Experienced San Diego Bicycle Accident Lawyer

Were You Seriously Injured in a Bike Accident in San Diego?

San Diego, California is an ideal location for bicycle enthusiasts. Cyclists can take scenic rides along the beaches complete with panoramic views and exceptional weather. San Diego is consistently ranked in the top 10 US cities for cycling.

This SoCal city has a huge variety of bike rental businesses, a thriving bike share program, and now the growing trend of dockless on-demand bike companies. Even with the safety measures put in place by the city, San Diego still sees many bicycle accidents each year.

If you were injured in a bicycle accident, due to another party’s negligent actions, it’s best to consult with an experienced personal injury lawyer. At The Law Offices of Daniel Kim, we are committed to helping injured victims recover fair compensation for their losses. We maintain a 99% success rate and have recovered over $250 million in settlements and verdicts for our clients.

No Win. No Fee. Guaranteed.

At The Law Offices of Daniel Kim, we operate on a contingency fee basis. Therefore, our clients don’t have to worry about paying any upfront legal fees for our services. If you or a family member was injured in a San Diego bicycle accident, contact an experienced San Diego personal injury lawyer for a free consultation.

Other Practice Areas We Specialize In

Why Hire Daniel Kim as Your San Diego Bike Accident Lawyer?

If you suffered serious injuries in a bicycle accident, it’s crucial to consult with an experienced personal injury attorney in San Diego to advocate for your rights. Our law firm has the knowledge and resources to take on any opponent, including large insurance companies.

At The Law Offices of Daniel Kim, we understand that lost wages, medical bills, and extended recovery time can all cause major interruptions and stress in your life. Hiring the right personal injury law firm to represent you can make all the difference when it comes to seeking financial compensation from a negligent party’s insurance company.

Our expert legal team is well-familiar with bike laws and knows exactly how to deal with insurance companies and their deceptive tactics. We will fight tirelessly to obtain justice and recover the maximum compensation available.

Do I Have a Case for My Bicycle Accident Injury?

In California, all motorists, bike riders, and pedestrians need to exercise reasonable care to avoid causing harm or injuring others. Therefore, a motorist owes a cyclist a “duty of care” to follow traffic laws, share the road, and operate their vehicle in a safe manner. A bicycle rider must also obey the law and try to avoid bike accidents.

To determine if you have a case, it’s important to prove negligence. In personal injury cases, the plaintiff must demonstrate the following to establish negligence:

1. The defendant owed the plaintiff a duty of care.
2. The defendant breached the duty of care.
3. The defendant’s negligent actions were a direct cause of the collision.
4. The plaintiff suffered damages caused by the accident.

An experienced personal injury lawyer will investigate your claim thoroughly, collect evidence to build a strong case and help you prove negligence.

What Damages Can I Recover in a Bicycle Accident Case?

In bicycle accident cases, injured cyclists can recover economic and non-economic damages. Economic damages are monetary losses that are generally easy to calculate, such as:

• Medical expenses
• Lost wages
• Physical therapy costs
• Medication
• Property damage

Non-economic damages are more subjective and difficult to prove without an experienced attorney. These kinds of damages can include:

• Mental distress
• Emotional trauma
• Disfigurement
• Loss of enjoyment of life
• Chronic pain

What Are the Most Common Causes of Bicycle Accidents?

Some common reasons for San Diego bike accidents include:

• Driver distraction – Illegally using a phone and texting, eating or drinking, checking GPS, and conversing with a passenger are all causes of inattentive driving crashes.
• Dooring – This is extremely dangerous and is more common in bicycle-rich cities such as San Diego. This happens when a driver or passenger in a car or motor vehicle opens their car door or leaves it open to oncoming traffic. Dooring is illegal in California, therefore the bicyclist would not be at fault for this kind of accident.
• Speeding – Speeding is a leading cause of all motor vehicle and traffic accidents across the US. Drivers that speed usually do not have enough time and distance to slow down or stop and this can cause fatal injuries.
• DUI – Drunk driving is a top cause of all auto accidents, killing 11,654 people across the US in 2020. A motorist driving under the influence of drugs or alcohol has significantly diminished cognition and reaction time. Therefore, they may not see a bicycle rider on the road, especially at night.
• Bad weather – High winds, rain, and fog can reduce visibility and traction on the roads. Many drivers are not experienced with driving during inclement weather and can find wet and slippery roads difficult to deal with. It’s crucial for motorists to reduce their speed and adjust their driving because the risk of an accident is higher.
• Side-swiping a bicyclist – Oftentimes a car or truck will not give a cyclist enough room when passing and can collide with them from the side. This is particularly prevalent when a motor vehicle merges from one lane to another or turns a corner.

