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And getting our clients the compensation they deserve
We serve bicycle accident victims in Oceanside and throughout San Diego County
When a bicyclist is injured in a traffic accident, the circumstances of the accident need to be carefully examined in order to determine the accident’s cause.
Oftentimes, bicycle accidents here in Oceanside are the result of driver, negligence whether it is inattention to the road, or blatant disregard for traffic laws such as when motorists choose to travel at speed limits greater than those posted or do not adhere to traffic signage, or the exhibition of some other reckless behavior that increases the odds of accident and injury.
Motorists are not always responsible for causing accidents; bicyclists may also be guilty of reckless driving practice that causes accidents. However, the vast majority of accidents involving bicyclists and other pedal cyclists in and around Oceanside result from some form of negligence.
And when negligence is involved – unless it’s your own – you deserve to be compensated for your losses.
2. Past and current medical bills: If you were seriously injured in an auto accident, or even if you only suffered minor injuries, you are entitled to full compensation.
3. Future medical bills: You may not be fully healed, or you may have injuries that have long-term effects that need ongoing medical treatment. We are well-versed on what those may be and what their potential value is. We’ll fight for these for you.
4. Current and past lost wages: If you could not work because of your injuries, you are entitled to seek recovery for any and all lost wages.
5. Future lost wages: While ongoing lost wages are easy to calculate, future lost wages are not. Will you be able to work next month or next year? It’s not always easy to predict. We know how to get you the maximum amount you are entitled to.
6. Pain and suffering: This is not easy to put a value on, but here again you are entitled to compensation for any pain and suffering you have to endure as a result of your car accident whether it be physical or mental. We will seek to recover money for all the pain and suffering you have already endured, and that which you may have to endure in the future.
According to the National Highway Traffic Safety Administration, 2013 saw a total of 743 pedal cyclists (those individuals riding a pedal-powered vehicle) die in traffic accidents. Bicyclists made up a large majority of those killed, as they face the daunting task of having to contend with reckless, inattentive motorists on a daily basis.
While bicyclists must abide by the same traffic laws that motorists do, motorists tend to disregard bicyclists as fellow travelers, often failing to yield to cyclists for the simple fact that the motorists either did not see the bicyclist, or the bicyclist simply did not warrant enough respect from the motorists due to the lack of threat that a cyclist poses to any, even smaller, automobile.
Bicyclists are afforded every right to be present on California roads and highways as any other commuter is. However, due to the diminutive size of bicycles in comparison to automobiles, many motorists do not even notice bicyclists in neighboring traffic lanes or give them any sort of right away while setting themselves up to make right-hand turns.
As of September 16, 2014, California enacted the “Three Feet for Safety Act” designed to make bicyclists safer by requiring motorists to give bicyclists three feet of clearance while passing.
Though helmets do help prevent fatalities, they do nothing to protect the body of a bicyclist. Unfortunately, most bike accident victims leave the scene of the accident in an ambulance.
Once they have received medical treatment, they should consult with a bike accident attorney like the Elia Law Firm, APC here in San Diego to find out their legal rights. Given the many financial and emotional costs of an injury and the expensive medical treatment that follows, it often makes sense for the victim to file a personal injury lawsuit in court and seek financial compensation from the negligent party for their injuries.
It is in your best interests to enlist the aid of a skilled personal injury lawyer in
Oceanside who has a thorough understanding of traffic laws and road regulations as they affect bicycle riders and who can examine the details of the accident to determine where negligence should be attributed.
A tough bicycle accident attorney will civilly prosecute the negligent party to hold them held accountable for their actions and will seek compensatory damages on your behalf to help cover the costs associated with your accident such as medical bills and physical therapy fees.
The personal injury attorneys here at the Elia Law Firm are experts in the field of bicycle accidents and are committed to our clients’ rights and health. We stand up for clients in court and help them win the compensation they deserve. We also like to boast that we obtain a monetary recovery for our personal injury clients over 95% of the time.
We have some of the toughest bicycle accident lawyers in the state of California right here at the Elia Law Firm. We are committed to justice for cycling accident victims and fight tenaciously for their rights to see that they get what they deserve. We will hold the negligent accountable on your behalf.
So don’t stand back and take a token settlement or do nothing. And don’t delay – you may have limited time to retain an attorney and file a civil lawsuit.
The sooner we go to work, the sooner you can pay for the medical attention you need. Delay too long and you may void your case entirely.
The value of your case depends on many factors. Every Oceanside bicycle accident case is different. One factor is the nature and extent of your injury. Some people heal faster than others. One person may heal in a week, while another may take six months, a year, or may never heal from the injury. Another factor is the amount of your medical bills, future medical bills and lost earnings, etc. Contact our office at (619) 444-2244 for accurate advice on the value of your case.
Our office works with a variety of doctors in the Oceanside who can provide immediate medical treatment and defer payment until the case is finished.
You pay us only IF we recover compensation for you through a settlement with the insurance company or a verdict through the court. If we do not recover compensation for you, you do NOT have to pay us for our time.
This depends on the extent of your injury. Typically, a Oceanside personal injury case takes anywhere from two to eight months. Sometimes, cases take longer if they are more complex or if a lawsuit is filed. See our personal injury lawsuit timeline page for all the details on how long your case may take.
Not necessarily. Sometimes you are far better off without filing a lawsuit. Our San Diego personal injury law office typically files a claim with the at-fault party’s insurance company, if any. We then attempt to negotiate with the insurance company. If you are dissatisfied with the insurance company’s offer, we may decide to file a lawsuit.
Putting a monetary value to each of those is what bicycle accident attorneys do for their clients, and then we fight hard to attain you what you deserve. As in all Oceanside personal injury cases, you are up against a behemoth in the insurance company which does not have your best interests in mind. They goal is to pay you as little as possible, and you are at a disadvantage if you try to take them on yourself. There is no need. That’s what we are here for. Let us fight the battle.
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MVA vs. Pedestrian vs. Hit & Run (maximum insurance policy limits obtained)
Settlement for a rear end car crash resulting in catastrophic injuries
We are honoring our client’s request not to publish additional facts
Premises Liability
Wrongful death case (limited insurance – multiple claimants)
"Steve Holly, and Garrett are all exceptionally professional people to work with. I had a very serious and complicated Bodily Injury case, where it seemed like there was a new hurdle to overcome every month. I have no doubt that the Elia legal team worked tirelessly on creative solutions, which ultimately led to a victory in the courts. After this case consumed 2 years of my life, I am so relieved to have it over and done with. There are no words that could truly encapsulate my appreciation, and gratitude for this law firm. I would highly recommend this group to anyone in need of their services."
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