Oxnard Bicycle Accident Lawyer
One of the nice things about living in Oxnard is that year-round, biking is possible–there’s never the worry of snow or icy roads. In fact, biking isn’t only possible, but also very pleasant thanks to Oxnard’s location on California’s coast.
Biking is often a quick way to get to-and-fro, as well as a healthy, low-cost, and environmentally sound option. But while biking may be positive for numerous reasons, it’s also risky, especially in Ventura County, where levels of motor vehicle traffic can be high. If you or a loved one has been involved in an Oxnard bicycle accident, our experienced Oxnard bicycle accident lawyers at the office of Fisher & Talwar can help. We are experienced, compassionate, and knowledgeable. Call us today for your free consultation.
Injuries From A Bicycle Accident
Bicycle accidents are devastating, in large part because a cyclist may have no protections to prevent injuries when struck by a motor vehicle. In the most severe and tragic cases, a motor vehicle may even run over a bicyclist, resulting in (sometimes fatal) crush injuries. As such, there is no limit to the type or severity of bicyclists’ injuries when a crash happens. Common injuries include:
- Head, face, and brain injuries. Especially when a cyclist is not wearing a helmet, the area of the body that may suffer the most damage is the head, face, and brain. External head, face, and scalp injuries are common, as are traumatic brain injuries. Both can result in permanent harm, disability, and scarring.
- Back, neck, and spine injuries. Another part of the body that is at high risk of injury in a cycling crash is the back and neck, including the spine. Bone fractures, back sprains and strains, and, most seriously, spinal cord injuries. Spinal cord injuries can cause permanent paralysis or partial paralysis.
- Injuries to extremities. A cyclist’s arms, hands, fingers, legs, feet, and toes are at a high risk of injury in a crash. Common injuries to extremities are soft tissue injuries, bone fracture injuries, lacerations, bruises, crush injuries, and, in some cases, amputation injuries.
- Internal injuries. If a cyclist is hit with enough force or if they are actually run over with a car, they will likely suffer internal injuries, including internal bleeding, punctured organs, and other damage. These injuries can be fatal.
In addition to the above, a cyclist who is hit by a car will likely suffer psychological injuries. These can be just as disabling as physical injuries in many cases.
Steps To Take After An Oxnard Bike Crash
If you’ve been involved in a bicycle crash in Oxnard, it’s important that you take steps immediately to protect your right to damages. We recommend:
- Reporting the accident to the police immediately. Request a copy of the accident report.
- Gather as much evidence at the scene of the accident as possible, including photos and the driver’s name and information.
- Seek medical care. Be sure to seek medical care immediately after the crash. Follow your doctor’s orders.
- File an insurance claim. Even though you were hit while riding a bike, you should call your car insurance company–you may be covered under a part of your policy, or your insurance company may be able to represent you in bringing forth an action against the responsible driver.
- Call a lawyer as soon as you can. While it may seem like overkill, having an attorney on your side is very important, especially if your injuries are serious.
Examples: 18-Year-Old Cyclist Injured
An 18-year-old female was injured after a car collided with her bicycle on the evening of March 24th, 2013. According to reports, the 53-year-old driver of a 1998 Jaguar struck the woman on her bicycle from behind as she rode in the northbound lane, near the shoulder, of a rural county road. On impact, the rider was thrust backward, onto the Jaguar’s hood and windshield, with enough force to break the windshield and cover the driver with glass. She then rolled off the hood of the car and landed at the intersection of another county road.
According to reports, the woman operated her bicycle without any lights, at night, while wearing dark clothing. Reports also indicate that the driver of the vehicle that struck here neither slowed down nor swerved to avoid the bicyclist, likely because he could not see her. She also was not wearing a helmet — her condition remains unknown. The crash happened just outside Woodland, CA.
Bike Safety Gear Saves Lives
Safety equipment like reflective gear, bicycle lights, helmets, etc. do more than just make a person more visible on the road, they also make it easier for victims of bicycle riding-related accidents to show that it was not their own negligence that caused the injury. In the case above, it is very likely that the driver could not see the rider because of the lack of lighting/reflective gear. Had the woman been wearing safety gear, not only would she have been less likely to be hit, it would have been easier for her to argue after being hit that she did nothing wrong and that full fault for her injuries lies with the driver of the Jaguar.
In many jurisdictions, when a person is partly responsible for his or her own injuries, the amount of monetary compensation that he or she will be able to recover from other involved parties is reduced by an amount to reflect the victim’s part in the injury. For example, victims found to be 25% at fault for causing their own injuries, in many jurisdictions, would be limited to collecting up to 75% of a judgment.
Each case is different, so bicycle injury victims are encouraged to speak with an experienced bicycle accident lawyer to determine what compensation they may be entitled to.
When a person is awarded cash from a civil judgment, it is said that the person has collected “damages”. The word “damages” is another way of saying monetary compensation for the injuries and/or losses sustained. In personal injury cases, damages may include medical expenses, the cost of physical therapy, and, if the victim is unable to work as a direct result of his or her injuries, lost future earnings.
The types of damages that a person will be able to collect will also depend heavily on the specific facts of a case and is something else that an attorney can provide custom-tailored advice and guidance on.
How Our Law Firm Can Support You
Our law firm wants you to know that we are here to work for you. We know how devastating bicycle accidents are, and we will provide support, guidance, and advocacy throughout every step of the process. Our process involves reviewing your case (free of charge), opening an investigation into your accident and damages, identifying the liable party, sending a demand letter for damages, negotiating your settlement, and bringing forth a lawsuit if necessary. We will remain available throughout the entire process, and will always put your best interests first.
Call Our Oxnard Bicycle Accident Lawyers Today
If you have been in a bicycle accident–or have lost a loved one in a bicycle accident–our Oxnard bicycle accident lawyers at the office of Fisher & Talwar are here to lend our support and advocate for you. We have a track record of success and know-how to get results. To schedule your free consultation, please call our law firm directly or use the intake form on our contact page to send us a message telling us more about your accident and injuries.