Los Angeles Bicycle Accident Lawyer

If you are a cyclist you don’t need Los Angeles bicycle accident lawyer Cyrus Shahriari telling you that cycling is becoming more and more popular among all age groups and genders. Cities are scrambling to respond to people’s demands for bike lanes, safer streets, and recognition that a bicyclist has the same rights to the road as a motorist.

Yet just as bicycling increases in popularity, bicycle accidents – or bicycle collisions, the term bicycle advocates prefer – also are increasing.

If you or a loved one suffers serious personal injuries or a wrongful death in a bicycle collision, it is critical that you contact Los Angeles bicycle accident lawyer Cyrus Shahriari as soon as possible. At the very least, take advantage of our free, no-obligation consultation and learn about your legal options.

Prejudice Against Cyclists

It is unfortunate, but the reality is that if you have a bicycle accident the odds are tilted against you. Most people are motorists. Many motorists are biased against cyclists because either the motorist doesn’t know or believe that cyclists have the same rights to the road as a motorist or because the motorist has encountered cyclists who did not obey traffic laws.

There are two biases that are particularly troubling:

  • Police Reports: If you have a bike accident you will want to call the police to have a report taken. Some cities – such as the City of Los Angeles – do not send an officer out to take a report unless someone suffers serious personal injuries or there is a wrongful death.
    • Pros of a Police Report being Taken:
      • Police reports usually provide accurate facts, such as where and when the accident happened and driver and witness information, which is helpful to your bike accident lawyer.
    • Negatives of a Police Report being Taken:
      • If a police report is taken, it is common for police reports to wrongly blame (assign liability) to the cyclist for the bike accident.
      • A police report that wrongly blames the cyclist is often used by the other party’s insurance company to initially deny the accident claim. This just means that as your bike accident attorney we need to prove the driver was at fault.
      • Unless a police officer saw the bike accident, the police report is hearsay and not admissible in court.
  • Bicycle Helmets: In California the law mandates that only cyclists under the age of 18 must wear a bicycle helmet. Whether you are pro or against wearing a helmet, you need to be aware that jurors and judges are often biased against those who do not wear helmets.
How a Los Angeles Bike Accident Lawyer Can Help

Los Angeles bicycle accident lawyer Cyrus Shahriari we will do everything legally possible to obtain compensation for your damages in a bicycle accident. You may be eligible to recover:

  • Medical Expenses, past and future
  • Lost Wages and Benefits, past and future
  • Pain and Suffering
  • Property Damage
  • Funeral Expenses
Uninsured Motorists

If you are hit by a driver without insurance, or without enough insurance, to compensate you for the bike accident they are liable for, your own car insurance may be a source of compensation.

If you have car insurance, you probably have uninsured and under-insured car insurance. If the person who hit you does not have car insurance or not enough car insurance, then the balance of compensation comes from your own insurance.

The law does not permit your insurance company to raise your rates or to cancel you if you collect from your own uninsured motorist insurance.

Determining Fault and Liability

Insurance adjustors can be the nicest people. They have to be. Their job is to pay out as little money as possible for claims. Adjustors negotiate with people like you every day. They have an army of lawyers to back them up.

People who attempt to handle an insurance company on their own often receive low or no compensation from the insurance company. It costs you nothing upfront to retain Los Angeles bike accident lawyer Cyrus Shahriari. Our experience with insurance companies can only benefit you.

As your bike accident lawyer we will begin bringing in experts to investigate your accident. We are familiar with the federal, state, and local laws that may play a part in your obtaining compensation.

We will identify all possible parties for liability and as sources for you to receive compensation for your damages. Sometimes liable parties are not evident. Possible parties that might be all or partially responsible for your damages could include:

  • Driver
  • Employer of the Driver
  • Government Entity if the Cause is Road Design
  • Manufacturer of a Product (bike, car, tires, etc.)
Comparative Liability

In California you could be found partially responsible for a bike accident but still be eligible to receive compensation for your damages.

For instance, if your front light was out and it was dusk and someone hit you, the court could find you 10% responsible and the other driver 90% responsible for the bike accident. If a jury awarded you $100,000 for your damages, the other party would be responsible for 90% of the jury award, or $90,000.

Time Limits and Costs

It is important to contact Los Angeles bike accident lawyer Cyrus Shahriari as soon as possible for two reasons:

  • Statute of Limitations: there are time limits by which time you must take legal action or you lose the right to ever file damages.
  • Accident Investigation: as soon as you let us know about your bike accident, the sooner we can begin an investigation to determine all the parties at fault, contact witnesses, and collect evidence before it disappears.

At The Shahriari Law Firm you pay nothing until your case is resolved. There is no retainer fee. We cover all your costs and you pay nothing until we win your case.

Contact a Bike Accident Lawyer

Learn about your legal options. Los Angeles bike accident lawyer Cyrus Shahriari offers a FREE, no-obligation, confidential consultation. Contact a bike accident lawyer today.

Bicycle Accidents
Frequently Asked Questions

Q:  What should I do if the police report claims I am at fault for the bicycle accident and I’m not?

A: Police reports are often wrong in their conclusions. If the officer did not see the bicycle accident, then they are depending on witness statements and their own understanding — which is often wrong — of the rules of the road as they apply to bicycle accidents. Cyrus Shahriari will lead an investigation into who is liable for your bicycle accident. If the police officer is wrong, that will be revealed during the officer’s deposition.

Q: Do I have a bicycle accident lawsuit if my injuries were cause by a road defect like a crack, pot hole, drainage screen, or uneven surface? 

A: You very well may have a case against the government entity that is responsible for the street. When you sue a a city, state, town, county or other government entity, there is a different statute of limitations by which time you must file a complaint. There also are some different procedures, so it is very important that your bicycle accident attorney is experienced in suing government entities and that you contact bicycle accident lawyer Cyrus Shahriari as soon as possible.

Q: Is it legal for someone to ride an ebike if they only have a California learner’s permit and not a California driver’s license?

A: California Assembly Bill 1096 was passed in 2015. It determined that ebikes must follow the same rules of the road as bicycles and that there are 3 categories of ebikes. You do not need a license plate or a driver’s license for Type 1 or Type 2 ebikes. If you ride a Type 3 ebike, you must be at least 16 years old and wear a helmet, regardless of age. If you’re riding a Type 1 or Type 2 ebike, you don’t need a helmet if you’re age 18 or older.

Q: If I am in a hit-and-run bicycle accident and suffer serious injuries, who do I sue?

A: If there is no one to sue, then you have no case. Don’t jump to that conclusion without talking to bicycle accident lawyer Cyrus Shahriari. There might be others responsible such as a government entity for the road condition. If there isn’t someone else liable and if you have car insurance, you will be covered for your damages by your own Uninsured and Under-Insured Motorist Insurance. If you do have to make a claim against your own insurance, California law does not allow your insurance company to raise your rate because of it. I also urge you to increase your Uninsured and Under-Insured Motorist Insurance as high as the company will permit. It is very inexpensive and could be invaluable if you are in a hit-and-run or hit by a motorist with not enough insurance to cover your damages.

Q: What is my bicycle accident case worth?

A: Every case is different in almost every way. Some of the elments that will determine how much compensation you will receive for your damages Includes:

  • The nature and severity of your injuries and what they mean to you in the future
  • The medical bills you have and any future medical care you may need
  • How much work you lost and how much you might lose in the future because of your injuries
  • How much physical and/or emotional suffering you experienced because of your injuries
  • How good your bicycle accident lawyer is in negotiating with the insurance company in settlement discussions, in mediations, and at trial.