Who Is Responsible For My Injuries in a Bicycle Accident?

Negligent parties can be held responsible for bicycle accidents. For example, a negligent motorist could drive too close to the bike lane and sideswipe a bike rider, causing a serious accident. In this case, the cyclist could file a claim with the driver’s insurer to pursue compensation.

California follows a pure comparative negligence system that allows a victim to pursue damages from multiple parties involved in an accident. Each party involved can be held responsible for a percentage of the damages. For example, if the damages total $100,000 and the defendant is found liable for 75% of the damages, they must pay out $75,000. If the defendant’s employer’s share of the fault is 25%, then the employer would be liable for the remaining $25,000.

What Should I Do If I’m Involved in a Bicycle Accident?

1. Call 911 and wait for the police to arrive at the scene. Ensure you get a police report as evidence for your claim.
2. It’s crucial to get medical treatment promptly after a bike crash. Even if you feel fine, an adrenaline rush may mask the pain of your injuries which can worsen without treatment.
3. Do not apologize. Apologizing is seen as an admission of guilt.
4. Do not negotiate with the motorist. You may not know the true extent of your injuries and damages. The driver may later deny the accident.
5. Take photos and videos of the property damage, broken glass, skid marks, and injuries sustained.
6. Get the driver’s information including their full name, address, phone number, license plate, driver’s license, and insurance policy number.
7. Obtain the contact information of witnesses and ask if they are willing to provide a statement.
8. Document your injuries throughout your recovery and collect all your accident-related bills and invoices.
9. Avoid talking with the driver’s insurer. Insurance adjusters will use your words against you and try to assign you a share of the blame.
10. Consult with an experienced bike crash attorney who will protect your rights and guide you throughout the entire claims process.

What Are the Most Common Bike Accident Injuries?

Due to a lack of protection, bicycle riders are at a much greater risk of sustaining serious bicycle accident injuries.

Injuries sustained in a San Diego bicycle accident can include:

• Head injuries – Brain bleeds, concussions, and traumatic brain injuries (TBI) are unfortunately common in bicycle accidents. Bicycling has the highest number of emergency department (ED) visits among other sports and recreation for traumatic brain injuries. Between 2009-2018, there were nearly 597,000 ED visits for bicycle-related TBIs.
• Broken bones and fractures – A Broken clavicle, ribs, wrists, and ankles are the most common breaks in a bike crash.
• Internal injuries – Organ damage and internal bleeding can occur do the force of impact in a crash. Internal bleeding can be caused by abdominal trauma such as a ruptured spleen.
• Cuts and bruises – Bike riders can experience road rash when they fall off their bikes and make contact with the rough roads. When dealing with road rash, bicycle accident victims can also face infection and long-term scarring.
• Neck and back injuries – Neck sprain, whiplash, bulging or herniated discs, and severe spinal cord injuries are commonly reported in bicycle accidents.
• Amputations – In a very serious accident, especially one that is caused by lacerations, amputation could be required. If you have a severe infection in your limb or your limb was crushed, amputation may be necessary.
• Wrongful death – the absolute worst-case scenario, and a wrongful death case could be filed. The percentage of preventable bicycle accident fatalities increased by 16% in 2020. There were 932 total bicyclists killed in motor vehicle crashes which accounted for 2% of all traffic accident fatalities.

San Diego Bicycle Accident Statistics

Whether you’re out for a scenic afternoon cruise or commuting to and from school or work, riding a bike in and around the City of San Diego is a breeze thanks to the thousands of miles of dedicated bike lanes, paths, and trails put in place to keep bike riders safe.

