At Kashou Law, APC, we understand that bicycle accidents can result in severe injuries, leading to substantial medical expenses, lost wages, and emotional distress. Our San Diego personal injury law firm is dedicated to advocating for the rights of injured cyclists.
Raised in San Diego, Justin has a personal connection to the community and a profound understanding of the local laws and roadways. Our team is committed to investigating your accident, gathering all necessary evidence, and fighting tirelessly to secure the compensation you deserve. Choosing a smaller firm like Kashou Law means you receive dedicated attention from a San Diego bicycle accident attorney who genuinely cares about your recovery and well-being.
Contact us today to discuss your San Diego bicycle accident case and learn how we can help you achieve the justice and compensation you need to move forward.
Why Kashou Law Should Be Your Choice for Your San Diego Bicycle Accident Claim
Selecting the right legal representation after a bicycle accident is crucial. Here’s why Kashou Law is uniquely equipped to handle your San Diego bicycle accident claim:
- Experience from a San Diego Native: Justin S. Kashou earned his law degree from California Western School of Law after completing his Bachelor’s at the University of San Diego. Justin’s legal career began on the defense side at a prominent insurance defense firm, where he gained invaluable insights into the tactics of insurance where he now effectively counters these tactics for his clients.
- Personalized Attention: At Kashou Law, APC, we understand that each bicycle accident case is unique. Justin personally oversees every case and makes sure that you receive the individualized attention and care you deserve.
- Client-Centered Approach: We prioritize clear communication and transparency, keeping you informed throughout the entire legal process. Our goal is to alleviate the stress and burden on you so you can focus on your recovery.
- Proven Track Record: Our firm has a strong track record of successfully representing clients in bicycle accident cases. The significant settlements and favorable verdicts we have achieved reflect our dedication to achieving the best possible outcomes for our clients.
The Value of Legal Support in a San Diego Bicycle Accident Claim
A San Diego bicycle accident can be a life-altering event. Here’s why the legal support of a qualified lawyer such as Justin S. Kashou is so invaluable:
- Knowledge of Bicycle Accident Laws: Sorting through the laws after a bicycle accident can be complex. Justin S. Kashou understands the intricacies of local and state laws that govern bicycle accidents and interprets and applies these laws to benefit you.
- Thorough Case Investigation: Our legal team will conduct a comprehensive investigation into the circumstances surrounding your accident. This includes gathering evidence such as accident reports, medical records, witness statements, and any available surveillance footage.
- Accurate Valuation of Damages Determining the full extent of your damages is essential for securing fair compensation. We will accurately assess both economic damages and non-economic damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs.
- Litigation Support: If a fair settlement cannot be reached through negotiation, Justin S. Kashou has the legal experience to vigorously advocate for your rights in court.
Right to the Road in a San Diego Bicycle Accident Claim
Cyclists are granted the same rights and responsibilities as motor vehicle drivers. Under California Vehicle Code Section 21200:
“21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application. (2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application. (b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances: (A) In response to an emergency call. (B) While engaged in rescue operations. (C) In the immediate pursuit of an actual or suspected violator of the law. (2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.”
What this means is that Cyclists must obey all traffic signals, stop signs, and lane markings. This includes stopping at red lights, yielding to pedestrians, and following right-of-way rules. While cyclists generally travel at lower speeds than motor vehicles, they are still required to adhere to posted speed limits and adjust their speed based on road conditions and traffic flow.
Comparative Fault in a San Diego Bicycle Accident Claim
San Diego employs a comparative fault system in personal injury cases, including bicycle accidents. California Civil Code § 1714 establishes the principles of comparative negligence:
“§1714. (a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
In a bicycle accident, multiple parties can share responsibility for the incident. Comparative fault allows the court to allocate a percentage of fault to each party involved. The court evaluates the evidence and determines the percentage of fault attributable to each party. This assessment considers various factors, such as whether the cyclist was obeying traffic laws, using proper signals, and taking reasonable precautions.
For example, if a cyclist and a motorist are both found to have contributed to the accident, the court might determine that the cyclist is 20% at fault and the motorist is 80% at fault. The total compensation awarded to the cyclist will be reduced by their percentage of fault. If the cyclist is found to be 20% at fault and the total damages amount to $100,000, the cyclist’s compensation would be reduced by 20%, resulting in an award of $80,000.
Contact Our San Diego Bicycle Accident Attorney Today
Experiencing a bicycle accident can be a life-altering event, bringing physical, emotional, and financial challenges.
Our car accident attorneys in San Diego understand the challenges involved in these cases and are dedicated to helping you navigate this difficult time. Led by Justin S. Kashou, we take pride in conducting thorough investigations, collecting essential evidence, and crafting a compelling case to hold the responsible parties accountable.
Our goal is to ensure that you receive compensation for medical bills, lost wages, pain and suffering, and any other damages you have incurred. Facing the aftermath of a bicycle accident can be overwhelming, but you don’t have to go through it alone. Contact Kashou Law today for a free consultation. We will discuss your case, explain your rights, and outline the best course of action to achieve a favorable outcome. Reach out to us at (619) 963-2030.