Have you recently suffered catastrophic injuries after being hit by a car while on your bike? If so, you may be wondering how you can take action against those responsible for causing your injuries. The claims process can be overwhelming while you are recuperating.
Make sure you have a powerful legal advocate fighting for your rights to maximum compensation. Connect with an experienced Burbank bicycle accident lawyer and personal injury attorney at Simmrin Law Group to schedule a free consultation and learn more about how much you could be awarded, how the bicycle accident claims process works, and what your next steps should be.
Recoverable Damages in Burbank Bicycle Accident Claims
After suffering severe injuries in a bicycle accident, you may be anxious to hold the liable party accountable for their negligence. This way, you do not get stuck covering the costs associated with your catastrophic injuries. Fortunately, by filing a claim with the insurance company and bringing your bicycle accident case to trial, you have an opportunity to recoup your damages in full.
To ensure we are seeking maximum compensation for your damages, your attorney may categorize your losses as economic or non-economic. Economic damages describe every financial loss, while non-economic damages account for the emotional and psychological impact of not only your bicycle accident injuries but the accident itself.
Examples of economic damages could include:
- Lost wages
- Prescription medications
- Co-pays
- Ongoing mental health counseling or physical therapy
- surgical intervention
- Out-of-pocket healthcare costs
- The cost of your future medical care
- Your inability to continue earning a living while you recuperate or in the future
- Your loss of employee benefits, including health insurance coverage or contributions to your 401(k)
- The cost of replacing or repairing your bicycle
Non-Economic Damages
Examples of non-economic damages could include:
- Psychological and emotional distress
- Reduced quality of life
- Loss of an intimate relationship with your spouse
- Loss of a parental relationship, including protection, advice, and support
- Disfiguring injuries
- Permanent disability
- Skin scarring
- Physical chronic pain
- Emotional suffering and distress
- Inconvenience
- Damage to your reputation
- Fear, anticipation, shock, and apprehension
There is also a possibility punitive damages could be awarded in your case. However, punitive damages are not awarded often. In fact, they are generally only awarded under California Civil Code Section 3294 if your bicycle accident attorney in Burbank, CA can show the defendant’s conduct is grossly negligent, reprehensible, egregious, or intentional.
How the Bicycle Accident Claims Process Works in Burbank
Understanding how the bicycle accident claims process works can help you feel more confident as you decide whether you should move forward with your bicycle accident case. You should remember that every person’s case is different, but the claims process generally unfolds in similar ways. With that in mind, here is a basic idea of what you can expect from the Burbank bicycle accident claims process:
You Hire a Bicycle Accident Lawyer in Burbank, CA
Start off by hiring a Burbank bicycle accident attorney to advocate for your rights. This is critical, as you may not have the time, energy, or resources to pursue your case, particularly while you are healing from your injuries. Your personal injury lawyer will then handle the legal details of your case so you can start to rebuild your life now.
We Investigate the Cause of the Bike Wreck
Next, your bicycle accident lawyer will open up an investigation into how the accident occurred. It is critical that we uncover the identities of those that contributed to your injuries so they can be compelled to repay you for your losses in full. Many bicycle accidents are caused by negligent drivers who are not paying attention to the right of way or other motorists sharing the roads. Some of the top causes of bicycle and car accidents in Burbank include:
- Drunk or drugged driving
- Failure to stop
- Failure to yield to the right of way
- Failure to use a turn signal
- Making unlawful terms
- Driving aggressively
- Distracted driving
- Driving while fatigued
- Other traffic violations
In these cases, negligent drivers may be held accountable for the injuries they cause.
Dangerous Conditions
If your bicycle accident was caused by dangerous road conditions or malfunctioning bike or vehicle parts, you might instead have a claim against one or more of the following parties:
- The city of Downey
- The California Department of Transportation (Caltrans)
- Bike parts designers, distributors, suppliers, retailers, and manufacturers
- Safety inspectors
- Maintenance technicians
- Executives
- Other third-parties
We Gather Compelling Supporting Evidence
Throughout the course of our investigation, we will be responsible for gathering valuable evidence to prove the defendant’s liability and negligence. Some of the most important types of evidence we will use to support your case include:
- The chemical blood alcohol test results of the driver that hit you
- Police reports
- Crash data
- Traffic cam footage
- Copies of the defendant’s cell phone records
- Reports compiled by accident reconstructionists
- Witness statements
- CCTV or dashcam footage of the accident
- Copies of your medical records
- Auto part or bike recall information
- Copies of your personal journal entries
We File Insurance Claims and Negotiate
In most types of bicycle accident cases, the liable party will have insurance coverage. For example, if your bicycle accident was caused by malfunctioning bike parts, the manufacturer would likely have general liability insurance coverage in place. Alternatively, if your bike accident was caused by a distracted driver, the driver should have auto insurance coverage as required under California Department of Motor Vehicles auto insurance laws.
Unfortunately, insurance settlements are not always enough to cover the victim’s damages in full. For this reason, it may be necessary and appropriate to move forward with a personal injury lawsuit as well. This way, you can maximize your financial compensation and ensure the at-fault party is held accountable to the fullest extent of the law.
Get Help from a Bicycle Accident Attorney in Burbank, CA Today
Bicycle accidents can have a substantial impact on your life for years to come. There is no reason you should be forced to absorb the impact of another party’s negligence. Take steps to bring them to justice and access the compensation and benefits you are entitled to.
Reach out to an experienced Burbank bicycle accident lawyer at Simmrin Law Group. Our team offers 100% free consultations to bicycle accident victims across Burbank and surrounding cities. Claim yours when you fill out our quick contact form or call our office today.