Skilled Bicycle Accident Lawyers Assisting Clients in San Francisco, CA
Walkup, Melodia, Kelly & Schoenberger boasts a team of highly skilled bicycle accident attorneys serving the Bay Area and clients across California. Many of our bicycle injury lawyers are passionate cyclists themselves, and our firm proudly sponsors both the San Francisco and Silicon Valley Bicycle Coalitions. A San Francisco Bicycle Accident Lawyer actively supports the Coalition's initiatives aimed at enhancing bicycle safety, ensuring fair investigations of traffic accidents, and addressing the San Francisco Police Department's mishandling of bicycle-related incidents.
Having represented injured cyclists for many years, we recognize that some police officers manage bike-related incidents with fairness and professionalism, and we appreciate their efforts. However, we also receive numerous reports of negative and unjust treatment towards cyclists. We assist clients from the San Francisco peninsula, Palo Alto, Menlo Park, San Jose, and Sunnyvale in seeking just compensation for injuries and property damage resulting from bike accidents. With over sixty years of experience and a strong track record of securing seven- and eight-figure settlements, we are the attorneys you need to help you with your bicycle accident claim.
Reasons to Select Our Firm?
Walkup, Melodia, Kelly & Schoenberger have achieved more million-dollar verdicts and settlements than any other personal injury law firm in Northern California.
With over 50 years of experience in managing personal injury cases and other civil claims for clients in the San Francisco area, our firm boasts a 98% success rate in client recoveries over the last decade.
We adopt a thorough approach to legal representation, aiming to maximize each client's recovery by investigating all possible avenues for compensation in a civil claim.
Our San Francisco accident attorneys work on a contingency fee basis, which means we only charge legal fees when we win, taking a percentage of the total case award; we believe everyone should have access to legal representation when they need it the most.
Past Case Outcomes
Walkup, Melodia, Kelly & Schoenberger boasts an unparalleled history of verdicts and settlements exceeding a million dollars in Northern California. Among our notable cases are a $52 million jury verdict for a propane explosion resulting in wrongful death, a $17 million jury verdict for a product liability case involving brain damage from a faulty product, and a $9.5 million verdict for toxic exposure.
Instances of Successful Legal Representation in Bicycle Accident Cases
Cyclist Sustains Traumatic Brain Injury – $17 Million Verdict
Bicycle vs. Truck – $15 Million Settlement
Cyclist Injured by Road Hazard – $9.5 Million Settlement
Cyclist Hurt at Dangerous Railroad Crossing – $1.3 Million Settlement
Cyclist Suffers Spinal Cord Injury in Taxi-Related Accident – $1 Million Settlement
Bicycle vs. Pickup Truck – Collision on San Francisco Market Street – $750,000 Settlement
Bicycle Commuter and Collision/Injury/Fatality Data in California
Analyzing the statistics for bicycle accidents in the South Bay Area highlights the severity of the issue. As the economy improves and ride-sharing becomes more popular, an increasing number of individuals are on the roads in San Francisco and nearby cities. This results in a rise in accidents and fatalities involving bicyclists.
Below are the latest statistics on the number of bicyclists who were killed or injured in a single year, as reported by the California Office of Traffic Safety:
San Francisco (city): 654 bicyclists
Palo Alto: 109 bicyclists
Milpitas: 25 bicyclists
San Jose: 384 bicyclists
Sunnyvale: 77 bicyclists
Mountain View: 31 bicyclists
A significant number of individuals injured in bicycle accidents were younger than 15 years old. Although wearing appropriate cycling gear, such as helmets, can reduce the risk of head injuries and fatalities in these incidents, it is essential for motor vehicle operators to exercise caution and care when driving near cyclists and pedestrians. Intersections are the most frequent sites for bicycle accidents, often due to drivers not yielding the right of way to cyclists. Other prevalent factors contributing to bike accidents include distracted driving, such as texting, driving under the influence, and excessive speed.
