In our experience, a cyclist will almost always come out ahead financially by hiring an attorney — even after paying the bicycle attorney the attorney’s contingency fee. This is due to many factors, but here are some examples. First, even where the police report squarely puts the fault on the driver, the police report is not binding on the insurance company. This means that the insurance company can still claim, at any point during negotiations, that the cyclist was partially or totally at fault, and thus not entitled to compensation or entitled to less compensation.However, if the cyclist is represented by a lawyer, the insurance company will have a strong disincentive to try this, because the insurance company will have to hire its own lawyer (typically at between $200-$350 per hour) to counter the cyclist’s lawyer’s arguments. Second, the insurance company may also challenge an injured cyclist’s damages, claiming that some or all of their damages/injuries pre-existed the accident, were partially caused by something unrelated to the accident, or are not as serious as the cyclist is claiming. Third, a qualified bicycle-accident attorney can negotiate down the cyclist’s medical and/or health-insurance liens. In a typical case, the medical providers or the cyclist’s own health insurance company have a lien on any settlement obtained by the cyclist. It understandably almost always comes as a surprise to our clients that they will need to pay their health insurance back out of any settlement. When a cyclist is represented by an attorney, a health insurance company is much more likely to take the negotiation seriously and give much bigger reductions on their lien.

Your best bet is to give us a call to discuss the specifics of your case. Typically, during the first five to ten minutes of discussing your case it will be clear whether your bicycle accident case requires the services of an attorney, and we will give you our honest assessment. Consultations are always free. Our job as lawyers is to protect your rights and ensure that you are treated fairly in all aspects of your bicycle accident case. Oftentimes, the insurance company will tell you that you don’t need a lawyer, and that they will compensate you for all your medical bills and property damage. But the insurance company always has its own financial interests in mind first and foremost. Time and time again, bicycle accident victims who end up representing themselves obtain much, much less in ultimate settlement than cyclists who had an attorney advocating on their side.

In almost all bicycle crash cases, like in other types of personal injury cases, your attorney will be paid by keeping a percentage of the final settlement or court award resulting from your injury. The specific percentage is negotiable, and will be discussed with you at the beginning of your case. While rates are not set by law, it is very common for lawyers to charge a contingency fee of one-third of the total settlement if a settlement is reached before a lawsuit is filed, and forty percent of the settlement or court award if it is reached after a lawsuit is filed. Under California law, a contingency fee agreement must be in writing. This agreement will provide that your lawyer will work diligently on your case in exchange for the percentage of the settlement outlined in the agreement, as well as setting forth other terms such as how case costs will be handled. Since payment is out of the eventual settlement or judgment and no payment is required to the attorney during the course of the case, contingency fee agreements allow people who would otherwise not be able to afford an attorney to bring their case. Contingency fee agreements also align the attorney’s and client’s interests, since the attorney will not get paid unless and until they win the case, and the more settlement money they secure for the client, the more they will get paid.

First of all, get any medical treatment you might need, keeping in mind that the shock from a crash can sometimes make it difficult to know if you’re injured, or how bad your injuries are. When in doubt, seek medical treatment. Second, make sure to tell your side of the story to the police. If no one else has called the police, and the crash involved any injuries or property damage, you should call the police. Do not, however, speak to the other party involved in the collision, except to share your ID, insurance, and contact information (which you are required to do). It may feel natural to apologize – or you may be angry and want to yell at the driver– but both of these actions could harm your case. Make sure you get the other party’s contact information, including any insurance information you can get and their license plate number. If there were any witnesses to the collision, get their contact information as well. Take notes and photos of any evidence that might be helpful including road conditions, property damage, and injuries. Finally, and very importantly, do not speak to any insurance company representative until after speaking to an attorney. Remember, an insurance adjuster’s job is to save their company money by paying out as little on your claim as possible – not to help you out, or even to treat you fairly. Speaking to an attorney, even if you don’t end up hiring one, can help you to avoid pitfalls.

Most personal injury law firms, including Bay Area Bicycle Law, routinely advance the costs of a lawsuit, and get reimbursed for those costs at the end of the case. While each case is different, in the pre-litigation stage, these costs are usually fairly minimal and rarely exceed a few hundred dollars. These costs can include: medical record fees; printing and copying charges; traffic collision report charges; 911 recording charges; travel expenses associated with visiting the accident scene; investigator fees. If a lawsuit is filed, the costs associated with your case will increase substantially, and may include, among other expenses: court filing fees, deposition costs expert witness fees mediation fees, jury fees While lawyers are permitted to advance these case costs, the rules of professional responsibility prohibit them from paying the costs outright.

