Our attorneys exclusively represent injury victims.
For years we have fought on behalf of clients who were hurt in accidents due to the negligence of another party.
Orange County is a popular destination for cyclists. In the past, the Santa Ana River Trail was a favorite ride for bicyclists because it allowed for short and longer excursions. However, the proliferation of homeless encampments along the path has greatly decreased the trail’s appeal.
Regardless, there is an increasing number of bicycle riders in the city. You can witness a growing number of commuters using bicycles in Orange County on any weekday.
As bicycling becomes increasingly popular, the road must be shared with both cars and bikes. Problems arise on shared roadways, and more and more, there are OC car accidents or trucking accidents involving unprotected cyclists with no airbags to protect them from injuries, often debilitating.
What is a Bicycle Accident Case?
Bicycle accident cases are legal claims filed by injured cyclists against those responsible for causing their collisions, injuries, and losses. These claims typically involve negligence causes of action. To prove the defendant who caused your bicycle crash was negligent, you must present evidence proving each of the following elements:
- The at-fault party owed a duty to operate their vehicle with reasonable caution.
- The at-fault party breached the duty of care.
- The defendant’s breach was the direct or proximate cause of your accident and injuries.
- You suffered calculable damages as a result.
Under Cal. Civ. Code § 1714, each person in the state is responsible for paying damages when they cause injuries to others because of a lack of exercising reasonable care. A viable claim can arise when you’re injured in a bicycle accident caused by a driver’s negligence, suffer injuries because of road defects, or are attacked by someone else when riding your bike.
California adopted pure comparative fault under the state Supreme Court’s decision in Li v Yellow Cab Co., 532 P.2d 1226 (1975). Pure comparative fault means that you can recover compensation for your bicycle accident injuries and losses even if you were partly at fault. However, your recovery will be reduced by your percentage of fault. For example, if your bicycle accident case goes to trial, and the jury determines you were 20% at fault, your damages award will be reduced by 20%.
At MKP Law Group, our Orange County bicycle accident attorneys offer free consultations to people in Anaheim, Santa Ana, and throughout the county. During your consultation, our attorneys will review the facts and circumstances of your case and explain your legal options and rights. We can help you understand the next steps.
However, you need to contact us as soon as possible after your bicycle crash. Under Cal. Code Civ. Proc. 335.1, the state has established a two-year deadline for filing a bicycle accident lawsuit. If you fail to file before this deadline, you’ll lose your ability to pursue damages for your losses. Contacting our attorneys quickly also allows us to preserve critical evidence that could otherwise be lost as time passes.
While Orange County has opened up many great bike paths for cyclists, such as the Class III shared lanes on streets specifically marked as bike routes, many problems still arise. With delivery trucks and tourist buses, crowded roadways can leave even these “safer” lanes a potential danger.
Our team at MKP Law Group, LLP knows the complications that can arise when it comes to roadway accidents resulting in bicyclist injury. We understand the Orange County bike laws and have experience in injury litigation. Our vast network of contacts will connect you with the best medical professionals and any other experts you may need to get through this difficult time.
If you or a loved one has been seriously injured in a bicycle accident, you need an Orange County bicycle accident lawyer who can help you get the compensation you deserve. There are no upfront, out-of-pocket costs to our clients. Call us today at 323-483-4863 to schedule your 100% FREE consultation.
Frequent Risk Factors for Bike Crashes in the OC
Orange County is well known for its proximity to the ocean. Roads near the ocean frequently have slick sand and troublesome debris in gutters, which makes staying to the right (as bicyclists must do) dangerous.
Similarly, Class III bikeways are great, but riders find that entering the lane – the process when a cyclist moves to the center – can be especially dangerous as motorists still attempt to squeeze by.
To find dangerous routes within a mile of the coast, it is helpful to check out the 1Point21 Interactive map that pinpoints areas of collisions. While the information collected does not take into account Irvine bicycle accident data for crashes further inland, the map highlights potentially hazardous areas like Barranca Parkway or Warner Avenue.
BikinginLA keeps an insightful running total of L.A. and OC bicycle injuries and fatalities. This can help alert bike riders to the dangers of specific spots, including PCH, just west of Busch Drive, and 16th Street crossing Irvine Avenue. That particular case involved an alleged DUI, but there are many other risks cyclists have to deal with – even when motorists are not breaking the law.
- Car doors: It happens frequently. The driver parks the car, gathers their belongings and opens the door without glancing into the rearview mirror. For many cyclists, the opening car door is an obstacle they cannot avoid, which results in a collision.
- Confusion about the laws: Orange County drivers are expected to maintain a three-foot distance between their vehicles and a bike. How many drivers are aware of this rule? Others have forgotten the right-of-way details at a four-way, which leads to dangerous false starts. Similarly, there is the “California Roll” when a driver slows to a roll but not stop fully at a Stop sign.
- Blind spots: Some cars have more than others. Add typical distractions such as changing a radio station, talking to a child in the backseat, or eating, and it makes sense why some drivers simply do not see cyclists. This can be worse for big vehicles.
