CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Dedicated To The Pursuit Of Justice since 1947

San Diego bicycle accident attorneys answer frequently asked questions about bicycle accident injuries

PRACTICE GROUPS

What actions do Casey Gerry's bicycle accident attorneys take in handling a case?
The first step to take for a Casey Gerry attorney in evaluating a new bicycle accident case is always to obtain a thorough investigation of the case by our in-house investigation department. Our investigators will even meet with the clients in their homes, throughout Southern California wherever they may live, to start the process in a comfortable setting. This allows Casey Gerry's bicycle collision lawyers to be more knowledgeable about the potential case when we meet with an injured party.

Do Casey Gerry bicycle accident attorneys work with insurance companies?
We work with the insurance companies for all responsible parties, and also secure all information necessary both from expert witnesses and from medical providers in order to properly pursue your civil claim.

Can a Casey Gerry bicycle accident attorney help me claim compensation for loss of earning capacity if I am injured in a bicycle collision as a result of another person's negligence?
Casey Gerry's bicycle accident attorneys will help you with your right to make a recovery for your loss of earnings or loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work. In most cases, we do not want to resolve your case until your recovery is full, permanent and stable, and you have returned to work. You and your bicycle accident attorney will only be able to evaluate your loss of earning capacity when you have completely recovered or stabilized.

If a dangerous roadway contributed to my bicycle accident, can Casey Gerry take on roadway design cases?
Casey Gerry has extensive experience in highway design cases, and if such a claim is warranted, the firm is able to take it on.

How frequent are bicycle injuries and fatalities in the U.S.?
  The National Centers for Disease Control reports that each year, more than 500,000 people in the US are treated in emergency departments for bicycle-related injuries. More than 700 people die as a result of bicycle-related injuries.

What causes bicycle crashes?
Vehicle drivers' errors or inattention are the most frequent cause of bicycle crashes. Loose gravel on the road or rain-slicked surfaces frequently contribute to crashes. Speed increases risk; cyclists are more likely to sustain serious injury when they are riding fast. Doing stunts on your bicycles also increases the odds of accidents and injury.

How can bicyclists protect themselves?
The simplest and most effective protection is to wear a helmet. Helmets reduce the number of deaths and traumatic brain injuries, and they reduce overall medical costs.

How important are preventive tactics?
Wearing a helmet will not prevent you from being hit by a vehicle. The essential practice of safe bicycling is to be as predictable and as conspicuous as possible so that motorists always know you are there and can predict what you are going to do.

Should bicyclists ride with the traffic, or against the traffic?
The Pedestrian and Bicycle Information Center of the University of North Carolina Highway Safety Research Center advises that bicyclists should ride with traffic. By riding against traffic -- especially on the sidewalk -- you make yourself almost invisible to motorists turning at intersections and driveways who may not be expecting or looking for road users coming from your direction. Indeed, as many as one in four bicycle/motor vehicle collisions involve a rider who is either riding against traffic and/or riding on the sidewalk.

How can I be sure that my bike is safe?
The American Academy of Family Physicians recommends that you check your bicycle frequently to make sure that all parts are working right. Before you ride, check the brakes to see that they're working. Look for loose or broken parts on your bike, and remove them. Use your lights and be sure you have reflectors; especially in the dark, they make you much more visible to drivers.

Can I carry a child on my bicycle?
A child riding with you always needs to wear a helmet, and you should use a special seat that fits behind the main seat. The bike should have spoke guards to prevent the child's feet from getting caught in the spokes.

What is the most dangerous time for bicyclists?
Night is the most dangerous time, because visibility is reduced. Thirty-six per cent of bicycle fatal injuries occur between 6pm and midnight.

How can I protect myself when I'm biking at night?
Every bicyclist should have a headlamp, preferably the newer LED models, which have a brighter light and draw less power from batteries. Every bicyclist should also have a blinking red rear light. In addition, cyclists traveling at dusk or in the dark should wear a reflective vest with the SMV (slow moving vehicle) triangle on it. Bicyclists' clothing should be bright colored, with reflective strips, to increase visibility to drivers.

If a dangerous roadway condition or a hazardous intersection contributed to my bicycle accident, can Casey Gerry take on my case?
Casey Gerry has extensive experience for over 60 years in highway design cases. If our bicycle injury attorneys take on your case, they will thoroughly evaluate a possible highway design claim.

As a bicycle rider in California, what are my responsibilities and rights?
California law views bicyclists as having the same rights and responsibilities as the operators of cars and trucks. The California Vehicle Code governs bicycle riders, and the police deal with bicycle accidents by the same procedures as they use for motor vehicle accidents.

After a bicycle crash, what resources will I have to pay my medical expenses?
Many people will have insurance that will help pay medical bills, either through their health insurance or through the healthcare or the uninsured motorist provision in their automobile insurance policy. These are called first party benefits, and they are the usual first resource for payment for medical expenses related to a bicycle injury. At Casey Gerry our bicycle accident lawyers ask our clients to bring in copies of all their policies so that we can determine their rights of recovery under all policies that may apply.

If my insurance company pays some of my medical bills after a bicycle accident, when I make a recovery will they be entitled to reimbursement?
Most insurance policies have a contractual provision stipulating that the insurance company has a right to seek recovery for reimbursement. At the conclusion of your case Casey Gerry bicycle accident lawyers will negotiate the best possible terms with your insurance company for reimbursement from the proceeds of your case.

CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP