Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.
Bicycles are an excellent way to get around town and conserve energy while getting some exercise. Unfortunately, bike accidents have increased in recent years. According to a study conducted by the California Governor’s Highway Safety Administration, bicyclists are more likely to be injured or killed in our state than in any other area of the country. As you well know, Orange County is infamous for its congested roadways, car accidents, and creating dangerous scenarios for bikers.
If you or a loved one have been injured while riding a bike, you should speak with an Orange County personal injury attorney at our law firm today.
Call us today at (714) 783-2205 to schedule a free consultation to review your case and legal options. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
For more than three decades, DiMarco | Araujo | Montevideo has been providing legal assistance to residents across Southern California. With a team comprised of ten seasoned trial attorneys and 35 bilingual support staff, our clients benefit from a secure and comprehensive representation in their bicycle accident cases.
We pride ourselves on being available 24 hours a day and providing free consultations. We also guarantee that you will meet and speak with an Orange County bicycle accident attorney. You will not incur any legal fees unless we do our job and maximize your trial verdict or settlement.
“Amazing from start to finish. Always in contact with us, checking in with us, and making sure things were on track. Very straight forward with how things worked, no hidden surprises. Really glad we found them – now we can close that stressful chapter of our lives!” -L.P.
Injuries sustained in a bike accident can be catastrophic. Broken limbs, injured muscles, spinal cord damage, and brain injuries are all possible outcomes when a motorist collides with a bicycle. The injuries you incur from a bike accident can result in weeks or months of recovery. As a result, investigating bike accidents can be complicated. The very first thing you should do following a serious injury is seek medical treatment. After being admitted for treatment, call your local law enforcement. The police are required to report to the scene of an accident whenever someone’s been injured. A police report is a very important document of evidence in personal injury claims. Oftentimes, however, you’ll likely be on your way to the hospital by the time the police get there, meaning that they will hear the driver’s statement of events first.
By the time law enforcement comes to obtain your statement, your details of the event may be fuzzy. Whether you are on pain medications that make it hard for you to recall events or everything happened so quickly that you aren’t sure, you may be under pressure and not be able to form an accurate picture of the event. As a result, your accident may not get the careful attention it requires.
If you or someone you care about has been injured in a bicycle accident that was caused by someone else’s careless or negligent actions, you could be entitled to various types of compensation. While the total amount of compensation will vary depending on the facts of the case, our Orange County bike accident attorneys regularly help clients secure damages.
There are four primary categories of damages that may be available in a bicycle accident case: economic damages, non-economic damages, punitive damages, and wrongful death damages.
Economic damages are the tangible, calculable costs associated with your accident and injury. These damages are meant to cover the financial expenses that you have incurred as a result of the crash, such as:
Economic damages are usually the easiest to quantify because they are based on actual, verifiable expenses and losses, but they can quickly add up, especially in serious injury cases.
Non-economic damages compensate you for the intangible losses that are more difficult to calculate but are just as important. These damages account for the impact that the accident has had on your quality of life, including:
Non-economic damages are often subjective, but an experienced attorney can help demonstrate the full extent of your suffering and loss to maximize your recovery.
In cases of gross negligence or serious misconduct, punitive damages may be awarded.
If you have been injured in a bicycle accident in Orange County, it is crucial to be aware of the statute of limitations for filing a personal injury claim. In California, the limit for filing a claim is generally two years from the date of the accident. If you do not file your claim within this time frame, you may not receive compensation.
In those cases, different deadlines may apply. Consulting with an experienced attorney as soon as possible after your accident ensures that your claim is filed on time and preserves your right to compensation.
The cost of hiring a bike accident lawyer is a common concern for many bicycle crash victims and their families. Fortunately, most personal injury attorneys, including bicycle accident lawyers in Orange County, work on a contingency fee basis. This means that you will not have to pay any upfront fees or legal costs. Instead, the attorney will receive a percentage of your settlement or court award, typically ranging from 30% to 40%, depending on the complexity of the case. If your lawyer does not win your case, you will not owe any legal fees.
This fee structure makes legal representation accessible to everyone, regardless of financial situation, and ensures that your lawyer is motivated to achieve the best possible outcome for your case.
Determining liability in the aftermath of an Orange County bicycle accident is the most crucial element of securing compensation. Bicycle crash injury victims can take several steps in the aftermath of the incident in order to help ensure they receive the compensation they are entitled to. Determining liability revolves around evidence. Gathering evidence can begin as soon as a crash happens. However, a bicycle crash victim should only attempt to recover evidence at the scene of the crash if it is safe to do so and if they do not need to seek immediate medical care.
The police need to come to the scene of a bicycle crash so they can conduct a preliminary investigation into the incident. Often, the police will notate who they think caused the crash, and insurance carriers will rely heavily on this determination. However, a skilled bicycle accident attorney in Orange County will be able to use their resources to gather even more evidence to determine liability. This can include obtaining any video surveillance footage from nearby homes or businesses, vehicle “black box” data, cell phone records of the at-fault party, and more.