Most Frequent Injuries in Bicycle Accidents
Negligence by motor vehicle operators and defects in roadway surfaces are common causes of bicycle accidents, resulting in a high probability of serious injuries. Even with the use of helmets and appropriate gear, cyclists involved in collisions with motor vehicles often experience significant, life-threatening injuries. There are several types of injuries that frequently occur in bicycle accidents, attributed to the nature of these incidents. Here’s a summary of each:
Head and brain injuries. Cyclists may endure skull fractures, concussions, brain contusions, or intracranial hemorrhages from their heads hitting the ground or another object during an accident. Concussions and the shearing forces from a collision can lead to temporary or permanent brain damage. Traumatic brain injuries can manifest symptoms such as severe headaches, dizziness, nausea, confusion, memory loss, behavioral changes, and cognitive challenges.
Facial and eye injuries. The face of a cyclist falling and making contact with asphalt, concrete surfaces, or a vehicle can result in lacerations, facial fractures, contusions, dental fractures, or foreign objects in the eyes. Facial injuries may necessitate serious surgeries and can lead to lasting scars.
Chest and abdominal injuries. The chest may suffer from rib fractures, collarbone, shoulder, and lung injuries, particularly if a motor vehicle runs over the cyclist. Crush injuries like flail chest can be fatal. Additionally, a cyclist may experience various internal injuries in the abdomen, such as spleen rupture, pancreatic trauma, traumatic hernia, and contusions of the small or large intestine.
Other injuries. Other prevalent injuries include fractures of the hands, wrists, and long bones of the arms, as well as dislocations, strains, lacerations, and contusions. If a collision propels the cyclist a considerable distance, they may also sustain severe abrasions or road rash.
Due to the lack of protection during collisions, injuries sustained in bicycle accidents can result in extended hospitalizations, surgical procedures, rehabilitation, and even lasting disabilities if the individual survives. Injuries to the head and brain can lead to permanent impairments in cognitive and motor functions. It is crucial for accident victims, regardless of the severity of their injuries, to consult with knowledgeable attorneys. Whether the injuries are significant or minor, they all warrant the attention of a proficient San Francisco Bicycle Accident Lawyer in the South Bay region.
Analysis of Liability in Bicycle Accidents and Actions Taken by Victims
Establishing liability and negligence after a bicycle accident can be intricate. It involves investigating the accident scene and assessing the responsibilities of all parties involved, along with the condition of the roadway and traffic signals. Negligent drivers are frequently the ones at fault in bicycle collisions. Drivers often assert that the cyclist "appeared out of nowhere" or was "traveling too fast." Such justifications typically come from motorists who were distracted or breaking traffic regulations themselves.
These are prevalent issues in bicycle accident cases:
A car or truck making a left turn
A vehicle executing a right turn or passing a cyclist
Being doored on the driver's side
Being doored on the passenger's side
Sideswiped by a vehicle passing by
Rear-ended by another vehicle
Defects and debris on the roadway
According to California law and the California vehicle code, bicycles are classified as vehicles, and cyclists must adhere to the same roadway regulations as motor vehicles. Similar to cars, bicycles are required to follow traffic signals and practice roadway courtesy. The vehicle code safeguards riders who comply with the law.
According to California's comparative negligence laws, a bicyclist who is partially responsible for an accident can still obtain compensation. An injured cyclist has the option to pursue action against other parties involved by either filing a lawsuit or making an insurance claim related to the incident. If the insurance company rejects the claim or does not provide a satisfactory settlement, the victim can proceed to civil court. Hiring an attorney can simplify the settlement negotiations and claims process for the victim, often leading to higher compensation amounts.
California operates under a pure comparative negligence system, which means that even if a judge determines that the plaintiff (the injured cyclist) is 99% at fault for the accident, they can still recover 1% of the compensation. The courts will adjust the compensation amount based on the percentage of fault. For instance, a cyclist found to be 10% at fault would receive $90,000 from a total award of $100,000. To understand the specifics of fault in your case and to learn about your legal options, consult with our attorneys at Walkup, Melodia, Kelly & Schoenberger.
Why Should I Hire a Lawyer for a Bicycle Accident?
The main reason to enlist an attorney for a bicycle accident case is that they have a significantly higher likelihood of obtaining the maximum compensation for your damages compared to handling it on your own. The average individual has a slim chance of achieving a favorable settlement or jury verdict without legal representation, particularly if they are still in the process of recovering from serious injuries sustained in the accident.
A personal injury lawyer can assist an injured bicycle accident victim in managing insurance-related matters throughout the case, gathering evidence to enhance the victim’s recovery, and investigating other potential sources of compensation, such as third-party claims that the victim may not have thought of independently.
