San Diego Bicycle Accident Lawyer Helping Injured Cyclists
As an avid cyclist, attorney Frederick M. Dudek knows how bicycling accidents occur. Many times these collisions happen through no fault of the rider. He understands the seriousness of both the injuries and damages that result when a driver fails to notice a cyclist, a defective part malfunctions on the bike or roadway conditions cause an accident to occur. Cyclists and their families then need to know what to do next.
According to the Bicycle Helmet Safety Institute, 818 bicyclists were killed on U.S. roads in 2015. Another 45,000 received injuries. These cycling accidents may present unusual legal issues that are different from an automobile crash. What makes our law firm unique is the understanding of cycling that Frederick brings to each bike accident claim he represents. Meeting with an attorney who not only understands the law but also loves the sport of cycling ensures the highest level of care for your case and its outcome.
What Do I Do If I Was Hit by a Car on My Bike?
- As with any other type of accident, make sure you receive medical attention immediately. Call 911 if it is a serious collision.
- Call the police. Just as with a car crash, you should make sure to get a police report after a cycling accident. If you are able, speak to the responding officer and then give your side of the story honestly.
- Document the scene by taking photos and getting any witness information, if possible. Witnesses can be difficult to locate after leaving an accident scene. Make sure witness information is accurate and then relay the information to the police. In addition to witness statements, you will also want the other driver’s insurance and contact information.
- Preserve evidence, including the condition of your bicycle. Do not repair or relinquish the bike, as this can destroy valuable evidence related to the accident. Write down the who, what, when, where and why of the accident.
- Do not talk to any insurance companies without the advice of an attorney. Insurance companies may seem like they sympathize with your injury. However, their purpose is to minimize your deserved damages. They may attempt to blame you for the accident and will use your recorded statements against you.
- Get legal advice from someone who understands cycling accidents. If you are unable to contact a lawyer on your own, then ask a close friend or relative to reach out to one on your behalf.
Most Common Bike Accident Causes
A large percentage of accidents involving bikes result from motorists simply not noticing the cyclist until it is too late, such as when a motorist:
- Fails to yield to a bicyclist at an intersection
- Turns or merges into the bicyclist’s path
- Overtakes a bicyclist and fails to judge properly the space needed to pass
Sometimes inattentive drivers are not responsible for the devastating injuries suffered by cyclists. If a car was not involved, then it is important that your legal representation help you answer the following questions to determine other possible causes:
- Did my bicycle have any defects?
- Did the other party violate the right of way?
- Was improper roadway design or poor street conditions the cause of the accident?
How Our San Diego Attorney Can Help After a Bike Accident
A number of factors may prove significant for your case that could go unnoticed by those not involved in the sport. As soon as you call us, Frederick will take actions to:
- Preserve the evidence (accident scene, lighting sequence, road/trail conditions)
- Document (and maintain) the condition of your bicycle
- Determine the significance of bicycling issues
- Research applicable cycling regulations
- Provide references to medical practitioners who specialize in sports injuries
- Document your injuries as well as the effect of those injuries on your life, including your cycling habits
- Determine appropriate defendants and possible causes of injuries
- Advise you of potential legal outcomes
- Negotiate, litigate and try your case before a judge or jury
- File and prepare an appeal (or opposition, if you win at trial)
As vulnerable road users, cyclists should not have to risk suffering bodily harm caused by unsafe operations of motor vehicles. This also applies to pedestrians, motorcyclists and those on scooters and skateboards, which do not have the safety features afforded by cars and trucks.
Lawyer for Bicycle Injuries Fighting to Protect Vulnerable Users
Our law firm wants clients to benefit from the most personalized representation possible. For this reason, our attorney limits the number of cases he takes. Frederick will use his firsthand cycling experience and legal knowledge to help you seek medical treatment and file insurance paperwork. Then, if necessary, he will fight aggressively to protect your rights in court.
He also offers legal services on a contingency fee basis. This means that if your case is not successful and no money is recovered, you do not owe any attorney fees. If you or a loved one is injured in a bike accident, whether it was because of a collision with another vehicle or because of dangerous conditions, then speak with our attorney during a free consultation to learn how we may be able to assist.