Bicycle Accident Wrongful Death Claim

Every year, individuals lose their lives in fatal bicycle accidents in the State of California. If you have experienced a devastating loss, your family may be entitled to financial compensation through a wrongful death claim. This type of legal action can hold someone accountable for causing the death of your loved one in a bike accident, bringing you justice during this tragic time.

What Causes Fatal Bicycle Accidents in California?

Bicyclists are at high risk of catastrophic and fatal injuries in accidents. When a car strikes a bicyclist, the biker does not have adequate protection from serious injury. Even with a helmet, the odds of life-threatening head, brain, spine and other injuries are high. Recent statistics show that 145 bicyclists died in deadly traffic accidents in California in 2023. 

Common causes of deadly bicycle accidents include:

• Distracted driving and driver inattention
• Texting and driving
• Impaired driving
• Careless and reckless driving
• Speeding
• Aggressive driving
• Unsafe passing/passing too closely
• Failing to yield
• Unsafe left-hand turns
• Dooring 
• Poor road conditions

Negligence is behind most deadly bike accidents. In personal injury law, someone is negligent if they fail to act with a proper amount of care, resulting in harm or injury to others. Negligence is grounds for a wrongful death claim under California law (Code of Civil Procedure § 377.60). Driver negligence can require the driver’s car insurance company to pay for the death of a cyclist.

Who Can File a Bicycle Accident Wrongful Death Claim in California?

A Los Angeles wrongful death claim is a civil lawsuit that seeks to hold someone responsible for causing the death of an individual through negligence, recklessness or intentional acts of wrongdoing. In California, a surviving spouse, domestic partner, child or parent has the right to bring a wrongful death claim. There is a deadline of two years from the date of the victim’s death to file a wrongful death claim under California’s statute of limitations for accident claims. 

Types of Compensation Available in a Los Angeles Bike Accident

If the plaintiff or filing party can prove that the defendant or accused party breached a duty of care that was owed to the victim, a settlement or judgment will be awarded. Damages, or financial compensation, may be available to reimburse surviving family members for related losses, such as:

• Reasonable funeral and burial costs
• Loss of the decedent’s wages and financial support
• Lost value of household services
• Loss of consortium (love, comfort, companionship, etc.)

Families are advised not to accept quick settlements from insurance companies, but to instead consult with a skilled Los Angeles attorney for bike accident claims first about the value of their cases. Unlike an insurer, an attorney will be on the family’s side, and can provide an accurate estimate of how much the claim is truly worth.

How a Bicycle Accident Wrongful Death Lawyer Can Help

While nothing can right the wrong of a loved one dying in a preventable bicycle accident in California, a wrongful death claim can give a family answers and financial compensation to make up for related losses – hopefully making it a little easier to move forward. If you recently lost a loved one in a deadly bicycle accident in California, the LA personal injury attorneys at Rose, Klein & Marias, LLP can help you file your lawsuit and seek justice against one or more at-fault parties.