It is crucial that bicycle crash injury victims seek medical care as soon as possible. There should not be any gap between the accident and medical treatment because insurance carriers will seek to exploit any gap in treatment as a reason to deny her claim. Additionally, bicycle crash victims should complete all treatment ordered by their doctor until they have reached maximum medical improvement. Medical records are the key to proving injuries in these cases, and a large amount of the economic and non-economic compensation awarded in these cases revolves around having medical records to show insurance carriers or a jury.
Many bicycle accident cases in Orange County are settled without the need for a trial. Insurance companies often prefer to settle claims to avoid the costs and uncertainty of going to court. However, if a fair settlement cannot be reached, your attorney may recommend filing a lawsuit and taking the case to court.
While going to trial can be intimidating, having a skilled attorney by your side ensures that you are fully prepared. Your attorney will present evidence, question witnesses, and make arguments on your behalf to demonstrate that the other party was at fault and that you deserve compensation. Although most cases settle out of court, being prepared for the possibility of a trial is an essential part of maximizing your compensation.
Bicyclists are among the most vulnerable groups of people in or around the roadways. They usually have very little protection from the force of a vehicle slamming into them. Even at slower speeds, a vehicle that weighs thousands of pounds can cause significant catastrophic injuries to a bicyclist. Helmets are not required for cyclists over the age of 18, and it is not uncommon for our Orange County bicycle accident lawyers to help clients who have sustained the following:
During the latest year of reporting from the California Office of Traffic Safety (OTS), there were 7,941 total bicyclist injuries and 129 bicyclist fatalities. These numbers lead every other state in the nation. In California, a high percentage of bicycle accidents result in serious injuries or fatalities.
According to the National Highway Traffic Safety Administration (NHTSA), while colliding with a car only makes up 11% of all bike crashes, nearly half of these take place at an intersection. As a cyclist, you’re required to follow the rules of the road, but many drivers don’t always check their surroundings before going. One of the most common ways to be injured on your bike is to be struck when a driver is making a right on a red light.
In the state of California, a bike is considered a vehicle, and it must follow the same rules as motor vehicles. If you’re crossing at a crosswalk, you have the “right of way,” but if you were crossing in the middle of the street, a police officer may find you liable for the accident, even if the driver wasn’t paying attention.
As you can see, bike accident cases become complicated quickly. The right bicycle accident attorneys can help make sure you accurately report your version of events, establish fault, and attain a fair settlement for your injuries. If you were traveling in a car and collided with a bicyclist, an Orange County car crash lawyer can help with your claim.
While it is possible to handle an Orange County bicycle accident case without an attorney, it is not recommended. A bicyclist needs to have an advocate by their side when going up against the insurance carrier of the at-fault driver or any legal teams involved. An attorney will be able to handle the case from beginning to end, from the initial insurance claim and gathering evidence to negotiating with aggressive insurance carriers and taking your case to trial if necessary. When you do not have an attorney, you will be stuck using your personal resources to go up against insurance carriers and other parties who have no interest in helping you at all.
At the very least, schedule a free consultation with a skilled Orange County bicycle injury attorney so that you can gain an understanding of what direction your case should take, how much compensation you can expect, and how an attorney may be able to help you get through this.
When you or a child ride a bike in California, you need to follow all laws pertaining to bicycle operation. Those under 18 must wear a helmet when riding on a bicycle. Those over 18 do not have to wear a helmet in California.
Bicyclists must follow the rules of the road. Cyclists are typically treated like any other vehicle on the roadway (California Vehicle Code 21200). Not only does this mean that vehicles have to respect cyclists, but it also means that cyclists have to follow all traffic laws.
Every bicycle must be in good working order and meet certain requirements (California Vehicle Code 21201):
Injuries from bicycle accidents sometimes have consequences that last a lifetime. Spinal cord injuries and orthopedic afflictions can cause pain and damage for months, years, or even decades after an accident. If you’re suffering short-term or long-term injuries as the direct result of a bike accident, our team can help. We are committed to the needs of our clients at the law offices of DiMarco | Araujo | Montevideo.
We have the experience and reputation of settling personal injury cases outside of court and acquiring fair settlements for our clients without going to trial. However, we are not afraid to take a case to court if it means obtaining the best outcome for you. We will not let insurance companies lowball you on a settlement offer. Contact our office at (714) 783-2205 for a free case evaluation and we will review your unique case and let you know how to proceed.
We represent bicycle accident victims throughout Orange County, Irvine, Santa Ana, Anaheim, Newport Beach, San Bernardino, and Riverside.
Our law firm is conveniently located at 1324 N Broadway Santa Ana, CA 92706