Understanding Bicycle Accident Reconstruction in Orange County

When bicycle riders are injured in a collision with a pedestrian or motor vehicle, they often suffer severe injuries due to the great exposure and risk level. Unfortunately, many involved parties, like insurance agencies and reporting police officers, have less knowledge of the aspects of bicycle accidents than common vehicle accidents, making it hard for injured bicyclists to understand their rights.

Bicycle accident reconstruction in Orange County is a way for you to protect your rights and seek compensation for your damages after a life-altering accident. Read on to learn what a bicycle accident reconstructionist is, how they can develop your case, and how the accident reconstruction process will work.

What Is Bicycle Accident Reconstruction Litigation?

Accident reconstruction litigation brings in a bike accident forensic engineering professional to examine the physical evidence surrounding the incident with further knowledge on cyclist safety. Forensic engineers can analyze different things like the following:

  • The accident scene: An accident reconstructionist can evaluate the location where the crash occurred, any evidence on the roadway (like tire marks), the speed limit, existing road conditions (like potholes), environmental factors, and more to determine what happened.
  • Traffic signals: When analyzing the crash location, the reconstructionist will also consider the existing traffic patterns, bike lanes, pedestrian crosswalks, and signals to locate any wrongdoings.
  • Bicycle components: Reconstructionists have forensic engineering experience and can use this knowledge to examine the bike and any involved vehicles for evidence. For example, they might locate a bend in the bicycle wheel corresponding to paint damage on the car to find where the impact occurred. This level of analysis can provide much deeper insight into the bicycle accident investigation, allowing involved parties to determine fault correctly.
  • Human factors: Reconstructionists also examine and consider how cyclists may have contributed to crashes. For example, they can view metrics on athletic and transportation devices to understand their cognitive awareness of the riding situation, how well they can control the bike, their speed, and more. Another factor in this portion of the investigation may include whether or not the rider wore a helmet.

Reconstruction professionals for bicyclists use the above tactics to understand how the accident happened and who was responsible. As a cyclist, you and your bicycle accident attorney can use this supporting information to testify in court.

Your Rights as a Bicyclist in Orange County, CA

Understanding whether or not you share similar rights with pedestrians or automobiles can feel confusing as a rider. California law requires that bicycles meet all the same road rights and responsibilities as automobiles. According to Vehicle Code 21200, as a rider, you share the same legal rights and responsibilities as a vehicle driver.

How a Bicycle Accident Reconstruction Professional Can Strengthen Your Case

Riding a bicycle around pedestrians or motor vehicles can pose great physical, financial, and legal risks. While riding, your body remains exposed like any other pedestrian crossing the street, though you must follow the same laws as drivers in protected vehicles. After vehicle or pedestrian accidents, you need a thorough analysis to protect your rights.

Because Orange County reconstructionists have ample knowledge and experience in bicycles, bicycle safety, accidents, and California law, they can locate evidence that might have gone unnoticed. Additionally, your reconstructionist can work with your bicycle accident attorney to develop a case that helps you seek compensation.

Police officers reporting on the crash location often lack knowledge of bicycles to create accurate reports reflecting your rights. A reconstructionist can further examine the location and details to help you fight for compensation.

How the Process of Reconstruction in Bicycle Accidents Works

Understanding the steps following an accident in California can help you prepare accordingly. The basic legal process involving reconstruction includes the following steps.

Determining Fault

Your legal team will investigate your case’s details to determine and prove liability. Liable parties might include any drivers or a government entity if poor roadway conditions at the location caused the crash. If you assume partial liability for the accident, you may still seek a percentage of compensation.

Examining Insurance Coverage

Your reconstructionist and bicycle accident attorney will also examine all involved parties’ insurance policies to locate potential claim information. The location of policy limitations will help you form your case strategy.

Compiling Records

Next, your legal team will gather all associated documents that prove liability and damages. Such records may include evidence, medical bills, property damage estimates, future treatment cost requirements, diagnoses, and missed wages. Be sure to attend all recommended medical treatments to protect your physical safety and case outcome.

Filing Claims

After gathering all information, your lawyer can submit a claim with the responsible party’s insurance company. After filing, the insurance company will send either a claim denial or a settlement offer. Depending on the written details on the page, your legal team may negotiate the settlement further and accept it or escalate the case by filing a lawsuit.

Filing Lawsuits

Most of the time, insurance companies will not offer large settlements for claims. In such cases, you can file a lawsuit to seek compensation against the liable party.

Navigating Discovery

After filing a lawsuit, you will begin the discovery process, where all parties enter their supplementing documents and statements. You may need to undergo an additional physical exam at the other party’s location of choice.

Settling or Going to Trial

Lawsuits either end with settling outside of court or fighting the case in court. You may mediate the dispute with an offer, or you may need to escalate further with an official trial. Few cases make it to this step, though your experienced legal team will be ready to support your case.

Contact an Experienced Bicycle Accident Attorney Today

Now that you understand the process for bicycle accident reconstruction in Orange County, you can protect your rights as a rider. If you are in an accident with an automobile or pedestrian, contact Khalil Law Group in Orange County, CA, at (714) 617-7870 for a free consultation with one of our experienced lawyers.