Paceline Law Bicycle Injury Lawyer helps anyone that’s been injured in a bicycle accident in California. There’s a lot of potential injuries you may have to deal with, but one of the most common is whiplash. While it’s common and can range from mild to serious, our team can support you as you get better. Contact us today for a free consultation.
Should You Get a Lawyer?
You don’t technically need a lawyer when you suffer whiplash in a bicycle accident. In fact, in the event that your whiplash injuries are minor, you probably don’t need to worry about the legal process at all. But with whiplash, you never really know how serious it is. Your head and neck are obviously pretty vulnerable, and it can mean long-lasting problems. If that’s the case, you probably should think about working with my team. Here’s what we can do for you:
- Figuring out who caused the accident.
- Gathering and going over evidence.
- Speaking with witnesses and experts.
- Handling communication with the other party’s insurance.
- Working to get a fair settlement or court decision.
Whiplash injuries from bicycle accidents can lead to serious pain and long recovery periods. Managing a claim on top of everything else can feel overwhelming, so we handle these steps for you, letting you focus on getting better.
What Whiplash Injuries Result From a Bicycle Accident?
It’s not hard to see how a bicycle accident can leave you facing whiplash injuries. Whiplash is a common injury in bicycle accidents because of the sudden, forceful impact. When you’re hit or jolted, your head and neck can snap forward or backward, causing strain in your neck. While whiplash happens at the time of the crash, its effects can last much longer. According to the Cleveland Clinic, problems that come with whiplash include:
- Neck pain – Usually the most common issue is that your neck will feel stiff or sore, sometimes severely. With that, turning or moving your neck can become difficult.
- Headaches – Headaches are another symptom of whiplash because of the muscle strain or nerve irritation from the impact.
- Dizziness – Whiplash can also cause dizziness or spinning sensations.
- Shoulder and upper back pain – Depending on how serious your whiplash is, you might feel pain in your shoulders, upper back, or even arms. Sometimes it can even lead to tingling or a numb feeling in your arms or hands.
After a bicycle accident, it’s important to see a doctor right away. Injuries like whiplash might not show up immediately, and quick treatment can give you a better idea of how bad it is. Still, in some cases, pain lingers for months or even years. This means changes to your life that you’ll have to deal with.
What Damages Can You Get in an Injury Claim After a Bicycle Accident?
Whiplash is just one of several injuries you could be facing after a bicycle accident. The problem with whiplash and other injuries is that it means medical care, possible missed work, and other potential long-term issues that will cause damage.
The law tries to take this into account by giving you legal rights–the main one of which is filing an injury claim. To do this, you can either file an insurance claim or file a personal injury lawsuit to recover “damages” from whoever was at fault.
The damages you can recover depend on the specific injuries and losses you’ve experienced, not just physically but also mentally and emotionally. In most cases, you can potential recover things like:
- Medical and treatment costs
- Physical therapy expenses
- Lost wages from missed work
- Pain and suffering
- Emotional distress
- Loss of companionship or diminished enjoyment of life
- Funeral or other expenses in cases of wrongful death
These are general categories, and what you can actually recover depends on how strong your case is. Keep in mind, in California, you have two years from the accident date to file your claim. Missing this deadline means you’ll lose the right to even file a claim for damages.
Who Pays For Your Damages in a Claim?
Even with legal options, probably the most important part of the entire process is figuring out who has to pay for your damages. This effectively sets the course of how your claim will play out, and how much financial support you’re able to get so you can heal. At the same time though, it’s not always simple.
Generally speaking, paying for your damages is known in legal terms as “liability.” And the key to liability is showing “negligence.” This just means that someone acted without reasonable care, leading to the accident and your whiplash or other injuries.
Liability could fall on any or multiple of the following:
- Drivers – Drivers are usually the ones who are at least partially responsible when you’re injured in a bicycle accident. This can happen when they fail to share the road safely, drive distracted, speed, or act carelessly.
- Government agencies – If poor road maintenance or missing signs contribute to the accident, the city, county or state government may be responsible because they’re in charge of keeping the road safe.
- Bicycle manufacturers – If a defect in the bike or its parts causes the accident, the manufacturer or retailer could be liable. This is somewhat rare, though.
- Pedestrians or other cyclists – Careless actions by pedestrians or other cyclists, like crossing without looking or sudden movements, can lead to accidents, making them potentially liable.
In California, injury law uses a “comparative negligence” rule. This means that even if you were partly responsible for a bicycle accident, you can still get damages. However, your damages will be reduced based on how much of the accident was your fault. Regardless, working with our team can protect your rights and make sure your claim remains strong.
Free Consultations For Whiplash Injury Victims After California Bicycle Accidents
Whiplash is just one of several injuries you could be facing when you’re hurt in a bicycle accident. My firm, Paceline Law Bicycle Injury Lawyer, knows how to help people in your situation. The legal process is there for you, and my team will be there also to guide and support you. If you’re experiencing injuries like whiplash after a bicycle accident, contact us today for a free consultation.
