Chula Vista Bicycle Accident Attorneys
Representing Victims of Bicycle Accidents Throughout San Diego County
Bicycle accidents do not happen with great regularity, but they do happen. Generally, these accidents result in more severe injuries than motor vehicle accidents because the person is less protected on a bicycle. They have no metal surrounding them or seat belts or airbags as you have in a car.
The Sexton Law Firm can help any injury accident victim, including bicycle accident victims. Unfortunately, of the bicycle accident cases we take, the vast majority tend to be children. We help their families get through it and ensure they get to the right doctors. We try to backtrack and get documentation about the accident. If we need to get experts to prove causation and fault, we get them.
What are the Most Common Causes of Bicycle Accidents?
The most common reason for bicycle accidents is visibility factors. Many bicycle accidents occur at night or in very low lighting conditions. Sometimes, the bicyclist is not wearing any reflective clothing or has no reflectors or lights on the bike. Other causes of bicycle accidents include inattentiveness or weather conditions.
People who ride bicycles are held to the same standards as vehicle drivers. Sometimes, we see bicycle accidents occur where the bicyclist is on the wrong side of the road. That is a contributory fault. If the bicyclist obeys all traffic rules and goes with traffic, it will be the motorist’s fault for striking the bicyclist. Other contributory fault factors against the bicyclist could be a lack of reflectors on their bike. The majority of fault would rest with the motorist. Still, there would be some comparative or contributory fault with the bicyclist for not wearing reflective gear, reflectors, or lighting on the bike.
How Do You Help Prove Fault in a Bicycle Accident?
Try to get photographs at the scene and find witnesses to prove fault. However, this is likely the last thing you are thinking about if you have been injured in a bicycle accident. Most of the time, there are more severe injuries in bicycle accidents. The police are often called to the scene and can document evidence for you. They are generally good about trying to contact witnesses as well.
Sometimes, bicycle accident victims need an accident reconstructionist to help with their case. Sometimes, plaintiffs need biomechanical experts. Experts are mainly required in cases of lack of vision or when we are talking about comparative fault.
Bus Accidents FAQ
Accidents involving city or commercial buses can inflict substantial damage. If you have been in such an accident, it is important to talk to a lawyer as soon as possible. Call The Sexton Law Firm in Chula Vista at (619) 202-8976 for a free consultation or send us a message to schedule an appointment.
Here are our answers to some frequently asked questions about bus accidents in California.
What is the first step after a bus accident?
Normally, a supervisor comes to the scene after a bus accident. The first thing you should do is always ensure that you are in contact with that supervisor, even if you do not feel injured at that time. Many of the injuries manifest themselves hours later or even days later. So, you want to ensure that, when the supervisor for the bus company comes to the scene, your name is on the list of people on the bus. That is very important.
If you are feeling symptoms or injuries, get checked out. If you wait too long, the insurance or bus company will use that against you. It is always good to get a medical checkup after any accident. It documents that you were in an accident.
How do injuries happen in a bus accident?
The bus can be hit by another vehicle, and you can be a passenger on the bus and sustain injuries while on the bus. A bus is very heavy, so there normally has to be a heavier vehicle to make any significant impact on a heavy bus that would cause someone inside the bus to be injured.
Many passengers in buses are standing. Even with a smaller impact, the people inside feel that impact and can lose their balance. Passengers might not fall out of their seats, but people standing up can fly forward and strike other parts of their body, for example, their head on the handrails or other parts of the body on seats, or they can fall back on the floor.
Usually, because the bus is so heavy, it has a lot of momentum. If the bus driver brakes suddenly after an impact, that can also cause the people inside to become dislodged, move all about, and sometimes strike body parts on handrails, seats, and other passengers inside the bus.
The second type of bus accident we see is when the bus driver has some fault. They may travel too fast, turn a corner, step on their brakes too fast, or hit a bump on the road.
Unlike motor vehicles, buses generally do not have any seat belts or restraints inside. All sorts of injuries can occur in bus accidents.
What type of compensation is there for a bus accident?
Compensation for a bus accident is the same type of compensation as any other vehicular accident. You are entitled to be paid for your reasonable medical bills. You cannot see a doctor five times a day, but you are entitled to reasonable medical expenses and bills. You are entitled to compensation for wage loss and pain and suffering. Sometimes, you can be entitled to compensation for losing specific jobs. If you are a construction worker working on a project you cannot complete due to your injuries, you may be entitled to compensation for your losses.
Does an accident involving a municipal bus have any effect on the situation?
If it is a city or municipality transit bus, a 6-month statute of limitations exists to file a claim. Otherwise, it is the same procedure. You claim the company. Some of these companies are self-insured and have adjusting companies that work the claims for them, called third-party administrators. Others have internal risk management departments for their company. Others are insured by insurance companies and have claims adjusters.
Either way, it works the same. A claim is made, and they review all of the documentation, the medical bills, the chart notes, the documents, wage-loss information, and pain and suffering.
Many people think the adjuster will not pay for these things, but they will if the damages are documented. That is how our law firm can help. The adjusters are not averse to paying money; they need a reason to do it.
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