bicycle accident

Bicycling in San Mateo is a healthy, eco-friendly way to get around. However, bike accidents are becoming more frequent with more cars and distracted drivers on the road than ever before. These collisions can lead to severe injuries, mounting medical bills, mental health struggles, and strained personal relationships. If this has happened to you, a San Mateo Beach bicycle accident lawyer can help you pursue the compensation you need to get your life back on track.

The team at Carcione, Henderson, and Markowitz, LLP has over four decades of experience in protecting the rights of consumers and working people. In that time, we’ve built an extensive track record of success in the courtroom and at the settlement table. Our multimillion-dollar recoveries in complex personal injury lawsuits have provided our clients with the compensation they deserve and contributed to safer industry standards.

Our experienced attorneys are dedicated to seeking justice for bicycle accident injury victims as they continue along the road to recovery. Contact us today to schedule your free, no-obligation consultation. You pay nothing unless we win your case and recover compensation for you.

Why Should I Hire an Attorney for My San Mateo Bicycle Accident Claim?

Pursuing a bicycle accident claim is a complex and challenging matter that’s all the more difficult to handle when you’re recovering from bike accident injuries. Seeking out a bicycle accident lawyer in San Mateo can offer a variety of benefits, including the following:

  • Offering Legal Guidance – Pursuing a bicycle accident lawsuit can be overwhelming without an experienced professional to guide you. CHM Law Firm offers free consultations, during which we can assess your case and suggest the best path forward.
  • Gathering Evidence – Your case will depend heavily on the evidence you collect. The best evidence can help prove the other person’s negligence, support your version of events, and confirm the extent of your injuries and their impact on your life. Your lawyer can do all the legwork and complete all the paperwork necessary to acquire that evidence, no matter how difficult it may be.
  • Calculating the Value of Your Claim – Without an experienced bicycle injury attorney, you may leave money on the table, as insurers are notorious for offering meager settlements to desperate accident victims. Your attorney will know how to assess the total value of your claim by looking at your financial losses and assigning a value to your pain, suffering, and the future impact of your injuries on your life.
  • Negotiating with Insurers – Insurance companies are businesses, and it’s their job to protect shareholder profits. That means they’ll fight to minimize your compensation or even deny your claim if they can find a way to do so. Working with a reputable bicycle accident law firm means having aggressive representation at the negotiation table and an advocate who won’t fall for insurance company tactics.
  • Representing You in Court – When a settlement can’t be reached, your claim must go to court. When you’re in that situation, an experienced trial attorney can be your fiercest advocate.
  • Never Charging Anything to Get Started – CHM Law Firm understands that many accident victims will not seek legal help due to worrying about the cost of having a lawyer. That’s why we represent clients without asking for any upfront attorney fees. Instead, any fees and costs come from a portion of what we recover for you. If we don’t win, you pay nothing.

What Should I Do After a Bicycle Accident?

Building a strong case after a bicycle accident injury begins with you. In the days and weeks following your accident, you should do the following:

  • Hire an Attorney – An experienced personal injury attorney can lead you through the process of seeking compensation, from filing the initial paperwork all the way to representing you in court if necessary. Hiring an attorney as early as possible can also help you avoid critical errors.
  • Gather Evidence – Strong cases require ample evidence. You can aid your attorney in building your case by taking photos and videos of the accident scene if you’re able; collecting personal information of involved parties and witnesses; documenting medical costs and other expenses; and keeping a pain journal that chronicles your daily post-accident struggles.
  • Be Careful When Speaking with Insurance – Insurance companies will attempt to minimize your payout by offering unfavorable settlements and trying to get you to make statements they can use against you to weaken your case. Never admit fault, avoid recorded statements, never accept a quick settlement, and always speak with your lawyer before speaking to the insurer.
  • Follow Medical Advice – While you may be highly motivated to hold the responsible party accountable for your injuries, it’s crucial to protect your physical and mental health as you seek compensation. Follow all advice from your doctor and therapist, and allow your lawyer to handle everything else.

