distress and loss of enjoyment of life. This personal testimony provides insight into the impact of the accident on your quality of life.
- Witness Contact Information: Collecting contact information from witnesses allows your attorney to follow up for detailed statements and potential testimony. Witnesses can provide crucial support for your version of events.
- Employer Statements: Statements from your employer regarding your work performance and any accommodations made due to your injuries can help support claims for lost wages and future earning capacity.
- Receipts for Out-of-Pocket Expenses: Keep receipts for any out-of-pocket expenses related to the accident, such as medical co-pays, transportation costs to medical appointments, and purchase of medical devices. These expenses should be included in your compensation claim.
- Cell Phone Records: If distracted driving is suspected, obtaining cell phone records of the at-fault driver can help prove that they were using their phone at the time of the accident.
- Weather Reports: Weather conditions at the time of the accident can play a significant role in establishing fault. Reports can show whether adverse weather contributed to the incident, supporting your case.
Gathering this comprehensive evidence ensures that you have the strongest possible case when seeking compensation for your injuries and losses following a bicycle accident. This evidence will help establish fault, demonstrate the extent of your injuries, and quantify your financial and non-economic damages.
We understand that getting the evidence is difficult after an accident, which is why our attorneys will do this on your behalf while you focus on recovering from your injuries. Contact us today for a free consultation!
Our Contingency Fee Structure
At Benji Personal Injury, we believe that everyone deserves access to high-quality legal representation, regardless of their financial situation. That’s why we offer a contingency fee arrangement for our clients involved in bicycle accident cases. Here’s how our contingency fee structure works and why it benefits you:
- Accessible Representation: You do not need to pay any legal fees upfront. Our contingency fee structure ensures that you can afford legal representation without the burden of initial costs. This arrangement allows you to focus on your recovery without the added stress of legal expenses.
- Aligned Interests: Our fees are a percentage of the compensation we secure for you. This means our payment depends on winning your case, aligning our interests with yours.
- No Win, No Fee: If we do not win your case, you do not owe us any attorney fees. This ensures that you only pay if you receive compensation, providing financial protection for you. Our commitment to working on a contingency fee basis means we are fully motivated to achieve the best possible outcome for your case.
- Comprehensive Coverage: While our contingency fee covers attorney fees, there may be other case-related expenses such as court filing fees, expert witness fees, and costs for obtaining medical records.
- Transparent Terms: We will clearly outline how these expenses are handled in our retainer agreement, specifying whether they will be deducted from your recovery or if you are responsible for them separately.
- Detailed Terms: We provide a clear, written agreement that details the contingency fee percentage, any additional costs, and how expenses will be managed. This ensures transparency and mutual understanding from the outset.
- Client-Focused: Our retainer agreement ensures you are fully informed about the financial aspects of your case, giving you peace of mind.
Example Scenario
- Settlement Case: If your bicycle accident claim settles for $100,000 and the agreed contingency fee is 33%, our fee would be $33,000. You would receive $67,000, minus any additional case-related expenses.
- No Recovery, No Fee: If we do not secure a settlement or favorable verdict, you do not owe any attorney fees.
Why Choose Us Over Other Anaheim Bicycle Accident Attorneys?
At Benji Personal Injury, we understand that time is of the essence when dealing with bicycle accident injuries. Here’s why our firm stands out for providing fast and reliable service:
- Immediate Action: From the moment you contact us, we take swift action to assess your case, gather evidence, and start building a strong claim. Our proactive approach ensures no time is wasted in seeking justice for you.
- Quick Response Times: We pride ourselves on our responsiveness. Our team is always available to answer your questions, provide updates on your case, and address any concerns you may have promptly.
- Efficient Case Management: With years of experience handling bicycle accident cases, our streamlined processes allow us to manage your case efficiently. We work diligently to move your case forward, avoiding unnecessary delays and ensuring a timely resolution.
- Experienced Legal Team: Our attorneys have extensive experience and a deep understanding of personal injury law. This expertise enables us to handle your case effectively, ensuring that all legal strategies are implemented quickly and correctly.
- Comprehensive Support: From handling medical expenses to negotiating with insurance companies, we cover all aspects of your case. Our comprehensive support means you can rely on us to manage the legal complexities while you focus on your recovery.
- Transparent Communication: We maintain open and honest communication with our clients. You will always be informed about the status of your case and what to expect next, giving you peace of mind throughout the process.