Your attorney’s job is to make the entire process easier for you, while working toward securing the best settlement possible given the circumstances. Your attorney will take over the vast majority of tasks related to your claim, including: all communication with insurance companies; interviewing witnesses; obtaining a copy of the traffic collision report; reviewing applicable law; ordering, reviewing, and summarizing medical records; ordering and calculating medical bills and liens; hiring an investigator to find the driver’s insurance policy limits or other information relevant to your particular case; writing a settlement demand; conducting settlement negotiations; reviewing and, if necessary, negotiating any settlement release you may be required to sign; filing a lawsuit with the court, if necessary; conducting the discovery process, including through written and in-person (or over Zoom) questioning of the driver and witnesses, if a lawsuit is filed; negotiating lien reductions with your health insurance or medical providers in order to guarantee that you keep as much of your settlement as possible, and; keeping you apprised of any significant updates in your case.

Economic damages are easy to calculate: the amount of money that you spent or missed out on making as a result of the crash is the total of your economic damages. For medical expenses, you are only entitled to compensation for the paid amount, as opposed to the billed amount in California. The paid amount includes payments by your health insurance provider. For your property damage, you are entitled to either the costs of repairing your property, or the fair market value of your property at the time of the accident — whichever is less. Non-economic damages are much more complicated to calculate and include both (1) your pain and suffering and (2) loss of enjoyment of life. Examples of pain and suffering would include the initial pain of the accident, ongoing pain as a result of your injuries, and mental pain due to increased anxiety related to your accident. Examples of loss of enjoyment of life include your inability to ride your bike, inability to keep up with household chores, having to cancel a vacation due to your injuries, etc. For most people, the pain associated with their accident is far more devastating than any financial loss. However, pain and suffering can be incredibly difficult to quantify. Most people have no idea what their pain and suffering is worth, which is why it is recommended to retain counsel if you have suffered serious injuries as a result of your accident.

It is very important to keep track of all expenses related to your bicycle crash as they incur. One suggestion is to get a folder and keep all receipts, medical records, bills, EOB statements, reports, and letters received related to your claim in that folder. Alternatively, scan these documents and upload them into a folder on your computer. If you have retained an attorney, forward documentation onto your lawyer as soon as you receive it so they can keep proper documentation as well.

There are numerous ways that individuals pay for their medical care after a bicycle collision, including: private health insurance; medical payments insurance through an auto insurance policy; workers compensation insurance, if the injury occurred while working and as a result of working; personal funds if uninsured; the driver’s insurance (although this would be distributed at the time of settlement and not as the bills are incurred); or government health coverage, such as Medicare, Medicaid, and Medi-Cal. We frequently represent clients who are uninsured or underinsured. For those individuals with medical bills that they cannot afford to pay out-of-pocket, we make every attempt to contact the entity and have them generate a medical lien. With a lien agreement, a medical provider agrees that they will not seek payment immediately, but will wait to be paid out of a settlement. Then, we can pay the lien with the settlement funds after the case resolves.

You are entitled to the entire value of your paid and/or outstanding medical expenses – whether these amounts are paid by you out-of-pocket, or by your insurance company. However, your health insurance contract likely contains a “subrogation agreement” or “right to reimbursement clause” which does affect your ultimate take-home settlement. The right to reimbursement clause entitles your health insurance to reimbursement of all amounts expended on treatment related to your accident. This reimbursement is only taken from a settlement or verdict (i.e. you are not personally responsible for reimbursing your health insurance out-of-pocket) and only to the extent that a third party was responsible for your injuries. For example, if you were 50% at fault for your injuries, your health insurance is only entitled to 50% reimbursement.

