Ontario Bicycle Accident Lawyer

Ontario Bicycle Accident Attorney

Working with an Ontario bicycle accident lawyer after a crash can help increase your chances of a favorable outcome in your legal case. It can be challenging to take on a personal injury case on your own without a full understanding of California law. You deserve an empathetic and knowledgeable attorney to help guide you through the entire legal process.

Why Choose Duque & Price?

For over 20 years, the attorneys at Duque & Price have focused solely on personal injury law, helping countless Californians recover the compensation they need to move forward in life. We know that compensation can’t take away the pain of what happened to you, but it can help you recover your financial losses and hold the responsible party accountable for their actions.

We’re proud to serve residents of Orange County, Los Angeles, Riverside, San Bernardino, San Diego, and surrounding areas throughout Southern California.

California Bicycle Accident Laws: Deadline to File Your Case

Between 2022 and 2023, bicyclist fatalities in the United States increased by 4.4%. Of the total traffic fatalities in 2023 in California, 3.6% were bicyclists. 145 bicyclists passed away that year in California. Knowing what to do after a bicycle accident is key to preserving your health and legal case.

Victims of bike accidents typically have two years from the date of the crash to file their claim at the appropriate courthouse. However, if a crash involves a government entity, such as a garbage truck, police vehicle, or poor road conditions like potholes, you only have six months to file your claim.

You want to hire a bicycle accident lawyer to help you do this. In Ontario, these cases are typically handled at the Civil Division of the San Bernardino District, located at 247 West Third Street in San Bernardino. If you don’t file within the proper deadline, the court is most likely to dismiss your case altogether, and you won’t be able to pursue any compensation.

Types of Compensation You Can Request in Your Bicycle Accident Claim

The amount of compensation that a victim can recover in their personal injury case depends on the type of losses they’ve suffered since the accident. Victims can recover two main kinds of damages in a bicycle accident case:

1. Economic damages are directly based on financial losses due to your injury. This can include the extent of your medical bills, such as surgeries, physical and mental health therapy, medications, medical supplies and devices, doctor and hospital visits, and in-home aide.Victims can also request compensation for any income they’ve lost because of their injuries, as well as damage to their vehicle, bike, and other personal belongings.
2. Non-economic damages are trickier to calculate and based on losses that are not directly financial. This can include pain and suffering, disability, disfigurement, and loss of enjoyment of life.

Combined, economic and non-economic damages can help victims recover not only the money they’ve lost in the incident, but also extra compensation for their emotional pain and future expenses.

Punitive Damages in a Bicycle Crash Case

A third type of damage, called punitive damages, may be requested in unique cases where the at-fault party acted with malice, fraud, or negligence. For example, if a driver was drunk when they hit you on your bicycle, the court may award punitive damages to you, on top of economic and non-economic damages.

Punitive damages were designed to act as additional punishment for wrongdoers and to deter them from committing similar acts in the future. Your attorney can help identify if you can request punitive damages in your specific case.

FAQs

What Happens if I Was Partially at Fault for the Bicycle Accident?

If you were partially at fault for the bicycle accident, you won’t be able to recover the full compensation awarded to you. Instead, it is reduced by the percentage of fault the court assigns you. For example, if you made an illegal turn when a car hit you, you may be assigned 40% fault. If you’re awarded $100,000, you would only take home $60,000. This system helps make sure that wrongdoers only pay what they’re personally responsible for.

Can I File My Bicycle Accident Claim Against Multiple People?

You may be able to file your bicycle accident claim against multiple people, depending on the circumstances of your situation. If there were multiple drivers involved in the crash, or the crash happened as a result of potholes and bad road conditions, or it happened because of a faulty design in your bicycle, you can file your claim against the people responsible.

Any compensation awarded is divided amongst them, and they pay the percentage of fault they were assigned.

Can I File a Bicycle Crash Case if I Wasn’t Wearing a Helmet?

You can file a bicycle crash case if you weren’t wearing a helmet at the time of the accident, but it’s important to know that it may affect the outcome of your case. While wearing a helmet isn’t required for adults in California, insurance companies and the court may reduce the amount of compensation awarded to you because not wearing a helmet can be considered negligent and could have contributed to your injuries and the crash.

What Should I Do Immediately After a Bicycle Accident in Ontario?

Immediately after a bicycle accident in Ontario, you should call 911 to report it and seek medical help, even if you feel okay. Take photos and videos of the crash site, your injuries, damage to your car or bike, and damage to your other belongings. Then, gather the contact and insurance information of the other driver involved, as well as the contact information of anyone who saw the accident happen. Don’t apologize, accidentally admit fault, or argue with anyone.

Hire a Bicycle Accident Lawyer Who Cares About Your Well-Being

When experiencing injuries due to the actions of another, you deserve an attorney who can be a part of your support system. Reach out to Duque & Price today to learn about how attorneys can assist you during this difficult time in life. Our team members have a niche focus on personal injury law and strive to help our clients throughout every stage of the legal process.