Irvine Bicycle Accident Lawyer

California Personal Injury Attorneys Dedicated to Protecting Your Legal Rights

Neale & Fhima: Safeguarding Clients’ Interests for Over Four Decades

Bicycles provide no physical protection, so riders are highly susceptible to serious injury and even death in the event of an accident. Survivors of bicycle crashes may be left facing large medical and rehabilitation expenses at a time they may be unable to work, and their lives may never be the same.

If you or a loved one was injured or someone has died in a bicycle accident that was due to someone else’s negligence or fault, you may be entitled to compensation through insurance or a personal injury lawsuit. However, California laws are complicated; insurance companies and their lawyers will try to get you to settle for the lowest amount possible or even make it seem as if the accident was your fault, so it is difficult to fight for compensation on your own.

Fortunately, there is help available from an experienced personal injury lawyer who knows how to handle bicycle accident claims. With over 40 years of combined legal experience, the attorneys at Neale & Fhima APC have helped thousands of clients win cases in California. Working from offices in Irvine, Dana Point, San Diego, San Francisco, and Los Angeles, we are dedicated to providing excellent legal representation to people who have suffered injuries due to the negligence of other parties, and those who have lost loved ones to traumatic accidents.

Our Bicycle Attorneys Help Victims Win Compensation

Why Choose Us

Bicycle accident cases are complicated and injuries often severe, so it is important to find an attorney you are not only comfortable with but who has the experience and resources needed to win optimum compensation. Here are some reasons why we believe you should choose Neale & Fhima to advocate for you:

• We are experienced. Our attorneys have over 40 years of combined litigation experience. Attorney Aaron Fhima is an aggressive personal injury attorney who garnered a reputation as a tough negotiator and litigator and recovered  million for his clients..
• With a 99% success rate, we get results for our clients and have recovered in excess of $50,000,000 for our clients’ injuries and losses. You can read testimonials from those we have helped.
• Our achievements have earned us numerous firm and individual credentials, including The Top 40 Under 40, Super Lawyer, Rising Star, Best Attorneys of America, and Million Dollar Advocates Forum, the most prestigious group of trial lawyers in the United States.
• We put our clients’ needs above all else, and law firm owner, Aaron Fhima, is personally involved in every single claim.
• We deal and negotiate with insurance companies, so you won’t have to.
• We offer free initial, no-obligation consultations to get you started.

How Our Bicycle Accident Lawyers Work for You

Bicycle accidents require careful investigation, and evidence can evaporate quickly, so the sooner you have an attorney working on your behalf, the better. When you retain Neale & Fhima, we immediately start working to build your case. We will:

• Meet with you to discuss how the bicycle accident happened and who the at-fault parties may be
• Evaluate your damages and estimate what your case may be worth
• Investigate the accident scene to gather and preserve evidence, such as from traffic videos and photographs, from police, ambulance, and medical records and reports, and from interviews with witnesses and first responders
• Hire experts to reconstruct the accident and determine fault, and experts to testify as to the costs and extent of your injuries and the effects on your life into the future
• Deal and negotiate with insurance companies and their attorneys for a fair settlement
• Build your case and take it to court if necessary.

We provide experienced and aggressive legal representation for personal injury and lemon law claims throughout California, fighting for the compensation our clients deserve.

Bicycle Accident Lawyer in Irvine Must Prove Negligence

Proving that another party or parties, (the defendants in the case) were negligent and at fault for causing the accident that resulted in your injuries is essential to winning your bicycle accident case. At the same time, insurance companies and opposition attorneys will try to prove that you were negligent and did something to cause or contribute to the accident. Our attorneys are aware of this and will be prepared to counter their arguments by conducting careful investigations and gathering and preserving evidence.

To prove negligence legally, the following elements must be established:

• Duty: The defendant owed you a duty of care not to cause harm
• Breach: The defendant breached this duty by actions or failure to act
• Cause: This breach resulted in the accident that caused your injuries
• Damage: You suffered actual damages as a result.

According to Section 21200 of the California Vehicle Code, bicyclists have the same rights and responsibilities as drivers of motor vehicles, including not driving under the influence, giving pedestrians the right-of-way, and obeying traffic signals. In addition, there are special rules motorists must follow, such as giving cyclists at least three feet of space when driving alongside or passing them.