There are two types of damages in each personal injury case: economic damages and non-economic damages. Economic damages are the reasonable costs incurred as a result of the subject accident. This includes items such as medical costs, lost wages, property damage, and travel expenses related to the accident. Non-economic damages include pain and suffering and loss of enjoyment of life. These two categories encompass the pain, anxiety, embarrassment, and stress associated with the accident and injuries, as well as the activities you are no longer able to do and enjoy as a consequence of your injuries – either short term, or permanently. In rare instances where the defendant acted with intentional malice, you may be entitled to punitive damages. Punitive damages are intended to punish the defendant for their conduct. However, punitive damages carry a higher burden of proof than normal damages and can be incredibly difficult to predict as they are allocated on a discretionary basis.

This is a complicated question because each accident is unique. Even the same type of injury could have significantly different value in two different people, if there were differences in the severity of the injury, the amount of treatment, the paid medical expenses, the impact on the person’s daily routine, or other factors. That is why we cannot predict the value of a case based only on the injury. That having been said, here are some of the most important factors that affect the value of a bicycle injury claim: the medical diagnosis (including in particular what the doctor(s) wrote in medical records); paid medical expenses; amount of treatment received; if surgery was required; the amount of lost wages; the length of recovery time; the permanence of injuries; whether there is permanent scarring (also impacted by the location and prominence of the scar); perceived sympathy as a Plaintiff. There are also facts that raise “red flags” to insurance companies, potentially decreasing the value of a claim. These facts can include the perception by the insurance company that any of the following occurred: delays in medical treatment; under-treatment of injuries; failure to follow physician recommendations; and receiving an exorbitant amount of treatment relative to your injuries.

If the accident occurred within the last couple days, you should contact the relevant police department and request to file a collision report as soon as possible. A collision report filed after-the-fact is less persuasive because the officer oftentimes will perform only the most rudimentary of investigations. However, it is better than nothing.

Contact the reporting officer and voice your disagreement. The most effective method is to write a letter (instead of calling) so that you have a written record. Identify the portions of the traffic collision report that you disagree with or that contain inaccurate information. Provide the officer with the correct information or voice your disagreement in a non-confrontational way. If you think that the driver violated the California Vehicle Code, cite the provisions and explain how the driver’s actions constituted a violation. If the officer changes their mind based on your arguments, they can supplement the report with the changed findings. However, as you may know from personal experience, it can be difficult to change someone’s mind once they’ve made a decision. Even if the officer continues to disagree with you, request that they create a supplementary report with your objections. That way there is a clean record of the fact that you challenged the traffic collision report from the beginning. Mistakes in traffic collision reports are exceptionally common. Even if your report is riddled with mistakes, shoddy investigative work, and irrational legal conclusions, police officers don’t like feeling attacked. Please make any interaction with the office as polite and respectful as possible. If you eventually file a lawsuit related to the subject accident, that officer could be called to testify. You want him or her on your side!

Unfortunately, even with a favorable traffic collision report, liability can be disputed. There is considerable prejudice against cyclists and many non-bike riding individuals view bicycles as a nuisance and feel that cyclists should not be permitted to ride on the roads. This bias is pervasive and many insurance adjusters share these sentiments. Beyond this inherent bias, insurance companies always look for any evidence of fault on the other party. For example, if the insured (the driver) insists that the cyclist was responsible for the accident, the insurance company may use that evidence alone to conclude that the cyclist was at fault. Likewise, if the report includes facts that could be used against the bicyclist, the insurance company will interpret them in the most negative light possible and may find the bicyclist entirely or partially at fault. These negative facts include: failure to wear a helmet, riding at night without a bike light, passing the car in a manner that the adjuster feels was unsafe, etc.

The traffic collision report is not admissible as evidence at trial. However, the report is very persuasive during the claims process and early on in the litigation process because insurance companies give great deference to the report, despite the fact that the officer most likely did not observe the accident firsthand. Furthermore, if the officer who wrote the traffic collision report is called to testify at trial, he or she will most likely review the report in order to refresh their memory, so the content of the report can influence how they eventually testify.

If you are entirely at fault for your injuries, you will not receive any compensation. If you are partially at fault, you are entitled to compensation to the extent that the other party is responsible for your injuries. A settlement of verdict number is therefore reached by calculating the total damages and then reducing those damages by the percentage of fault attributed to you. For example, let’s assume liability is 50/50 between you and the driver, and you have damages totaling $10,000.00. You are entitled to compensation of $5,000.00 from the driver.

