Bicycles are excellent vehicles for short-distance transportation and recreation. However, bicyclists are also incredibly vulnerable to severe injuries in the event they are involved in a collision with another vehicle. At Walkup, Melodia, Kelly & Schoenberger, we are here to help if you need a Fremont bicycle accident lawyer by your side. Our goal is to help ensure you receive the compensation you are entitled to. Let us get to work investigating your case today.
If you or somebody you love has been injured in a bicycle accident caused by the negligence of another driver, contact Walkup, Melodia, Kelly & Schoenberger for assistance today. Our Fremont bicycle accident attorneys will investigate your case and work to secure full compensation for your losses.
Choose Walkup, Melodia, Kelly & Schoenberger for Help With Your Case
If you have been injured in a bike accident caused by somebody else, you can count on the team at Walkup, Melodia, Kelly & Schoenberger stand by your side.
- At Walkup, Melodia, Kelly & Schoenberger, our team has more than 60 years of legal experience helping injury victims throughout California secure full compensation for their losses.
- We take Fremont bicycle accident cases on a contingency fee basis, which means that our clients will not have to pay any legal fees until we obtain the compensation they need.
- We have a track record of success and have secured multimillion-dollar settlements on behalf of those involved in collisions with motor vehicles.
Fremont Bicycle Accident Resources & FAQs
- Why Do You Need an Attorney for a Fremont Bicycle Accident?
- Understanding Fremont Bicycle Accident Statistics
- Common Fremont Bicycle Accident Injuries
- What to Do After a Bicycle Accident in Fremont
- What Is the Statute of Limitations in Bicycle Accident Cases?
- How is Liability Proven in California Bicycle Accident Cases?
- How Long Do You Have to File a Bicycle Accident Claim in Fremont?
- How to File a Fremont Bicycle Accident Claim
- Contact Our Fremont Bicycle Accident Attorneys Today
Why Do You Need an Attorney for This Case?
An attorney is going to be an invaluable asset if you have sustained an injury in a bicycle crash caused by another party. An attorney has the resources and legal expertise necessary to stand up to aggressive insurance carriers and at-fault parties. An attorney can:
- Conduct a complete investigation into the Fremont bicycle accident case to determine the liability of the other parties involved.
- Work with trusted economic and financial experts to help calculate your total losses in order to begin negotiations.
- Negotiate with aggressive insurance carriers while attempting an out of court settlement, but also prepare the case for a full jury trial if necessary.
Understanding Fremont Bicycle Accident Statistics
According to data available from the California Office of Traffic Safety, we can see that there were well over 11,000 total bicycle accident injuries and 155 bicyclist fatalities during the latest reporting year. Bicycle accident injuries occur in a variety of ways in and around Fremont. Our Fremont personal injury lawyers regularly determine that these accidents are caused by passenger vehicle drivers:
- Failing to yield the right of way to bicyclists
- Following bicyclists too closely
- Operating while distracted by phones or other devices
- Operating while impaired by alcohol or drugs
- Passing bicyclists recklessly
- Failing to stop at traffic signals or stop signs
Common Bicycle Accident Injuries
The unfortunate reality is that bicyclists have very little protection from the force of a vehicle slamming into them. Additionally, when a bicyclist is struck by a vehicle, they typically endure two impacts – one with the vehicle and the other with the ground. At Walkup, Melodia, Kelly & Schoenberger, it is not uncommon for our Fremont bicycle accident attorneys to help clients who have sustained the following:
- Broken or dislocated bones
- Lacerations or road rash
- Internal organ damage
- Internal bleeding
- Traumatic brain injuries
- Open head wounds
- Spinal cord injuries
- Other severe back or neck injury
- Crush injuries
- Significant scarring and disfigurement
What to Do After a Bicycle Accident in Fremont
There are various steps that bicycle accident victims can take after a collision occurs, and the first one must be to seek medical care. Even if the injuries seem relatively minor, it is crucial for a bicycle crash victim to let a doctor conduct a complete evaluation. This establishes a direct link between the crash and any injuries, and it also ensures that the victim is properly cared for as soon as possible.
If a bicycle accident victim or someone they know is able to do so, use a smartphone at the scene of the crash to gather as much evidence as possible. This can include taking photographs of vehicle damage, the damaged bicycle, any injuries, debris around the scene, and more. Additionally, the names and contact information of any eyewitnesses should be obtained along with the name, driver’s license number, and insurance information of the other driver.
After a crash occurs, a crash victim should contact a Fremont bicycle accident attorney as soon as possible. An attorney can get involved early, help obtain and preserve evidence, and get to work on handling negotiations with insurance carriers.
What Is the Statute of Limitations in Bicycle Accident Cases?
It is crucial for any bicycle crash victim in Fremont to know that they have a limited amount of time to file these claims. First, insurance carriers have strict reporting deadlines in place, often a day or two after an incident occurs. Failing to file a claim quickly with the respective insurance carriers could result in the claim being delayed or denied altogether.
Additionally, the personal injury statute of limitations in California is two years from the date an injury occurs. This gives a bicycle crash victim in Fremont a two-year window with which to file a lawsuit against the alleged negligent driver.
How is Liability Proven in California Bicycle Accident Cases?
Determining liability after a Fremont bicycle crash can be challenging, but it will typically rely on all of the evidence that has been gathered pertaining to the case. This includes all the evidence mentioned above, including photographs taken at the scene of the crash as well as statements from eyewitnesses and others involved.
Additionally, an attorney will work to gather any other evidence that could be used to prove liability. This could include video surveillance from nearby homes or businesses. This will also include the police report pertaining to the accident. The goal here will be to prove that the other driver involved failed to uphold their duty to others on the roadway by operating their vehicle negligently. Some of the most common negligent actions of drivers in Fremont that lead to bicycle accidents include the following:
- Failing to yield the right of way
- Following a bicyclist too closely
- Recklessly passing a bicyclist on the roadway
- Operating while distracted by a phone or another device
- Operating while impaired by alcohol or drugs
How Long Do You Have to File a Bicycle Accident Claim in Fremont?
If you have been injured in a bicycle accident in Fremont, you have a limited amount of time to file a lawsuit against the alleged negligent party. The California personal injury statute of limitations is two years from the date the injury occurred. This means that Fremont bicycle accident victims have a two-year window with which to file a lawsuit against the person who caused the crash, or they will not be able to recover the compensation they deserve.
How to File a Bicycle Accident Claim
If you or a loved one have been involved in a bicycle accident, your first step towards filing a claim needs to be calling 911 or the non-emergency police line and ensuring that the police come to the scene and fill out an accident report. The accident report is going to be a crucial part of this entire process.
You will want to call your insurance carrier as soon as possible to report the incident. Even though you are the victim, you still need to report the incident and let your insurance carrier contact the insurance carrier of the at-fault driver.
At this point, you really do need to speak to a skilled Fremont bicycle accident lawyer who has experience handling these claims. You can be sure that the insurance carrier for the at-fault party will do anything they can to discredit your version of events to try to make sure that they do not have to pay out the compensation you deserve. An attorney can handle all communication with other parties, which includes negotiations over fair compensation on your behalf.
Contact Our Fremont Bicycle Accident Attorneys Today
If you or somebody you care about has been injured in a bicycle accident caused by the actions of another driver, contact the team at Walkup, Melodia, Kelly & Schoenberger. We will investigate every aspect of your claim so we can secure full compensation for your losses. Our Fremont bicycle accident lawyers are standing by to help you today. You can contact us for a free consultation of your case by clicking here or calling (415) 889-2919.