What Compensation Can I Recover After a Bicycle Accident?

Bike accident victims may be entitled to compensation for the physical pain, emotional trauma, and financial losses their injuries have caused. Some of the most common forms of bicycle accident compensation include the following:

  • Medical Expenses – Medical costs following a bicycle accident can be extremely high. You may be entitled to compensation for any initial, ongoing, and future expenses related to your injury.
  • Lost Wages – If your injuries are keeping you out of work, you’re losing money every single day. Your bicycle accident claim may allow you to recover compensation for your lost hourly wages or salary, commissions and tips, missed raises or promotions, sick days and vacation time, and future lost wages.
  • Pain and Suffering – The pain and suffering caused by your bike accident injuries may be more challenging to quantify than the financial burdens, but they’re just as real. In fact, pain and suffering often comprises the most significant percentage of a personal injury settlement.
  • Emotional Distress – Bicycle accidents can be traumatic, and the injury fallout can weigh heavily on the victim’s mental health. Depression, anxiety, and PTSD symptoms are not uncommon after these accidents. You may be entitled to compensation for the emotional trauma caused by both the accident and your injuries.  
  • Property Damage – Good bicycles are not cheap, nor is the equipment that goes with them. If someone else’s negligence results in the destruction of your bike, bike equipment, or any other property, they may be liable to cover the cost of repair or replacement.

How Long Do I Have to File a Bicycle Accident Claim in California?

Filing promptly is crucial when seeking compensation for your injuries. Under California law, you must file a bicycle accident lawsuit within two years of the date of the accident. This window is critical for some bike accident victims who don’t realize they’ve been injured — or don’t understand the extent of their injuries — until well after the accident occurs.

However, you should never procrastinate when filing your claim. The further away you get from the incident, the harder it will be to reconstruct the accident, gather evidence, locate witnesses, and remember the chain of events. Reaching out to a San Mateo bicycle accident attorney and filing your claim as soon as possible is the best way to build the strongest case.

What Are the California Bicycle Laws?

One thing that makes bicycle accident claims unique is that bicyclists are governed by their own set of laws on top of regular traffic laws. These laws can play a significant role in your claim and are important to understand when seeking compensation. The following are some of the most important:

  • Equal Rights and Responsibilities – California Vehicle Code (CVC) § 21200 grants bicyclists the same rights as drivers when on the road and also gives them the same responsibilities. That means bicyclists must adhere to traffic signs, stoplights, and other rules of the road.
  • Bike Lanes – Bicyclists are generally required to use designated bike lanes whenever available. Exceptions include when overtaking another bicyclist or vehicle, preparing for a left turn, or avoiding hazards. When there is no bike lane, bicyclists must ride as far to the right as possible but may take the lane to avoid unsafe conditions. Riding on sidewalks is prohibited.
  • Helmet Law – Riders under the age of 18 are required to wear a helmet. While adults are not legally required to, failing to wear one can complicate matters when seeking compensation.
  • Three-Foot Rule – Motorists must leave at least three feet of space between their vehicle and a bicyclist when passing them. When three feet is impossible, the motorist must slow down and only pass when it’s safe.

What Are Common Causes of Bicycle Accidents?

Bicycle accidents can happen quickly and without warning, but their impacts can last forever. Some of the most common causes of these accidents include the following:

  • Distracted driving
  • Failure to yield when turning
  • Opening a vehicle door into a cyclist’s path
  • Speeding
  • Impaired driving
  • Unsafe merging
  • Hazardous road conditions

What Are Common Types of Injuries from Bicycle Accidents?

Bicyclists are incredibly vulnerable during an accident, which means injuries can often be severe. Some of the most common include the following:

  • Head and neck injuries
  • Facial injuries
  • Dental injuries
  • Internal injuries