Yes, this presumption is called negligence per se. Negligence per se requires that the driver violated a statute, that you suffered an injury, and that the statute the driver violated was intended to prevent such injuries. Here is an example of negligence per se: You are riding through an intersection legally on a green light when a negligent driver strikes you running a red light, in violation of California Vehicle Code section 21453(a). Red light laws exist to control traffic so as to prevent vehicles from colliding into one another at intersections. Because the driver caused such a collision as a result of violating the red light law, they are presumptively negligent by law.

To be at fault for an accident means that your negligence contributed to the accident — i.e., your negligence was a factual cause of the accident. It is perfectly possible to violate the vehicle code without being at fault for an accident. However, if you violate a law or vehicle code provision where that violation caused or contributed to your accident, and that statute was intended to prevent such types of accidents, then there is a presumption of fault. Frequently, there are multiple causes of an accident. It is very possible for both you and the driver to be at fault.

Negligence is the failure to use reasonable care.

Yes, there are many costs associated with filing a lawsuit. First, the filing and jury fees themselves are approximately $600. Second, there are costs associated with the discovery process that include subpoenaing records, depositions, investigation costs, and possible mediation costs — all before even getting to trial. Only 2%-3% of lawsuits actually go to trial and reach a verdict. However, when a case does go before a jury, numerous other costs will accrue, including preparing exhibits and expert fees. Despite the additional costs associated with lawsuits, in our experience, injured cyclists almost always walk away with more money after filing a lawsuit than they would have without filing a lawsuit. This is because insurance companies will often not make their top offer until after a lawsuit is filed.

While contingency fee agreements are negotiable and not set by law, many contingency fee arrangements will increase the lawyer’s legal fee if a lawsuit is filed. This is because the amount of work and attention devoted to your case will increase dramatically after a lawsuit has been filed. Litigation is a complicated and time-consuming process, and because defense attorneys are paid by the hour, they have little incentive to settle early or work efficiently–thus also increasing the work for your plaintiff’s attorney.

You generally have two years after the date of your accident to file a negligence claim for your personal injuries. You have three years after the date of your accident to file a claim for property damages sustained. If your case involves a government entity, the statute of limitations will be six months or less.

The burden of proof for a negligence claim is “beyond a preponderance of the evidence”. A preponderance of the evidence is the lowest burden of proof. This means that the Plaintiff must show that it is more likely than not that the defendant was legally responsible for the subject accident and that their damages were more likely than not reasonable and related to the subject accident. More likely than not is 50.01% — you would get an F in school, but conceivably still win at trial. However, success at trial is not as easy as it seems. The Plaintiff still carries the burden of proof and must present evidence supporting all their claims at trial. This is not an easy task. Furthermore, due to tort reform legislation and insurance lobbying, there is a strong juror prejudice against Plaintiffs. These are obstacles we work diligently to overcome.

If a lawsuit is filed, your deposition will likely be taken. This involves appearing over zoom (or occasionally at a law office or court reporters office) to give testimony under oath. Most depositions last a few hours. You cannot be deposed for longer than 7 hours without the court granting an extension. The defense is also entitled to have you examined once by a doctor of their choosing. Otherwise, the pre-litigation stages are not particularly time-intensive. You will need to be in contact with your lawyer periodically to provide responses to discovery. Also, you will need to be present at any scheduled mediation. As trial approaches, you will need to become much more involved. You will meet with your attorney regularly to review case strategy. There will be a mandatory settlement conference requiring your presence. Finally, you will need to be present for jury selection and the entire trial.

Not necessarily – most claims settle without filing a lawsuit. However, there are numerous factors affecting whether your case will be settled at the insurance claim stage. Some factors that may increase the likelihood of litigation include: disputed liability high damages treatment red flags (gaps in treatment, mis-diagnosed injuries, pre-existing conditions, etc.) the cooperativeness of the defendant driver (or their insurance provider) if you have made a statement that can be interpreted against you Otherwise, whether your case settles at the insurance settlement stage or at the litigation stage is entirely up to you. You ultimately decide whether the pre-litigation insurance settlement offer is acceptable, or whether you want to file a lawsuit. And of course, your attorney will provide their expert advice on what option is most advantageous under the circumstances.