California Bicycle Regulations
Both drivers and cyclists are required to understand and follow all relevant traffic regulations. It’s important to check the specific laws in your area before riding your bike to ensure you are not violating any rules or putting yourself at risk.
Here’s a summary of the general cycling laws in California, as outlined in the California Driver Handbook:
Always keep control of your bicycle. Even in emergencies, you can maintain control by using a bike that fits you properly. Adjust your seat and handlebars correctly to respond swiftly to hazards on the road. Make sure your bicycle is well-maintained to avoid accidents caused by mechanical issues.
Do not ride your bicycle while under the influence of drugs or alcohol. In California, you can be charged for biking under the influence, as it is illegal to ride a bicycle while impaired. A conviction could lead to fines and a suspension of your driving privileges.
Stay on the roadway. If you are over 13 years old, riding your bicycle on sidewalks in San Francisco is against the law. Many cities have similar rules in commercial areas, so it’s usually best to ride on the road or in designated bike lanes. Always ride as far to the right as possible and in the same direction as traffic.
Wear a helmet. California law requires anyone under 18 to wear a securely fastened bicycle helmet at all times. While it’s not required for those over 18, wearing a helmet is wise, responsible, and can significantly reduce the risk of injury or death. Different cities may also have their own helmet regulations in addition to state laws.
Yield the right of way. Bicyclists do not automatically have the right of way at crosswalks and intersections. Cyclists must follow traffic signals and crosswalk signs. Failing to yield the right of way when crossing the street or turning can result in the cyclist being deemed fully at fault for any injuries or accidents.
Always verify the bicycle regulations in your particular county and city before you ride. Adhering to traffic rules and safety regulations can assist you in avoiding a serious accident and preserving your legal rights following a collision. Conversely, violating the law may render you at least partially liable for an accident, which could decrease or negate your overall compensation.
What to Do If You Experience a Bicycle Accident in San Francisco
If you have suffered an injury or disability due to a bike accident, you may feel shocked and disoriented. You could be facing serious injuries or be overwhelmed by the grief of losing a loved one. The actions you take right after a bicycle accident can be crucial in safeguarding your rights and ensuring your future. Keep this list handy in case of an accident so you know precisely what steps to follow:
Stay composed and remain at the location.
Contact the authorities to inform them about the incident.
Collect details, such as the name and phone number of the driver.
Capture images of the accident scene and all vehicles involved (including bicycles, cars, trucks, etc.).
Obtain medical care for any injuries.
Notify your insurance provider about the accident.
Consult with a lawyer.
At times, bicycle accidents involve hit and run situations, where the driver leaves the scene. In such cases, it is crucial to have a skilled attorney who can work diligently to track down the driver responsible for the accident. If not, you might miss out on receiving compensation for your injuries. If you have been injured, do not wait. Witnesses may vanish, road issues may be fixed, and memories can fade. Your attorney needs to act quickly to gather evidence before it disappears.
Reach Out to a San Francisco Bicycle Accident Attorney Today!
In California, when multiple parties are at fault for a personal injury incident, the jury determines the fault percentage for each party based on their level of liability. A plaintiff can still receive damages even if they are found to be 99% at fault; however, they will forfeit a portion of the award equivalent to their fault percentage.
For instance, in a $10,000 claim where the plaintiff is deemed 10% at fault, they would lose 10% of the total value due to their comparative negligence, resulting in a payout of $9,000. A bicycle accident claim can assist an injured cyclist in recovering medical costs, property damage, lost wages, and compensation for pain and suffering stemming from the incident. Contact Walkup, Melodia, Kelly & Schoenberger today to arrange a free consultation with a San Francisco bicycle accident attorney, and we will explain how our firm can assist you.
The attorneys at Walkup, Melodia, Kelly & Schoenberger have managed numerous bike injury cases throughout the Bay Area and Northern California. We understand the specific challenges of bicycle accident reconstruction and how to counteract the biases against cyclists. Our specialized experience has enabled us to secure significant recoveries for clients who have suffered serious or permanent injuries while cycling. Reach out to us today to book your free consultation in San Francisco, Palo Alto, Menlo Park, San Jose, or Sunnyvale.
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