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San Diego Bicycle Accident Attorney

As fellow residents of San Diego County with some of the most beautiful weather in the state, The Gomez Law Firm understand your desire to hit the road, paths, and many other scenic routes on your bicycle. We know that riding your bicycle is an enjoyable activity and an excellent source of exercise. The gorgeous San Diego climate and extensive trail system makes cycling extremely attractive for residents and visitors alike. Many individuals enjoy cycling, especially when the weather is nice a ride is a welcome opportunity to get outside. Similarly, many San Diego residents use bicycles as their primary source of transportation.

However, it is not always blue skies and clear roads ahead. Unfortunately, bicycle accidents can cause substantial injuries, often involving significant costs.

Enter The Gomez Law Firm. If you suffer injuries in a bicycle accident you will undoubtedly be exposed to the high costs of medical care. In addition, your injuries may limit your ability to engage in certain activities. You may lose income from missed time at work. If you suffer injuries due to the negligence of another, you deserve compensation for your injuries. Our knowledgeable team of bicycle accident personal injury attorneys have years of experience helping those suffering from catastrophic injuries sustained in bicycle accidents.

Contact the personal injury lawyers at The Gomez Law Firm as soon after your accident as possible.

Contact Your Attorney Immediately

Number1Award2019At this point, the worst has happened. You have been in a crash or collision and are severely injured. But you can rest easy because The Gomez Law Firm’ focus is on you, your accident, and getting you the maximum possible recovery to compensate you for your suffering. Meanwhile, your focus is solely on you and your recovery. We feel it should stay that way.

Why Hire The Gomez Law Firm for Your San Diego Bicycle Accident Claim?

Over the past ten years, The Gomez Law Firm has recovered more than $500 million in damages for our clients. Our clients have suffered injuries in a variety of accidents, including auto accidents and bicycle accidents. Some recent awards include:

  • $5 million awarded to a victim in a bicycle accident
  • $1,650,000 to a victim with a neck injury
  • $1,650,000 to a victim with a leg injury
  • $1,700,000 to the victim of an auto accident with an ankle injury
  • $1,700,000 to the victim of a pedestrian accident with a back injury

At The Gomez Law Firm, we fight hard for all of our clients, including victims of bicycle accidents. You do not have to have an attorney to file a bicycle accident claim. However, our resources can offer important advantages, should you decide to pursue a claim. Our attorneys can help you:

  • Assess the circumstances that led to your accident. When we accept new clients, we start with a consultation to help us understand exactly what happened during the accident. First, we work to identify all responsible parties. Often there are multiple parties whose actions led or contributed to a bicycle accident. Identifying all parties who should be held accountable is important and can help you receive more compensation for your injuries.
  • Put together a personal injury claim package that includes all of your expenses. Many bicycle accident victims face substantial injuries and a wide range of expenses following the accident. We will work with you to help assess all of your expenses and include them in your claim. Expenses may include initial hospital costs as well as ongoing treatment. You may also be entitled to compensation for any lost time at work or necessary household modifications for permanent injuries.
  • Negotiate on your behalf. In a perfect world, insurance companies would automatically offer the maximum compensation you deserve for your injuries. Unfortunately, many insurance companies attempt to limit their financial liability by providing inadequate compensation to victims of serious accidents. After suffering injuries in a bicycle accident, having an attorney on your side will often significantly increase any settlement offers. After an insurance company makes an offer, an attorney can engage in negotiations to ensure you receive the compensation you deserve.
  • Take your case to trial, if needed. In some cases, the insurance company that covers the responsible driver may not want to offer the compensation you deserve. If you have to go to trial to seek compensation, we will go with you. We will fight hard to ensure your rights are protected. We will seek compensation for every impact your injuries have had on your life.

We Know The Law


The California Vehicle Code provides clear guidelines for bicyclists’ conduct when taking to the roads. Bicyclists, along with motorists, are expected to strictly adhere to these laws. Familiarize yourself with the applicable provisions BEFORE heading out. The California Bicycle Coalition is a reader-friendly option for perusing California bicycle laws and other pertinent information to make your outdoor adventure a safe one. The National Highway Traffic Safety Administration is a great resource for understanding your responsibilities as a cyclist on the road. Watch their informative ‘Rules of the Road’ video here.

