BEST San Diego Bike Accident Attorney Near You

Bike Accident Lawyers in San Diego, California

Have you been seriously injured in a bicycle accident? Are you wondering if there is anything you can do to hold the driver accountable? If these questions sound familiar, you need a committed San Diego bicycle accident attorney who can help you effectively prepare a case against the negligent driver. You need a professional law firm that will take your case as seriously as you do.

We are The Levinson Law Group, a respected San Diego bike accident law firm with extensive experience working with clients injured in cycling accidents with cars. Unlike many other law firms in the area, we only handle car accident claims, which gives us unparalleled knowledge and experience of what goes into these cases. To learn more about your options, give The Levinson Law Group a call. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.

San Diego, California Bicycle Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), between 2010 and 2019, nationally, there were 7,722 pedal cyclist fatalities. In 2019, out of 36,096 total fatalities, pedal cyclists accounted for 2.3 percent or 846 deaths. Between 2010 and 2019, 73 percent of pedal cyclist fatalities occurred in urban settings.

Between 2010 and 2019, in California, 1,355 pedal cyclists died in accidents, according to data from the NHTSA. In the same time period, 48 percent of fatalities occurred at night and 52 percent during the day. In 2017, 145 cyclists died, and 11,116 were injured. In 2018, 155 cyclists died in accidents.

In California, 3 percent of fatal bike accidents happened on Interstates and freeways. Sixty-three percent of bike riders died on other major roads, and 29 percent died on minor roads.

High-risk San Diego intersections and roadways for bike riders include University Avenue between 1st Avenue in Hillcrest and 30th Street in North Park. In downtown San Diego, Gaslamp and Little Italy have higher-than-average bike crash rates. Other fatal intersections include Midway Drive and Rosecrans Street, Rosecrans Street and Sports Arena Blvd, Nimitz Blvd and W Point Loma Blvd, and Saturn Blvd and Palm Avenue.

In 2017, 2,663 injured bike riders were wearing helmets at the time of their accident, and 8,485 were not wearing helmets. Seventy-six percent of California bike riders were not wearing any safety gear when involved in a crash.

Types of Bicycle Accidents in San Diego, California

Bike accidents are avoidable and preventable, but motorists are not always paying attention to what is going on around them. Many bike crashes are the result of negligence on the part of the drivers. Common negligence factors cited in San Diego bike accidents include:

• Hit and run accidents
• Failing to yield the right of way
• Motorists blindly pulling out of parking spaces
• Driving while intoxicated (DWI/DUI)
• Distracted driving
• Vehicles traveling in the bike lane
• Cyclists being hit by open car doors
• Drivers merging or turning into the path of a bike
• Rear-ends accidents
• Left-hand turn crashes
• A motorist stops without warning, causing the cyclist to collide with the vehicle

Common Bicycle Accident Injuries

Bike accidents can change an individual’s life drastically. Because bicyclists have little to no protection while riding, any collision can result in catastrophic injuries or death. A bicyclist involved in a crash may face numerous surgeries, months or years of ongoing rehabilitation, and deal with months or years of medical care. Even with protective gear on, like a helmet, a bicyclist is at a much greater risk of injury or death than a vehicle occupant.

atal bike accidents occur throughout the year; however, warmer months see a higher number of bicycle crashes than the colder months. Nationwide, more than 1000 deaths occurred in bicycle-related crashes in 2019. In California, nearly 4,000 traffic fatalities occurred in 2019, with 133 deaths due to fatal bike accidents.

What to Do After a Bicycle Accident in San Diego, CA

In the aftermath of a bicycle accident, it may be challenging and overwhelming to know what to do next. Below is an outline of what to do in the event of an accident:

Fatal bicycle accident lawsuits

At-fault parties in a fatal bicycle crash are liable for the damages resulting from the accident., including a victim’s death. The law refers to the deceased person as the decedent. Two legal claims may arise from a fatal bike accident – survival action and wrongful death. The surviving spouse and the decedent’s children may file a lawsuit to seek compensation for the loss of their family member; however, the personal representative of the deceased’s estate may file the case on their behalf.

A survival action claim is for the injuries or damages the decedent sustained or incurred from the accident before dying. The personal representative seeks the compensation entitled to the decedent if he survived and filed the lawsuit himself. The estate may recover economic damages, such as the decedent’s medical bills, property damage, and lost wages. The estate may also receive punitive damages in a survival action claim, but it cannot recover damages for pain, suffering, or disfigurement. If the accident and victim’s death happen simultaneously, the decedent’s estate does not have a survival action claim. Such claims compensate for the survival period between the accident and the victim’s death.

Under California law, a death caused by a wrongful act or neglect or another is a wrongful death. The wrongful death lawsuit seeks compensation for the beneficiaries’ damages due to the victim’s death. The beneficiaries may receive economic and noneconomic damages.