It is impossible to predict with any accuracy how long it will take for your claim to settle, as many variables outside our control affect the resolution of your claim. Normally, we recommend waiting until you have completely recovered before negotiating a settlement. After you have completed treatment, we order all your medical records, medical billing documents, and any other necessary reports in order to guarantee that we have the proper documentation to substantiate your claim. Claims are usually held up by non-responsive entities–be it hospitals, clinics, auto insurance companies, health insurance providers, or the clients themselves. We strongly recommend waiting to make a demand until we’ve gathered all proper documentation. Most delays occur because we do not want to prematurely make a demand to our client’s detriment. After a demand has been made, settlement time varies on the responsiveness and cooperativeness of the insurance company. Sometimes dragging out negotiations can motivate the insurance adjuster to make a more fair settlement offer. Other times, the adjuster will come back immediately with the policy limits. Ultimately, it is the client’s decision whether they want to settle or push for more compensation. After a settlement is reached, the client must sign a release waiving all legal recourse against the insured in exchange for the settlement funds. After the insurance company receives the release, they will mail the law firm the settlement funds. The law firm must then calculate expenses, the legal fee, and negotiate lien reductions with the client’s health insurance. Once these issues have all been ironed out and the client has granted permission to distribute the funds, the settlement gets distributed.

Absolutely not! If you contact the driver’s insurance company, for any reason, you could ruin your entire case with one question or one statement. If you have already retained an attorney in your case, it is entirely unnecessary for you to contact or speak with the insurance company; your attorney should be handling that for you. Furthermore, once you have retained an attorney, the insurance company is prohibited from having any personal contact with you for any reason.

It is usually a bad idea to try to settle your own claim and only retain an attorney if it cannot be resolved, because you can unintentionally harm your own case. Dealing with insurance companies can be complicated and difficult. Insurance companies are for-profit and do not make money from paying out claims. Most individuals filing an insurance claim have never been in an accident before. They do not understand the process, what information the insurance company needs, and what compensation they are entitled to. The insurance company will use multiple tactics that appear innocent but are intended to reduce your settlement. For example, insurance companies may ask you for repeated statements regarding what occurred in your accident. Of course, they need to understand what happened — but they are also looking for inconsistencies. They can use any inconsistencies or conflicts from statements given to accuse you of lying. Likewise, seemingly innocent statements (such as, “I feel fine today”) will be interpreted as an admission that your injuries were not serious. Once the insurance company has determined that you are not a trustworthy witness or that your injuries were not serious, they become very difficult to negotiate with and will make very stingy settlement offers. Even if you retain an attorney after-the-fact, prior statements can dramatically increase the likelihood that a lawsuit must be filed in order to receive fair compensation.

While there are many factors that go into whether a cyclist receives a fair settlement, there are a few things nearly everyone can do after a crash to increase the likelihood of a fair settlement. For instance, it is important to carefully document your injuries, and get any medical treatment that you need. Take pictures if you have visible injuries. See a doctor if you have ongoing pain. Make sure to mention all your symptoms when you are visiting a doctor so they can make note of it in their records. Save receipts for any expenses you incur related to your accident. Avoid giving information to the insurance company to the greatest extent possible. Think of information like ammunition — you don’t want to give them the very weapon they will use against you! The most important thing is to be honest. Getting caught providing inconsistent testimony or lying is the worst thing that can happen for your claim. You lose credibility as a witness and the insurance company will assume that you are trying to defraud them. If your case proceeds to trial, your inconsistent testimony and/or lies will be used to tarnish your credibility. Telling the truth is the easiest step you can take in getting a fair resolution to your claim.

The insurance company needs to understand how the accident occurred, what your injuries are, how those injuries affected you, and who you are as a person. The insurance company will not take anything you say at face value. They are looking for objective evidence of your injuries. This means documentation from third parties. If you have an injury, but there is no medical record substantiating that injury, to the insurance company, it is as if you were never hurt. If you have pain, but there is no indication of ongoing pain from your medical records, to the insurance company, that means your injury wasn’t that serious. This is a cold and calculated system, but the insurance company will handle any claims you make with suspicion from day one because they view you as an interested and opportunistic actor. The insurance company is also looking at you as a potential witness. Your age, marital status, job, etc. can actually affect the value of your claim due to societal prejudices. The insurance company wants to know if a jury will like and believe you — and if not, they will offer you a lower settlement. This concept is offensive and, ultimately, this outlook harms disadvantaged individuals by unjustly undercompensating them for their injuries.