Calculating the Cost: Common Bicycle Accident Claims

On a bicycle, you have no protection from the vehicle that strikes you in an accident. When accidents occur at high rates of speed, you may fly off of your bicycle. Your body may strike pavement, a light pole, a street sign, or a building with little or no protection. As a result, bicycle accidents often cause serious injuries that can lead to high medical expenses. By working with an attorney, you can better calculate the cost of your medical expenses following an accident.

Medical Expenses

Following a bicycle accident, many victims find that their medical expenses grow higher than they anticipated. You can include all of your medical expenses in your personal injury claim. Even if you are not fully recovered, you can work with your attorney to estimate your overall and future medical costs. Predictions will be based on the extent of your injuries and your projected recovery. The final amount of your medical bills will likely depend on the extent of your injuries. Some common injuries from bicycle accidents include:

Traumatic brain injury. Wearing a helmet can significantly decrease the potential for traumatic brain injury (TBI) if you are involved in a bicycle accident. However, even the best helmet cannot eliminate the risk. Over their lifetimes, victims of traumatic brain injuries can expect to pay a significant amount of money on medical expenses. The costs of medical care will vary.

Some symptoms of TBI include:

  • Confusion
  • Disorientation
  • Difficulty concentrating
  • Headaches
  • Ringing in the ears
  • Sensory changes
  • Mood disturbances or mood swings
  • Personality changes
  • Anxiety
  • Depression
  • Memory problems

In some cases, victims of severe traumatic brain injury may need round the clock care.

Spinal cord damage. The cost of spinal cord damage varies significantly depending on the extent of the injury. In just the first year following a spinal cord injury, victims could face:

  • An average of $347,000 in medical expenses for incomplete spinal cord injuries that cause decreased mobility
  • An average of $518,000 for paraplegia
  • An average of $769,000 for tetraplegia

For victims of spinal cord injury, the need for medical care will also continue throughout the rest of their lives. Incomplete spinal cord injuries do not completely sever the spinal cord, and victims maintain some mobility despite the damage.

Victims with incomplete spinal cord injuries may heal, recovering increased mobility overtime. However, victims with complete spinal cord damage may not ever regain mobility below the site of the injury. Spinal cord damage may cause a loss of bladder and bowel control and limited sexual functioning.

In addition to the cost of hospitalization, surgeries, and therapy, victims with spinal cord damage may face other costs related to their injuries. The following costs may all be included in your bicycle accident personal injury claim.

  • The cost of modifying a home. Home modifications may include wheelchair ramps, widened doorways, or special showers that improve freedom of movement for the accident victim.
  • The cost of specialized vehicles making it possible for victims with paraplegia or decreased mobility to continue to drive themselves.
  • The cost of a wheelchair. Average wheelchair costs vary dramatically based on the victim’s needs. However, a standard, non-motorized wheelchair intended for everyday use can cost between $1,000 and $2,000. On the other hand, a motorized chair can cost as much as $30,000.

Amputation. Having to amputate a foot or leg can be devastating.  In addition, it can cost anywhere between $30,000 and $60,000 for the initial hospital stay. Many people choose to use a prosthesis to improve mobility or independence after the accident. As a bicycle rider, you may want a specialized, heavy-duty prosthesis. A specialized prosthetic will allow you to enjoy your favorite form of exercise as soon as possible after the accident. During a lifetime, the cost of prosthetic devices can mount substantially. A basic prosthesis often costs around $5,000, while a more expensive model may cost as much as $50,000.

Amputation victims often need to replace these prosthetic devices within the first year after amputation. Generally, prosthetic devices must be replaced every three to five years. They may need more frequent replacement after heavy use, especially use by athletes.

Broken bones. Following a bicycle accident, you may have multiple broken bones. If you do not require surgical intervention to fix those bones, your medical treatment may cost a few thousand dollars.  However, surgical treatment for a broken bone may cost as much as $35,000. Multiple broken bones may substantially increase the amount you must pay to treat your injuries.

Road rash. Many bikers take pride in minor road rash from the slips and spills they have over the years. Road rash on the face or neck, however, can cause significant disfigurement that makes many people highly uncomfortable. Road rash around the joints, on the other hand, can significantly decrease mobility, making it hard to perform common activities. Many accident victims choose scar revision to help decrease the appearance of scars and restore normal appearance after road rash. The cost to minimize those scars will vary based on the extent of the injury.