Cyclists must ride with the flow of vehicle traffic unless passing, making a legal left turn, riding on a one-way street, riding on a road that is too narrow, or when the right side of the road is closed due to road construction. If there are designated bicycle lanes, cyclists must use them unless they are making a left turn, passing, avoiding hazards, or approaching an authorized right turn.

Cyclists have the right to completely take a lane, even if they are moving slower than traffic in the following circumstances:

• When passing
• When preparing for a left turn
• When avoiding hazards in the roadway
• When a lane is too narrow to share
• When approaching a place where a right turn is authorized.

Violations of the rules of the road by both bicyclists and motorists are considered negligence so, depending on the situation, either party could be legally at fault for an accident or found to contribute to the accident. In addition, there may be other parties who may have done something to cause or contribute to the accident. Some examples are:

• A municipality or road repair company that failed to properly make repairs, warn of dangerous conditions, or left debris in the road.
• The manufacturer of a vehicle or the bicycle or its parts if these were defective, failed, and caused the crash.

All potentially liable parties should be named as defendants in the lawsuit, as they all may have insurance and assets that can go toward a settlement.

Damages Our Irvine Bicycle Accident Attorney May Recover

When another party is found to be negligent, they can be held liable for the damages that result. In a successful bicycle accident personal injury case, you may receive an award, also called damages, as compensation for your losses.

California allows the recovery of compensatory damages that pay you for both your economic damages and non-economic damages.

• Economic damages include monetary losses, such as medical and rehabilitation costs, lost income from being unable to work, and property loss, such as the cost of a wrecked bicycle.
• Non-economic damages do not have a specific dollar value but negatively affect your life.  These may include pain and suffering, emotional distress, disability or disfigurement, loss of consortium, and loss of enjoyment of life.

California does not limit the amount of compensatory economic or non-economic damages that you can recover in personal injury cases, except for California medical malpractice, which caps at $250,000 on pain and suffering and other non-economic damages.

Punitive damages. In some rare cases, when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, you may also be awarded punitive damages, also called exemplary damages in California (section 3294). California law requires that the court take three factors into consideration when evaluating claims for punitive damage awards:

1. Reprehensibility of the defendant’s conduct
2. The amount of compensatory damages awarded or actual harm suffered by the plaintiff
3. The defendant’s financial condition.

Bicycle Accident Attorneys in Irvine Answer Frequently Asked Questions

After a serious bicycle accident, you may be confused and have many questions. These can best be addressed at your free initial consultation, but to get started, here are some answers to questions our attorneys are often asked:

What Are the Amounts of Damage Awards for Bicycle Accidents?

There is a wide range of damage amounts that you may receive in a successful bicycle accident lawsuit, from thousands to millions of dollars. The amount you will be awarded depends on the individual factors and circumstances of your case such as the degree of fault, the extent and permanence of your injuries, the costs involved, and the skill and negotiating power of your attorney.

Will car insurance cover my accident?

Your car insurance will not cover a bicycle accident, but the other motorist’s insurance will cover some costs up to the limits of the policy, if you are in an accident with a motor vehicle. California requires all motor vehicle drivers to obtain a minimum amount of insurance coverage, including $15,000 per person, $30,000 per incident, and $5,000 for property damage. However, motor vehicle drivers in Orange County and Irvine generally have higher limits of insurance to compensate you for your injuries.

What if I was partially at fault for the accident?

If you are partially at fault for the accident, you can still get a partial settlement. California considers pure comparative negligence, where each person is liable for the portion of the damages that they are at fault.  For example, if you are 25 percent at fault, and the other party is found to be 75 percent at fault, that party only has to pay 75 percent of the damages.

What if My Loved One Was Killed by a Motorist While Cycling?

California’s wrongful death laws section 377.60 allow surviving family members to file claims to receive compensation if someone’s negligent actions result in the death of their loved one. Damages may include:

• Medical bills for the care of the deceased right before death
• Funeral, and burial expenses
• Amount of money the deceased reasonably would have earned had he or she remained alive
• Loss of financial support, companionship, affection, etc.

How long will it take to settle my case?

The amount of time it takes to settle your case can vary greatly. In cases, when fault is clear and medical treatment has been complete, the insurance companies are willing to negotiate and the cases can settle in weeks. Other cases, such as when there are multiple defendants or very serious injuries, can take a more time to resolve. It may take months or longer to settle, especially if the case goes to trial.

When you have the Neale & Fhima legal team working for you, we will be there to answer your questions and address your concerns throughout the entire legal process.  We will always keep you informed on the progress of your case.