- Proven Track Record: Our history of successful verdicts and settlements speaks to our reliability and dedication. We have a strong track record of achieving favorable outcomes for our clients, reflecting our commitment to excellence.
Choosing Benji Personal Injury means opting for a law firm that prioritizes speed, reliability, and effective legal representation. We are dedicated to securing the best possible results for you in the shortest time frame, ensuring that you receive the justice and compensation you deserve without unnecessary delays.
General Information on Bicycle Accidents in Anaheim
How Bike Accidents Occur
The majority of biking injuries occur when cyclists fall after losing control of their bikes due to their own carelessness or because they encounter an unexpected road condition, such as a pothole. However, even when a cyclist obeys all rules of the road and exercises caution, injuries are often unavoidable when a driver makes a driving mistake and strikes a bicyclist.
As biking has become increasingly popular in the Anaheim area, drivers need to safely share the roads with bikes, which means drivers need to be on the lookout for bicycles. Unfortunately, it can be challenging for drivers to see bikes because they are lower to the ground and smaller. Frequently, common causes of bicycle accidents from cars are:
- At an intersection, when a car turns and cuts off a bike that was going straight
- When a car driver fails to yield to a cyclist that has the right of way
- When a car fails to stop as required at a stop sign or red light
- When a car tailgates a bicycle and is then unable to stop in time to prevent a collision with the bike
- When a car driver tries to go around a bike, and there is not enough room, resulting in the car sideswiping the bike
- When someone in a parked car hits a cyclist by opening their car door
Drivers who fail to obey the rules of the road or make negligent or reckless errors are often responsible for cars hitting bicycles. A dedicated attorney from our firm will help you demonstrate why the driver should be liable. They would look through the evidence from the accident to show that the driver broke the law or breached the duty of care that drivers owe to all other people on the road, such as by speeding, driving distracted, or driving drunk.
Types of Injuries That Can Occur When a Car Strikes a Bike
Since cars are so much bigger and heavier than bikes, bicyclists often suffer devastating injuries or even die when struck by vehicles. Some of the physical injuries often seen after a pedestrian accident are as follows:
- Concussions and other head injuries
- Severe lacerations
- Facial wounds that could lead to permanent scarring and disfigurement
- Internal injuries
- Debilitating back injuries, such as spinal cord damage or herniated discs
- Broken or amputated limbs
- Paralysis
- Damage to internal organs
Our firm is dedicated to advocating for the rights of injured cyclists and working towards creating safer environments for all road users. Contact us today to speak to an expert Anaheim bike accident lawyer
Bicycle Accident Statistics in Anaheim and California
Anaheim
In Anaheim, bicycle accidents are a notable concern. According to the California Office of Traffic Safety (OTS), the city has experienced significant numbers of bicycle-related incidents. Here are some key statistics:
- Total Bicycle Accidents: In recent years, Anaheim reported a considerable number of bicycle accidents, reflecting the ongoing risks for cyclists in the city.
- Injury and Fatality Rates: The number of victims killed and injured in bicycle accidents remains a critical metric for understanding the severity and impact of these incidents on the community.
Los Angeles
Los Angeles, being a densely populated urban area, also faces high rates of bicycle accidents:
- High Incidence: The city consistently ranks high in the number of bicycle accidents, with numerous incidents reported each year.
- Urban Risks: Factors such as heavy traffic, road conditions, and driver behavior contribute to the high incidence of bicycle accidents in Los Angeles.
California
Statewide, bicycle accidents are a significant public safety issue:
- Statewide Statistics: California sees thousands of bicycle accidents annually, with both urban and rural areas reporting incidents.
- Fatalities and Injuries: The state records a high number of fatalities and injuries among cyclists, underscoring the need for improved safety measures and awareness campaigns.
Other Locations We Serve
Our legal experts cover the entirety of California, including but not limited to:
- Anaheim
- Garden Grove
- Los Angeles County
Speak to an Anaheim Bike Accident Lawyer Today!
If a car hit you while you were on your bike, you need to work with the right law firm. It is essential that you reach out to an Anaheim bicycle accident lawyer who understands the law and has a proven record of success. Let us perform a free evaluation of your case.
Do not delay. Contact us for help today.
By submitting this form, you agree to our Terms of Service and acknowledge our Privacy Policy. You also consent to receive calls, texts and emails from Benji Personal Injury Accident Attorneys.