Unexpected Medical Costs

In addition to the common medical costs experienced after an accident, many accident victims must also consider other factors. Talk with an attorney to determine more about how unexpected medical costs could contribute to your personal injury claim. Unexpected medical costs may include:

  • Durable medical equipment, including shower chairs, scooters, crutches, and hospital beds
  • Physical therapy
  • Occupational therapy
  • Psychological therapy to help cope with trauma from the accident or ongoing issues during recovery

Lost Time at Work

When you suffer serious injuries in a bicycle accident, it may prevent you from going back to work. If you work in a labor-intensive job, for example, you may struggle with injuries that impact mobility or strength. If you work in a highly creative profession, traumatic brain injury can prevent you from performing your normal job responsibilities.  If you lose wages as a result of a bicycle accident, you are entitled to compensation for those losses.

In addition to lost wages, you may also be entitled to compensation for lost earning potential in the future. You may claim lost earning potential if your injuries prevent you from returning to your former profession after an accident. Lost earning potential claims can help you return to school or acquire better certifications. You may then be able to pursue employment in another field.

Pain and Suffering

In addition to monetary costs, you may face other losses due to your bicycle accident including, physical pain, mental suffering, and loss of enjoyment of life. These damages are often called “pain and suffering.”  Being injured in a bicycle accident may prevent you from doing activities that brought you pleasure, including social activities with friends and family members. Depending on the facts of your case, you may be able to recover pain and suffering in your claim.

Determining Liability After a Bicycle Accident

To claim your injuries after a bicycle accident, you must determine what factors contributed to your accident. Often injured parties choose to file a personal injury claim against the driver who caused your accident. However, there may be more than one party who is responsible for your accident.  For example:

  • A drunk driver could share liability with the bar or restaurant that chose to over-serve that driver.
  • A mechanical failure could implicate the vehicle manufacturer or the mechanic who most recently worked on the vehicle.
  • If the driver is an employee and was working at the time of the accident, the employer could share liability.

To determine liability after a bicycle accident, you may need to work with an experienced attorney who can look at your case, review the circumstances that led to your accident, and hire expert witnesses to support your case.

The Main Types of Bicycle Accident Claims

  • Bicycle vs. Road Defect (Design or Maintenance Problem)
  • Bicycle vs. Auto
  • Cycling Product malfunction (Design or Manufacturing Problem)

San Diego Bicycle Accident FAQs

San Diego is a great place to ride a bicycle, whether you choose to take in the sights on the Bayshore Bikeway, get a workout on your road bike climbing to the Palomar Observatory, or commute to and from work by cutting through Balboa Park.

Cycling in San Diego comes with risks, however. Accidents happen, and when they do, they can be catastrophic for riders because a bicycle is no match for a vehicle of any size in a collision.

The experienced bicycle accident injury lawyers at Gomez Trial Attorneys help injured San Diego cyclists and the families of those who tragically perish in local bicycle accidents get the compensation they deserve. That way they can pay for their medical expenses, lost wages, pain, and suffering.

Contact Gomez Trial Attorneys online or by phone for a free case evaluation after a bicycle accident in San Diego injures you or a loved one. Below, our team answers some frequently asked questions about San Diego bicycle accidents.

What types of San Diego bicycle accident cases do you handle?

San Diego cyclists can suffer injuries in many types of traffic accidents.

We represent clients in virtually any of them, including:

  • When a motorist opens a vehicle door into the path of a cyclist and causes a dooring accident.
  • When a defective or poorly built bicycle breaks and causes the rider to crash.
  • When a motorist runs into a cyclist from behind after getting distracted or following too closely.
  • When a vehicle turns into the path of an oncoming bicycle or a bicycle in an adjacent traffic lane.
  • When unreasonably dangerous road conditions that local authorities should have fixed or warned the public about cause a bicycle crash.
  • When a motorist fails to share the road safely with a cyclist, such as by passing too fast or too close, honking or yelling at a cyclist, or throwing items at a cyclist.

These are examples only. No matter how you or a loved one suffered injuries in a bicycle accident, the Gomez Trial Attorneys team invites you to contact us for a free consultation. You may have the right to substantial financial compensation.

What types of San Diego bicycle accident injuries do you handle?

Our experienced team of award-winning trial attorneys has helped numerous clients recover compensation for a broad array of serious and catastrophic injuries. Over our years of practice, we have developed extensive knowledge about the causes, effects, and costs of those injuries, which we put to work to ensure that our clients receive as much money as possible to help them heal and rebuild after a San Diego bicycle accident.

