You should be able to take your bicycle out for a ride at any time of day without having to worry that you will be struck by a car. Unfortunately, bike versus car accidents are some of the most common ways bicyclists suffer catastrophic injuries. If you were seriously injured in an accident caused by someone else’s negligent or reckless actions, you may have the right to compensation for your damages and suffering.
With help from a dedicated San Clemente bicycle accident lawyer from Text Kevin Accident Attorneys, you can demand the full and fair compensation you are entitled to. The claims process does not need to be overwhelming when you have a top-rated San Clemente personal injury attorney with our firm handling your insurance and civil claims. Learn more about who could be held accountable for your losses and what your next steps should be when you contact our legal team to schedule a free consultation.
San Clemente Bicycle Accident Statistics
According to the most recently available data from 2021, provided by the California Office of Traffic Safety OTS Crash Ranking Results, San Clemente has over 63,400 residents. In 2021, there were 141 injuries and fatalities in motor vehicle accidents across the city. There were also 19 bicycle accidents, nine motorcycle accidents, 11 pedestrian accidents, and 16 accidents involving alcohol. Unsurprisingly, there were 72 DUI arrests, 16 speeding-related accidents, and 12 hit-and-runs.
Which Roads and Intersections in San Clemente Are the Most Dangerous?
There are multiple roads and intersections in the Orange County area that have been deemed particularly dangerous. Some of the top intersections you should avoid or be especially cautious of as a bicyclist include:
- Yorktown at Magnolia in Huntington Beach
- Commonwealth at Chapman in Fullerton
- Jeronimo at Alicia Parkway in Mission Viejo
- Heil at Gothard in Huntington Beach
- Harbor Boulevard at Commonwealth in Fullerton
Tips
Always wear a helmet and reflective gear to increase visibility, especially when riding near these intersections.
What Should I Do After a Bicycle Accident in San Clemente?
The decisions you make in the aftermath of your bicycle accident could have a profound impact on the outcome of your claim and your ability to maximize your compensation. Here is a general idea of the steps you should take if you hope to build the most powerful case possible against the at-fault party:
Document the Bicycle Accident Scene
The burden of proof is based on a preponderance of the evidence per the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. The evidence we collect at the accident scene could be exactly what we need to prove the defendant’s liability for your damages. Immediately after the accident, take photos of your injuries, damage to your bike, damage to other involved vehicles, traffic conditions at the time of the accident, and document any other relevant images. You should also take video of the accident scene and get the names and contact information of those who witnessed the bike wreck.
Follow Medical Advice
Do not hesitate to get medical attention. You do not want to give the liable party any opportunity to accuse you of embellishing the extent of your injuries. Even if you believe your bicycle accident injuries are minor, getting medical attention can help rule out any invisible injuries that could worsen if left untreated. Your medical records will be valuable in proving the severity of your injuries and the value of your personal injury claim.
Call a Bicycle Accident Lawyer
Connect with a bicycle accident attorney in San Clemente, CA who can help you navigate the claims process. This is not something you should have to do on your own, especially when you are still recuperating. Our team can take over every legal detail so you can attend doctors’ appointments, learn to live with any permanent disabilities related to your injuries, and start to rebuild your life.
We Will Fight to Recover Compensation for All of Your Bicycle Accident Injuries
Bicyclists often endure catastrophic injuries after being hit by a car. The type of injury you are diagnosed with will not necessarily determine whether you have the right to take a legal action or how much compensation you could be awarded. Instead, what matters is how significantly your injuries have affected your life. Some of the most common types of injuries our bicycle accident clients have reported include the following:
Whiplash and Neck Injuries
Whiplash, neck injuries, and other soft tissue injuries are common in biking accidents. You may experience pain, numbness and tingling, headaches, dizziness, and stiffness after a neck injury or whiplash.
Pro Tip
Keep a detailed log of your symptoms and how they affect your daily activities. This documentation can be crucial in your legal case.
Concussions and Traumatic Brain Injuries
Head and brain injuries are some of the most severe types of injuries you can sustain. Even minor brain damage could have catastrophic consequences, such as severe personality changes, mood swings, an inability to write, read, or feed yourself, and more.
Broken Bones and Fractures
Broken bones and fractures are quite common in bicycle accident cases. You may be dealing with a hip, knee, shoulder, neck, collarbone, arm, leg, foot, or rib break, depending on how your collision occurred.
Spinal Cord Injuries
Spinal cord injuries can be devastating. If you suffered an incomplete spinal cord injury, the nerves and tendons in your spine may have been stretched causing severe damage. If your spinal cord was completely severed, you may be dealing with paralysis after your biking accident.
Note
Spinal cord injuries often require long-term care and rehabilitation. Consider consulting with specialists to understand the full extent of your injury.
How Much Does It Cost to Hire a Bicycle Accident Lawyer in San Clemente?
You will never need to pay anything out of your own pocket to hire a bicycle accident lawyer in San Clemente with Text Kevin Accident Attorneys. We never charge even one penny in legal fees unless or until we win. Our contingency agreements are written in line with Rule 1.5 Fees for Legal Services by the State Bar of California, so payment for our efforts is contingent upon producing a successful verdict or recovering compensation for your damages.
Can I Recover Compensation if I Share Some of the Blame for a Bicycle Accident in San Clemente?