Economic damages are the financial losses that have actual or calculable amounts. In a fatal bike accident, such damages may include funeral expenses, burial costs and the cost of getting a substitute for domestic services. Noneconomic damages are emotional, physical, and mental losses, such as:

• Pain and suffering
• Loss of companionship
• Loss of consortium
• Emotional distress
• Mental suffering

Criminal consequences of fatal bike accidents

Fatal bike accidents may occur because of a negligent, reckless, or intentional act. The at-fault party in a fatal bike accident could face criminal consequences for the victim’s death. Fatal bike accident crimes include vehicular manslaughter, driving under the influence and hit and run,

Misdemeanor vehicular manslaughter occurs when an at-fault driver’s negligence results in the death of another person and is punishable by up to one year in the county jail. Gross vehicular manslaughter happens when the gross negligence of a driver causes the death of another person. Gross negligence is the reckless disregard for human life. A driver found guilty of gross vehicular manslaughter faces imprisonment of up to one year in county jail or a term of two, four, six years in state prison.

California law prohibits motorists from operating a motor vehicle while under the influence of alcohol or drugs, also known as a DUI. Intoxication impairs a driver’s ability to focus, affects his reaction time, and distorts his judgment. Without clarity, a driver may collide with a bicyclist, and the impact leads to the death of the bike rider. The at-fault party could face the criminal charge of a DUI resulting in death. A person found guilty of vehicular manslaughter while intoxicated could serve up to four years in county jail; however, if the driver was grossly negligent, he may face up to ten years in state prison

An at-fault driver of a fatal bike accident can make the situation worse by leaving the accident scene. After an accident, the parties may remain at the accident scene and report the crash to the appropriate law enforcement agency. A hit-and-run is a criminal offense. The penalties range from fines to imprisonment. The punishment for leaving the scene of an accident that involves a death are:

• A $1,000 to $10,000 fine;
• 90 days to one year in county jail; or
• Two to four years in state prison; or
• A fine and imprisonment

• A fine from $1000 to $5000;
• Imprisonment of no more than ten years; or
• Both fine and imprisonment

Recent Bicycle Accident Settlement Examples

Imagine if you were enjoying the San Diego weather while riding your bicycle and suddenly were struck down by a car? At the Levinson Law Group in San Diego, we believe in getting you the compensation you deserve. We recently achieved substantial settlements for clients injured in bike wrecks across California. These notable outcomes demonstrate our dedication to securing justice for those who have experienced serious injuries in bicycle accidents in San Diego County.

$100,000 Bike Accident Settlement in San Diego, California

In August 2024, we went to trial in Redlands, California, representing a client who was hit by a car while crossing at a crosswalk. The impact caused injuries to their knees and arms, requiring physiotherapy and rehab treatment. Despite an initial low offer, our bike wreck lawyers at the Levinson Law Group fought diligently for our client and successfully secured a $100,000 settlement, ensuring they received the compensation needed for their recovery.

California Bicycle Laws

California’s bicycle laws are designed to improve the safety of cyclists and everybody else on the road. The California Vehicle Code contains laws that detail where and how bicycles must operate. For the most part, bicyclists have the same rights and responsibilities as motor vehicle drivers.

Below are some of California’s bicycle laws to be aware of:

• Cyclists must ride with traffic.
• If going slower than traffic, ride close to the curb. This will give vehicles space to go around you.
• If there are bike lanes, use them, especially when going slower than traffic.
• You must stop before the crosswalk, not in the crosswalk.
• Obey traffic signs.

All bicycles must follow the rules regarding equipping the bike. All bicycles must have:

• Bicycles must be equipped with brakes.
• Handlebars must not be higher than the rider’s shoulders.
• Bicycles must fit the rider so they can stop and start safely.
• At night, the bike or bicyclist needs to be equipped with a white headlight visible from the front.
• At night, bicycles must have the following reflectors:
  • Visible from the back: red reflector.
  • Visible from the front and back: white or yellow reflector on each pedal or the bicyclist’s shoes or ankles
  • Visible from the side: 1) white or yellow reflector on the front half of the bicycle and 2) a red or white reflector on each side of the back half of the bike.
• All riders must have a permanent seat unless the bicycle is designed by the manufacturer to be ridden without a seat.

Most importantly, riders under age 18 must wear an approved helmet. Helmets save lives and dramatically reduce the risk of head injury. State law prohibits cyclists from have both ears covered or plugged by headphones or earplugs while riding a bicycle. Bicyclists also cannot operate a bicycle while under the influence of alcohol or drugs.

Contact a Bike Accident Attorney Near You at The Levinson Law Group Today

At The Levinson Law Group, our dedicated team of bike accident lawyers is ready to help. If you or a loved one were involved in a bicycle accident, reach out to The Levinson Law Group attorneys right away. If you have questions about the recovery process, we can answer them. If you are not sure you want to bring a case against the other driver, we will not pressure you. We only want to make sure that you are informed to make the best decision for yourself and your family.

When you decide to work with The Levinson Law Group, you can rest assured that you will have someone in your corner throughout the entire process. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs. To learn more about your options, call The Levinson Law Group at 760-827-1700.