In fact, there are approximately 1,808 cycle routes in San Diego. Some of the most popular San Diego bike rides include the Carlsbad Coastal Rail Trail, the Solana Beach Coastal Trail, the Mission Bay Bike Path, and the Bayshore Bikeway on Coronado.

San Diego is a tourist destination that sees over 35 million visitors a year. It’s little to no surprise that there are many San Diego bicycle accidents each year. There were 4,094 injuries and fatalities in San Diego traffic accidents in 2020. Three hundred and thirty-four cyclists accounted for this number. Notably, there were 1,326 DUI arrests that year.

Dangerous Roads and Intersections

Some of the most dangerous intersections in San Diego include:

• University Ave. & 1st Ave.
• Federal Blvd. & Euclid Ave.
• El Cajon Blvd. & Altadena Ave.
• Camino Del Rio & Sports Arena Blvd.
• University Ave. & Fairmount Ave.
• Garnet Ave. & Mission Blvd.
• El Cajon Blvd. & Boulevard Pl.
• Rosecrans St. & Midway Dr.
• North Harbor Dr. & Rosecrans St.

Frequently Asked Questions

• Do I need to contact my insurance company after a bicycle accident?

If you sustained severe injuries in a bike accident, you may need to file a claim against the driver’s insurance company. If the other party’s negligent actions caused the bicycle crash, it’s best to reach out to an experienced bicycle accident attorney who will protect your rights and hold the negligent driver accountable for your losses. If the driver’s insurer reaches out to you, do not give them details about the accident or your injuries. Contact a personal injury lawyer who will facilitate all communication with the insurance company on your behalf.

• How long do I have to file a claim after a bicycle accident?

In California, the statute of limitations is the allotted timeframe victims have to file an insurance claim. The statute of limitations is typically 2 years from the date of the bicycle accident. However, there are factors that may extend or shorten the period you have to file a personal injury claim.

For example, traffic accidents that involve a government agency must be filed within 6 months. It’s best to consult with a San Diego bicycle accident lawyer who can help you determine the statute of limitations for your case.

• What if the driver who hit me doesn’t have insurance?

If the driver who hit you is uninsured or underinsured, you may be able to file a claim with your own insurance company if you have the right coverage. If your auto insurance policy has uninsured and underinsured motorist coverage, you will likely have coverage protecting you in the event of a cycling accident. If you get pushback from your insurer, it’s important to refer to your policy and contact a San Diego bicycle accident attorney.

• What if the driver’s insurance company denies my claim?

When filing a bicycle accident claim it’s crucial to ensure all the information you provide is accurate and complete. A bicycle accident lawyer can help you file your claim and ensure it is error-free and submitted within the allotted time. If the driver’s insurer denies your bicycle accident claim, you may be able to submit an appeal or file a personal injury lawsuit.

It’s also vital to ensure that you see a medical professional immediately after the cycling accident and record your injuries throughout your recovery. Follow your prescribed treatment plan, collect your medical bills, and contact an attorney.

A San Diego bike accident lawyer can help you conduct a thorough investigation and collect compelling evidence including police reports, witness statements, and CCTV footage. Bicycle accident lawyers will negotiate with the insurer on your behalf and will go to court, if necessary, to get you the compensation you deserve.

Contact The Law Offices of Daniel Kim Today

If you sustained catastrophic injuries in a San Diego bike crash, don’t hesitate to reach out. The Law Offices of Daniel Kim are dedicated to protecting the rights of bicycle accident victims and have a proven track record.

Our award-winning personal injury lawyer has recovered millions in settlements and verdicts for our clients. The Law Offices of Daniel Kim operate on a No Win/No Fee policy, meaning that there are no upfront fees until we win your case. Call us today to schedule a free consultation.

Directions to Our Office in San Diego

Car Accident Lawyer Daniel Kim – San Diego, CA
Address: 1111 Sixth Avenue, Suite 231 San Diego, CA 92101
Phone: (619) 639-9063

Located in Downtown San Diego, our personal injury law firm can be found at the intersection of Sixth Avenue and C Street.