The Schenk Law Firm is dedicated to protecting the rights of cyclists who have been injured in accidents. We understand the serious risks cyclists face on the roads and are committed to ensuring that those harmed receive the justice and compensation to which they are entitled. With our extensive experience in bicycle accident cases, we relentlessly pursue the compensation to which you are entitled for medical bills, lost wages, pain and suffering, and more.

Why Choose The Schenk Law Firm?

• Extensive Experience: Our attorneys have successfully represented bicycle accident victims, securing favorable outcomes both in trial and through settlements, ensuring that justice is served. We have the experience needed to handle even the most complex bicycle accident cases. With years of experience handling these cases, we understand the legal complexities involved and have a proven track record of securing millions of dollars in compensation for our clients.
• Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You are not just another case. We take the time to explain your situation and craft a legal strategy that’s tailored to your own needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.
• Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your rightful compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected, holding those at fault responsible for their actions and securing the resources you need to recover for your losses.
• Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
• Compassionate Support: Lawyers in our firm are avid bicycle riders and understand the physical and emotional toll a bicycle accident can take. We provide empathetic support throughout the legal process, keeping you informed and involved in every step of your case.
• No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Cyclists are particularly vulnerable in collisions with automobiles often suffering serious injuries such as broken bones, head trauma, spinal cord injuries, and lacerations, even when wearing proper safety gear.

Bicycle incidents can occur due to a variety of reasons, often involving the negligence of motorists:

• Dooring Incidents: This common problem happens when a driver or passenger opens a car door into the path of an oncoming cyclist, causing a collision. Cyclists may also swerve to avoid the door and crash into other vehicles or objects.
• Left-Hand Turn Incidents: Motorists making left turns may fail to notice or yield to cyclists, resulting in serious collisions. These crashes are particularly dangerous at intersections.
• Right Hook Incidents: When motorists make a right turn without checking for cyclists, they can cut off cyclists traveling in bike lanes or on the right side of the road, leading to serious injuries.
• Hit and Run Incidents: Some drivers flee the scene after striking a cyclist, leaving the injured party without immediate assistance and making it challenging to hold the driver accountable.
• Intersection Incidents: Many bicycle accidents occur at intersections where drivers may fail to yield the right of way or misjudge the cyclist’s speed, leading to collisions.

Steps to Take After a Bicycle Accident

Taking the right steps after a bicycle accident can significantly impact the outcome of your case:

• Ensure Safety: Move to a safe location if possible and check for injuries. As a cyclist, you are particularly vulnerable, so prioritize your safety first.
• Call 911: Report the accident and seek medical assistance if needed. Make sure that a police report is filed, as this will be important for your claim.
• Collect Information: Exchange contact and insurance information with the other driver(s) involved. Take photos of the scene, your bicycle, any vehicle damage, and any visible injuries. If there are witnesses, obtain their contact information as well.
• Seek Medical Attention: Even if you feel fine, get a medical evaluation to document any injuries. Some injuries may not be immediately apparent but can worsen over time.
• Avoid Speaking with Insurance Companies: Refrain from discussing the accident with the other party’s insurance representatives without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
• Contact The Schenk Law Firm: Promptly reach out to our experienced bicycle accident attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Common Bicycle Crash Injuries

The injuries sustained in bicycle accidents can be severe and life-altering, including:

• Bone Fractures: The impact of a collision can cause multiple fractures, requiring surgery, rehabilitation, and sometimes long-term care.
• Traumatic Brain Injury (TBI): Despite wearing helmets, cyclists can suffer from TBIs due to the force of the impact, leading to cognitive impairments, memory loss, and other serious consequences.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring extensive medical treatment and long-term rehabilitation.
• Internal Injuries: The force of a collision can cause internal bleeding or damage to organs, necessitating emergency surgery and ongoing medical care.
• Road Rash: Abrasions caused by the cyclist sliding across the pavement can lead to serious infections, scarring, and painful recovery.
• Limb Amputation: Traumatic loss of arms or legs due to bodily impact with a moving vehicle.
• Wrongful Death: In the tragic event of a fatal bicycle accident, the victim’s family may pursue a wrongful death claim to hold the at-fault party accountable and secure compensation for their loss.

Types of Compensation Available

Victims of bicycle accidents may be entitled to various forms of compensation, including:

• Medical Expenses: Coverage for all current and future medical costs related to the injury, including surgeries, hospital stays, rehabilitation, and necessary medical equipment and assistance with daily living.
• Lost Wages: Compensation for income lost during recovery and any future loss of earning capacity if the injuries result in long-term or permanent disability. This also includes lost benefits and retirement contributions.
• Pain and Suffering: Compensation for the physical pain and emotional distress resulting from the accident, including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and/or emotional distress.
• Property Damage: Reimbursement for damage to the bicycle and any personal items affected by the accident, such as electronics, clothing, or other valuables.
• Loss of Consortium: Compensation for the impact on the victim’s relationship with their spouse or partner, including loss of companionship, affection, and support.
• Punitive Damages: In cases where the at-fault party’s behavior was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

How Long After a Bicycle Accident Do You Have to File a Claim?

In California, the statute of limitations for filing a personal injury claim after a bicycle accident is generally two years from the date of the accident. However, if the at-fault party is a government entity, the timeframe may be shorter, with a six-month deadline to file a claim. Acting quickly is crucial to preserving evidence and protecting your rights. Consulting with an attorney early on is important to ensure all legal deadlines are met, evidence is preserved, and your case is properly prepared.

California’s Comparative Negligence Law

California operates under a “pure comparative fault” system, meaning fault can be shared between parties. The negligent party is responsible for damages proportional to their level of fault in the accident.

California’s comparative negligence law allows you to seek compensation even if you are partially at fault for a bicycle collision. Under our system, your compensation is reduced by the percentage of fault assigned to you.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a bicycle accident claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to calculate the full value of your claim, ensuring that you only accept a settlement that fairly compensates you for your injuries and losses.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the injuries and trauma sustained in a bicycle accident. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion and experience, ensuring that you receive the compensation to which you are entitled.

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