Here are some of the common injuries for which we can help injured cyclists secure compensation:

  • Head/brain injuries: A properly-fitted bicycle helmet can offer some protection in a crash, but it cannot eliminate the risk of a serious head or brain injury. A traumatic brain injury—whether it consists of a concussion or major damage to brain tissue—can cause severe, long-term impairments for injured San Diego cyclists.
  • Spinal cord injuries: Cyclists thrown from their bicycles in a collision with a larger vehicle or a road hazard risk spinal cord damage. A spinal cord injury may result in permanent paralysis and a lifetime of challenges and unplanned expenses.
  • Back injuries: Riders need not necessarily suffer damage to their spinal cords to suffer extreme back trauma from a bicycle accident. Fractured vertebrae, ruptured discs, and nerve damage in the back from a fall or impact can leave cyclists in lasting pain that inhibits every aspect of their lives.
  • Severe fractures and orthopedic injuries: A violent fall from a bicycle onto or against a hard surface will also risk breaking the rider’s bones or inflicting severe trauma to joints, muscles, ligaments, tendons, and cartilage. Any of these injuries can leave a rider struggling with chronic pain and limited mobility.
  • Internal injuries: The violent force of a bicycle accident impact can cause injuries to vital internal organs, such as the lungs, liver, kidneys, and spleen. Harm to these organs may result in long-term health complications that require constant care.
  • Road rash: Taking a slide along rough pavement can scrape, tear, and rip a rider’s skin and the tissue beneath it, embedding dirt and debris in the wound along the way. The resulting injury puts the injured rider at risk for dangerous infections and often leaves disfiguring scars.

As above, these are merely examples of the types of injuries for which the Gomez Trial Attorneys team can help injured San Diego cyclists obtain compensation. Talk to us today about how a bicycle crash in San Diego harmed you or a loved one to learn about how we may help.

Can I sue for my San Diego Bicycle accident?

Chances are good that you can, but it takes talking to a skilled San Diego bicycle accident injury attorney to know for sure.

In general, under California law, you have the right to take legal action seeking compensation from anyone whose unreasonably dangerous conduct caused your bicycle accident, as well as against anyone who has a legal obligation to answer for that conduct.

To put it more simply, if your San Diego bicycle accident shouldn’t have happened and it wasn’t entirely your fault, then you probably have the right to seek compensation for it. A skilled bicycle accident injury lawyer can help.

You may, for example, have the ability to sue:

  • A motorist whose careless actions while driving led to a crash that injured you;
  • A business that employed the driver of a commercial or work vehicle that collided with you;
  • A municipal government that failed to fix or warn you about a preventable, dangerous road condition that played a role in your San Diego bicycle accident; or
  • An automotive or bicycle manufacturer, if defective equipment caused your bicycle crash.

Again, these are just a few examples. The most reliable way to find out if you can sue for your San Diego bicycle accident, and if so, who you might have the right to sue, is to speak with a skilled bicycle accident lawyer as soon as you can after your accident.

What kind of compensation can I get for my San Diego bicycle accident?

It depends on the specific facts of your case. In general, however, victims of bicycle accidents in and around San Diego can usually seek to obtain two kinds of damages for their injuries and losses: economic and non-economic.

Economic damages, also known as special damages, consist of financial costs and losses you incur because of a bicycle accident, such as:

  • Medical expenses related to treating your injuries, including expenses already incurred, and estimated expenses you will incur in the future.
  • Wages and income you did not earn because your injuries caused you to miss work, and that you may not earn in the future because of the effect your injuries have on your ability to work.
  • Repair or replacement of property damaged in the accident, such as the value of an expensive road bike or of the items you were carrying with you in a backpack at the time of the accident.
  • Other expenses you would not have faced but for the bicycle accident, such as the cost of modifying your living space to accommodate a disability, or of hiring help with day-to-day tasks while you recuperate.

Non-economic damages, also called general damages, compensate you for the non-financial harm you suffered in and after a San Diego bicycle accident, such as:

  • Your current and expected future physical pain and discomfort.
  • Your current and expected future emotional anguish and other mental health struggles resulting from the accident.
  • Your diminished quality of life, such as when a bicycle accident injury robs you of your independence or your ability to engage in activities you enjoy.
  • Damage to your closest personal relationships because of your injuries.
  • Your loss of use of a limb or appendage, or your loss of a bodily function like your sight or hearing.
  • Living with scarring and disfigurement from your injury.