Beyond that, NHTSA officials identified four additional fatality risk factors for bicyclists and other cyclists in a recently updated (2020) fact sheet.
- Riding in urban areas: According to 2018 data, 79% of cycling deaths occurred in these regions.
- Intersections: Of the fatalities, 29% happened at intersections.
- Middle-aged: The average age of a bicycle fatality victim is 47.
- Gender: Men have a higher deadly crash rate than women.
Also, fatalities typically occur when the rider makes contact with the front of a vehicle resulting in car accidents that often cause little car damage and can be very damaging for cyclists. Light trucks are, by far, the riskiest vehicles to encounter. When encountering buses and large trucks, accidents generally involved right-side collisions.
Common Cities in Orange County for Bicycle Accidents
Based on our research and inbound requests, these are the cities in Orange County with frequent bicycle accidents.
- Laguna Beach – it’s a very beautiful and scenic area to bike, with ocean views and rolling hills. But Laguna Beach can be very dangerous for bicyclists, sharing Highway 1 and tight canyon roads like the 133/Laguna Canyon Road.
- Newport Beach – whether you’re biking on the boardwalk, the Back Bay, or in the neighborhoods of Newport, there’s lots of bikers connecting to Laguna and Irvine.
- Irvine – another biker’s paradise with a mix of flat roads and hills in the western and eastern portions, those who’ve been injured biking in Irvine should reach out to us.
- Yorba Linda – with rolling hills and dedicated bike lanes, Yorba Linda is a weekend warrior’s biking paradise. We’ve seen demand for bicycle injury cases from Yorba Linda lately.
- Buena Park – the home of Knott’s Berry Farm has lots of flat roads and perfectly square blocks, easy for biking. Unfortunately, you’re more likely to be injured biking here than at the theme park.
- Cerritos – right next door to Buena Park is Cerritos, where we’ve seen common inbound requests for accidents.
Contact an Orange County Bicycle Accident Lawyer at MKP Law Group, LLP Today
Have you been harmed in a cycling accident in the OC? Did your loved one get hurt? Don’t try to figure things out on your own.
Although your first call should be to the police and first responders, remember to get advice about your legal rights, too. While these frequently take a backseat, remember that the clock starts ticking the moment the accident happens. Make a mistake here, and you may forfeit any rights you have.
At MKP Law Group, LLP, our team is experienced in bicycle injury cases. Contact us today at 323-483-4863 for your free consultation.
We know how to deal with insurance companies so that you do not have to and, instead, can focus on getting better. Our priority is for you to get the best care on every level.
As always, if we don’t win your case, you don’t owe us a dime.
We proudly service clients in and around Orange County and the surrounding Los Angeles area.
Common Types of Bicycle Accident Injuries
Unlike motor vehicle occupants, cyclists are largely unprotected from the forces released in bicycle accidents. Because of this, bicycle vs. car crashes often result in catastrophic injuries, including:
- Head trauma
- Road rash
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Severe lacerations
- Broken bones
- Amputations
- Death
Traumatic brain injuries are among the most serious injuries commonly suffered by cyclists in bicycle accidents. Moderate to severe TBIs can have long-lasting impacts, including potentially permanent disabilities with substantial medical and rehabilitation costs. Because of the severity of these injuries, it’s important to take immediate steps following an accident to preserve your legal rights.
What to Do After a Bicycle Accident
1. Call 911
Call 911 to request police and other emergency responders. If you’re unable to call because of your injuries, ask a bystander to call for you. Remain at the scene until help arrives.
2. Check for Injuries
While you’re waiting, check yourself and others for injuries. Render first aid to injured victims until emergency responders relieve you.
3. Gather Evidence
If you can, gather as much evidence at the accident scene as possible. This might include:
- Photographs of the damage to the bicycle, the involved vehicle, the crash scene, weather conditions, road conditions, and your injuries
- Witness names and contact details
4. Talk to the Police
Tell the officer as much as you can recall about your accident, including the moments that immediately preceded it and what occurred after. Stick to the facts and avoid speculation. Don’t exaggerate anything.
5. Seek Immediate Medical Attention
If you’re seriously injured, ride in an ambulance to the nearest emergency department. Otherwise, it’s still important to see a doctor as soon as possible. Some serious injuries might have delayed symptoms that don’t appear for hours or days and can worsen without prompt treatment. Receiving immediate medical treatment also shows the insurance company that the crash caused your injuries rather than an intervening cause.
6. Consult an Experienced Bicycle Crash Attorney
Contact a lawyer at the MKP Law Group as soon as possible after your collision. Avoid talking to the at-fault party’s insurer until you’ve retained a lawyer. Your attorney can review your case and explain whether you have a viable claim. If they agree to represent you, your attorney will handle all aspects of your case for you, including handling all communications with the insurance company.
Our attorneys have years of experience and training in handling bicycle accident claims. We understand the law and how it applies. Your lawyer can help you navigate the claims process. In many cases, we’re able to successfully negotiate fair settlements on behalf of our clients. However, we’re unafraid to fight for you through the court process if the insurance company refuses to make a fair settlement offer.