Yes, no matter how much blame you carry, if you were injured in a San Clemente bicycle accident, you still have the right to be reimbursed for the portion of the accident that was not your fault. California follows pure comparative negligence laws under California Civil Code 1714. Instead of limiting how much blame you can carry, the state does not impose such restrictions.
To ensure you are held accountable for your percentage of blame, you will not receive the total amount of your award if you are partially at fault. The court system will take out your portion of liability from your settlement. The exact amount you can expect to be deducted will correlate with your percentage of culpability.
For example, if you were not wearing your bicycle helmet at the time of the accident, the judge might agree that you share partial liability for your traumatic brain injury. If you were determined to be 15% at fault, you would only receive 85% of your award. If you hope to protect yourself from the defendant’s unjust partial fault allegations, get a high-powered bicycle accident attorney from our firm to investigate and establish liability based on a preponderance of the evidence.
Local Results
Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles
Case Type | Car Accident |
Location | California |
Settlement | $1,045,000.00 |
What Causes Bicycle Accidents in San Clemente, CA?
Many bicycle accidents in San Clemente and across the United States are caused by negligent drivers. When motorists fail to yield to the right of way, drive over the speed limit, or refuse to share the roads with bikers or motorcyclists alike, they can cause debilitating collisions. Some of the most common causes of biking wrecks across San Clemente include:
- Driving under the influence of drugs or alcohol
- Failure to check blind spots
- Failure to make necessary road safety repairs
- Improperly secured road construction zones
- Failure to stop at a traffic light or stop sign
- Distracted driving
- Driving aggressively
- Defective bicycle or auto parts
- Violations of California’s dramshop liability laws under California Business and Professions Code 25602.1
The cause of your bicycle accident will help us determine who should be sued for your damages. For instance, if a negligent driver hit you, we would notably take legal action against the reckless driver. However, if road safety issues or defective parts contributed to the accident, identifying the liable party could prove more challenging. There may be multiple parties that share liability for your damages, including:
- Safety inspectors
- Road construction workers
- Vehicle maintenance technicians
- Motor vehicle dealers
- Executives
- Government agencies
- The city of San Clemente
- Other third parties
Life is better now!
Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier
San Clemente, CA Accident
San Clemente Bicycle Accident FAQs
According to the city of San Clemente, bicyclist under the age of 18, including children under five who are traveling in bicycle attachments or carriers, are required to wear bicycle helmets. Bike helmets must meet the standards described in California vehicle code section 21212. While minors may be required to wear bicycle helmets, adult bikers are under no such obligation. However, wearing a bicycle helmet is strongly encouraged to protect yourself from partial fault claims.
Yes, your bicycle accident lawsuit must be filed before the two-year personal injury statute of limitations deadline expires under California Code of Civil Procedure § 335.1. Typically, the statute of limitations begins the day your bike accident occurred or when you were diagnosed with injuries related to the bicycle wreck. If you are unsure how much longer you have to file suit, do not hesitate to contact your dedicated San Clemente bicycle accident lawyer with Text Kevin Accident Attorneys.
California is a fault insurance state, so the at-fault party will be expected to cover the total value of your damages. After your bicycle accident, your San Clemente car accident lawyer will file a claim against the liable party’s insurance policy. Then, the insurance company will be expected to compensate you based on the policy terms and coverage limits. Your settlement may not fully cover the total value of your damages, so do not be surprised if we recommend moving forward with a bicycle accident lawsuit to ensure you get the most out of your claim.
Contact Our San Clemente Bicycle Accident Attorneys Today for Legal Help
When your injuries prevent you from working, providing for your family, participating in activities you love, or completing daily living tasks on your own, you may have the right to total compensation from the at-fault party. Whether you need to file a claim with the insurance company or bring your bicycle accident case to trial, with a powerful legal advocate in your corner, you can heal while we handle the legal details. During this challenging time in your life, you should not need to worry about how to protect yourself from being taken advantage of by profit-motivated insurance companies and liable parties who refuse to accept responsibility for their negligence.
Now is your opportunity to make them pay. When you have a reputable San Clemente bicycle accident attorney from Text Kevin Accident Attorneys working for you, you can breathe easier. The weight of the world does not have to be on your shoulders alone when you have our team advocating for your rights. Fill out our online contact form or call our office to schedule your free, no-obligation consultation as soon as today.
San Clemente FAQs
To get to San Clemente from Los Angeles, take I-5 South. You should follow I-5 S for just under 62 miles to get there. It should take you less than an hour following this route.
When you need your bicycle repaired after a collision, check out these bicycle repair shops:
The Bike House
439 N El Camino Real F
San Clemente, CA
92672
Jax Bicycle Center
1421 N El Camino Real
San Clemente, CA
92672
Bike Works
1051 Avenida Pico
San Clemente, CA
92673
After being involved in a bicycle accident, here are some reputable care facilities you can visit for a medical evaluation:
MEDHERO Advanced Urgent Care and Wellness Center
905 Calle Amanecer Ste 115
San Clemente, CA
92673
South County Urgent Care
1300 Avenida Vista Hermosa Suite 100
San Clemente, CA
92673
San Clemente Medi-Center
910 S El Camino Real suite a-100
San Clemente, CA
92672