Bicycle accidents often occur when a motor vehicle crashes into an unsuspecting biker. It is not unusual for bicycle accident victims to endure life-threatening or catastrophic injuries, including disfigurement. If you suffered severe injuries caused by another party’s negligence, you have the right to be repaid in full for your damages and suffering.
Your dedicated Sacramento bicycle accident lawyer with Triumph Law can help guide you through the claims process so that you can focus on recuperating. While you get the medical treatment and care you need, our team can investigate the cause of the collision, determine who is responsible, and gather the evidence we need to prove negligence at trial if necessary. If your bicycle accident resulted in a severe injury or disfigurement, it is imperative that you demand justice if you hope to get through these trying times and avoid financial ruin.
The Impact of Disfigurement or Severe Injury Is Undeniable
According to the Centers for Disease Control and Prevention (CDC), there are over 130,000 bicycle accident injuries in the United States every year and almost 1,000 fatalities. However, California saw an 8% increase in 2021, with 125 bicyclist fatalities, according to the California Office of Traffic Safety. Those who survive may deal with severe injuries, including brain trauma, amputation, and disfigurement.
The consequences of catastrophic injuries can be felt across nearly every aspect of your life. Fortunately, when you bring your case to trial, you have the right to be made whole under California Civil Code §1431.2. Some of the various economic and non-economic damages that could be recovered include:
Emotional Distress and Pain and Suffering
When you suffer from disfigurement or a severe injury, the emotional distress associated with the trauma you went through is undeniable. It may be difficult for you to be around friends and family with a disfiguring injury. You may experience extreme embarrassment and shame, and your quality of life may be significantly affected.
While these are non-economic losses that do not have a fixed financial value due to the impact of these intangible losses, they are often considered especially valuable. Your personal injury attorney will need to consider every way you have been affected by your disfigurement, skin scarring, or severe injuries to ensure we are accurately calculating the value of your claim. Once we understand how your pain and suffering or emotional distress has influenced your life, relationships with your closest relatives, and ability to live life normally, we will have better insight into how much you should be awarded.
Medical Expenses
With catastrophic injuries and disfigurement often comes astronomically high medical expenses. According to the National Institutes of Health, National Library of Medicine, disfiguring injuries can often cost victims hundreds of thousands of dollars and require significant medical treatment and intervention for years after the accident. Depending on the type of disfigurement you are dealing with, you may require skin grafts, reconstructive surgery, and other intensive treatments in the years that follow your bicycle accident.
The liable party should be expected to cover every single cost. This includes ambulance bills and medical equipment, physical therapy and mental health counseling, and any other costs related to treating your injuries and your healing journey. Some of these damages the insurance company might cover, but any remaining damages will need to be claimed through your bicycle accident lawsuit.
Lost Wages and Diminished Earning Potential
You have the right to compensation for your loss of income and diminished earning capacity. When you have to take months off of work to heal from your injuries or have suffered a permanent disability that will prevent you from being able to support yourself, these damages should be considered in our calculations. You also have the right to receive compensation for your loss of employee benefits, including pay increases, health insurance coverage, and paid time off.
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Disfigurement and severe injuries associated with bicycle accidents are often devastating. Upon investigating the cause of your accident, we may discover that someone else’s negligence directly or indirectly caused your injuries. Some of the most common causes of bicycle accidents, according to a safety research report conducted by the National Transportation Safety Board (NTSB), include:
- Dangerous driving
- Distracted driving
- Defective vehicle parts
- Hazardous road conditions
- Drunk driving
- Road rage
- Aggressive driving
- Reckless driving
- Negligent dram shops or social hosts
- Failure to install bicycle lanes
In many cases, negligent drivers, parts manufacturers, and government agencies or municipalities are held accountable for motor vehicle accidents, including pedestrian accidents and bicycle accidents. However, additional third parties could share responsibility depending on the circumstances of your case. Our team will need to carefully review the evidence and circumstances of your case to determine who should be brought to justice.
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Do Not Hesitate – The Statute of Limitations Is Already Counting Down
Bike wreck victims have a limited amount of time to file personal injury lawsuits and insurance claims. The California personal injury statute of limitations allows for claims to be filed up to two years from the accident date in most cases, according to the Code of Civil Procedure (CCP) §335.1. However, insurance companies are not held to any type of statute and have the authority to set their own deadlines.
Failing to file your claim in time could be devastating. The civil court system is legally required to refuse to hear your case if you miss the statute of limitations deadline unless extenuating circumstances apply. Insurance companies will often deny requests for compensation if claims are not filed before time runs out, which in some cases could be as few as 48 hours after the accident.
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Consult California’s Premier Bicycle Accident Law Firm for Help Today
Bicycle accident injuries can be devastating and the fallout from your collision may continue to have an impact on your life for the foreseeable future. We do not believe the liable party should get away with it. With a reputable bicycle accident attorney from Triumph Law on your side, you can heal while our team handles every legal detail of your case.
Having recovered tens of millions of dollars for our clients in over 20 years of legal service, our team has an unparalleled dedication to our clients and will do everything possible to help you overcome your disfigurement or serious injuries. When you are ready to get started on your insurance or civil claims, do not hesitate. Contact our law office to request a free consultation through our contact form or by phone as soon as today.