Justia Lawyer Rating
badge - Top 100 Trial Lawyers, The National Trial Lawyers
badge - Lead Counsel Rated
badge - Avvo Rating 10, Gregory J. Brod, Top attorney
badge - Super Lawyers

Bicycle Accident With Wrongful Death

Bicycle accidents often result in wrongful death. With only a helmet and a few pieces of protective gear, there is little to protect a cyclist during a collision with a motor vehicle. After a crash, cyclists sustain the most serious injuries and tragically, do not always survive them. When this is the case, family members of the deceased may wish to file a wrongful death lawsuit. When they do, a San Francisco wrongful death attorney can help them with their claim.

Negligence and Bicycle Accidents Resulting in Wrongful Death

Not every fatal bicycle accident provides valid basis for a lawsuit. Only when someone was negligent and caused the accident that resulted in death are family members eligible for compensation.

In California, everyone is expected to act in a manner that keeps themselves and those around them safe. This includes cyclists and motorists. When anyone fails to act in a reasonable and safe manner and causes an accident, the courts may find that person negligent. This can provide the basis for a bicycle accident wrongful death lawsuit.

Motorists and Bicycle Accidents with Wrongful Death

In San Francisco, motorists and bicyclists are considered to have the same rights and responsibilities on the road. Unfortunately, motorists often look for other vehicles and pedestrians, but fail to see bicyclists. This can easily result in an accident.

Any crash with a vehicle can be potentially fatal for the cyclist. There are some types of accidents between motorists and bikes that are more common than others.

When a motorist is making a turn, they often look straight ahead to ensure there is no oncoming traffic. Unfortunately, they often fail to look in the direction they are turning. Cyclists are often right at that point of the turn, and drivers do not see them until it is too late.

Motorists fail to see cyclists more often than just when they are turning, though. Failing to properly check blind spots could result in a vehicle sideswiping a cyclist. Drivers who travel over the speed limit may also approach a cyclist too quickly, and not have enough time to completely stop, rear-ending the cyclist in the process.

Filing a Wrongful Death Claim

In most cases, family members who have lost a loved one due to a bicycle accident simply want to mourn their loss. Filing a wrongful death lawsuit is often the last thing they want to do. However, these civil suits can provide compensation that can help ease the financial burden of the death. This is particularly true when the accident victim brought an income into the household.

The types of damages available in a wrongful death lawsuit include:

  • Medical bills incurred before death
  • Funeral and burial expenses
  • Loss of income
  • Mental anguish or emotional distress from the suffering the death has caused
  • Loss of companionship, guidance, and consortium
Do Not Wait to Speak to a San Francisco Wrongful Death Attorney

In California, surviving family members have only two years from the date of the bicycle accident or death to file a wrongful death lawsuit. When the lawsuit is being filed against a government entity, such as a city bus, that time is reduced to just six months. Family members wishing to seek compensation for their loss should not wait to speak to a wrongful death bicycle accident attorney in San Francisco.

No one should lose a loved one due to someone else’s negligence. If you have, contact the Brod Law Firm today at (800) 427-7020. We know what a difficult time this is, and we just want to help make it a little easier. Call us today for your free consultation and learn more about your options.

Client Reviews
"I am somewhat intimidated by lawyers, however when I met Greg I was immediately at ease. He was compassionate, knowledgeable and extremely easy to talk to. He handled my case professionally and most successfully..." Annette P., Avvo review
"It is difficult for anyone who has not had bedbugs to imagine the extent to which this problem negatively effects every aspect of your life. I contacted Greg Brod, and he was there for us. He listened to our problems..." Ron, Avvo review
"We were extremely happy with the outcome of our specific case, and would absolutely recommend Greg to anyone looking for legal assistance." Celine V., Yelp review
"I was referred to Greg Brod for a car accident I was in and I will now owe the person who referred me, forever." Christine M., Yelp review
"Greg handled our case with a laser-focused determination to right the wrongs we had been forced to endure…Throughout the entire process, we were in constant communication, with Greg always..." America S., Yelp review