In a limited number of cases, San Diego bicycle accident victims may also seek punitive damages against the at fault party. These damages punish particularly extreme or outrageous conduct.

How much money can Gomez Trial Attorneys get me in my San Diego bicycle accident claim?

We will never guarantee results in cases we handle. That’s just not how the legal system works. We can, however, tell you that our team has a hard-earned and well-deserved reputation for obtaining top dollar settlements, judgments, and jury verdicts for our injured clients.

In general, the amount of money our team may secure on behalf of an injured San Diego bicyclist usually depends on:

  • The severity of our client’s injuries, which has a direct correlation to the size of their economic damages, as well as the degree of suffering and other non-economic harm they endure.
  • The strength of the evidence on which we can build our client’s case for liability and damages.
  • The financial resources of the party at fault and, oftentimes, the size of that party’s liability insurance policy.

The Gomez Trial Attorneys team works hard to identify and pursue every dollar of compensation our clients deserve for injuries and losses they suffer in bicycle accidents.

Can I do anything to help my San Diego bicycle accident case?

Yes, you can.

First and foremost, get the medical care you need and follow your doctor’s treatment plan. At Gomez Trial Attorneys, we want our clients as healthy as possible. We also want our clients to have complete and comprehensive medical records that we can use to prove the nature and extent of their injuries. Finally, we want our clients to avoid giving ammunition to defense lawyers and insurance companies who always look for opportunities to argue that injured accident victims should have done more to take care of themselves.

Next, save everything in your possession connected to your San Diego bicycle accident until a lawyer has a chance to review it. In particular, do not throw away your damaged bicycle or helmet, and do not get them fixed either. They may constitute valuable evidence in proving your claim for damages. Also, save all paperwork, including insurance statements, medical records, and police reports.

Finally, avoid any interaction with the at fault party’s insurance company. You have no obligation to talk to an insurance adjuster who calls to ask you questions about what happened. If you receive a settlement offer directly from that insurance company, do not agree to it and do not sign anything until you have consulted with an experienced San Diego bicycle accident attorney about your rights.

When should I contact Gomez Trial Attorneys about my San Diego bicycle accident?

As soon as you can.

Bicycle accidents sometimes cause catastrophic injuries. Even if you are still in the hospital after a San Diego bicycle accident, do not hesitate to contact us right away. We offer a free consultation to discuss your legal options, and we can come to meet you in the hospital if need be.

We encourage you to contact us immediately because you have a limited time to take legal action for compensation. By contacting a lawyer immediately you can ensure you do not miss important deadlines that could impair your rights. You also enhance the lawyer’s ability to collect important evidence on your behalf, before that evidence goes missing.

The Gomez Trial Attorneys team of San Diego bicycle accident injury lawyers wants to see you receive the maximum compensation available. Contact us now for your free case evaluation.

Statistics

A study by the National Highway Traffic Safety Commission revealed that bicyclists accounted for 2 percent of all traffic deaths and 2 percent of all crash-related injuries in one recent year. Results revealed that cyclist deaths occurred primarily between 6 p.m. and 9 p.m., with the occurrence increasing to 71 percent in urban areas. Another study reported the number of cyclist deaths increased to 18 percent in one recent year. This is consistent with the Governors Highway Safety Association’s reports of increasing cyclist fatality incidents.


Source: www.ots.ca.gov

Be Prepared

While you cannot control other cyclists and motorists on the road, you can control how well you personally prepare for your ride and take steps to decrease the risk of a crash. Simple measures such as ensuring that your bike is the right size for you, your bike is functioning properly, and wearing reflective, protective gear. The NHTSA offers a helpful tutorial on how to fit your helmet. Finally, never stop learning. Visit local classes to brush up on how to navigate traffic and communicate with others on the road.

Arm Yourself With Information: Resources For Cyclists

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If you need an attorney after a bicycle accident claim, do not delay. Contact The Gomez Law Firm at (619) 237-3490 as soon as possible after your accident. We can help you seek the compensation you deserve for your injuries.


The Gomez Law Firm
655 West Broadway, Suite 1700
San Diego, CA 92101
Phone: (619)-237-3490


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