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What to Know About Bicycle Accident Lawsuits in California
People ride bikes for a number of reasons. Some people enjoy the feeling of the wind on their faces. Others go cycling to improve their health and physical fitness. Some people ride bikes to explore different places. Still, others ride bicycles as a form of transportation. The truth is that riding a bike can improve your health, save you money and help the environment.
However, there's no denying that it has some risks. Riding a bike is no more dangerous than driving a car or taking a walk. That said, accidents happen. And when you're on a bike, they tend to occur at intersections, on the road, and more.
Today, let's dive into bicycle accident lawsuits to help you understand better. Here's what you need to know:
Bicycle accidents happen with surprising regularity. In fact, according to the Governor's Office of Traffic Safety, about two in every ten fatal accidents in the United States take the lives of cyclists.
The Governor's Office of Traffic Safety estimates roughly 700 bicyclists are killed in motor vehicle accidents every year. And according to the Centers for Disease Control and Prevention, another 48,000 are injured.
The good news is that the California Department of Motor Vehicles reports that bicyclist fatalities have been declining. The number of bicyclists killed in motor vehicle accidents has fallen by 37 percent in the last decade.
First and foremost, if you've been injured in a bicycle accident, you have the right to pursue compensation for your injuries. Sure, getting in touch with the other party's insurance company is the first thing you should do after you've been hurt in a bicycle accident.
However, don't wait too long to file a lawsuit. In California, you have up to two years to sue for a car accident.
In addition to California's laws, you may have to consider the laws in your state of residence if you've been injured in an accident while riding a bike. For example, if you've been injured in another state and you're just visiting California, you must file any lawsuit within the constraints of your home state.
Anyone injured in a bike accident has the right to pursue compensation. You should take a number of essential steps soon after being hurt.
First and foremost is speaking with a lawyer to learn your rights. Second, you should document everything immediately. This includes:
Pictures of the scene of the accident—The condition of the bike and your person at the time of the accident.
Documentation of any injuries—You should also contact the police, who will create an accident report and document the scene in more detail.
Third, you should get a copy of your medical records. This is crucial. It will help you in the future if the other party's insurance company questions whether or not you faced any injuries. Contacting your lawyer is essential.
Finally, you should talk with the other driver. Try to avoid speaking to their insurance company. You should speak with the other driver because you may be able to negotiate a payment plan or something of that nature.
After getting injured in a bike accident, you may be able to sue for damages. That said, your own insurance company may be liable for your damages.
In California, for example, your insurance company must offer you a minimum of $15,000 in personal injury protection after a car accident. You're entitled to the same amount after getting hurt in a bike accident.
Your own insurance company must pay out a minimum of $15,000, but you're entitled to $7,500 from your own insurance company. If you're hurt in a bike accident, your insurance company is only responsible for $7,500 of your damages. If you've been hurt in a car accident, they're accountable for $15,000.
If you've been hurt in a bike accident, you may have a claim against the city, municipality, or other public entity that owns the road. Again, you'll need to speak with a lawyer to determine whether or not your claim is valid.
In California, a special rule makes it easier for someone who was hurt in a bike accident to sue for damages. In California, the failure to provide adequate left-hand turn lanes is cause for a lawsuit.
As a rule, California law allows cyclists to proceed through an intersection on a red light after a full stop if there isn't a left-hand turn lane. In California, if there isn't a left-hand turn lane, a cyclist has the right to make a left turn as long as they do so safely.
If there isn't a left-hand turn lane, the cyclist has two possible courses of action after stopping at the light.
Bicycle accident lawsuits are no different from other accident lawsuits. In addition to compensation for medical bills, lost wages, and pain and suffering, you may be able to recover additional damages, too.
● Medical bills
● Counseling
● Occupation therapy
● Lost wages
● Lost earning capacity
● Loss of consortium (of a spouse or registered domestic partner)
● Disfigurement or loss of limb
● Scarring
For example, if the defendant in a bike accident was talking on their phone at the time of the accident, they can be held liable for more damages than those who weren't.
If the accident resulted from a distracted driver, you might be able to recover additional damages. As a rule, you may be able to recover punitive damages in your bicycle accident lawsuit. In California, you will have to prove that the other driver acted with malice and reckless disregard for the safety of others.
In addition to the damages we mentioned above, you may be able to recover other damages, too. Suppose the accident resulted from a defective product. In that case, you may be able to recover damages from the designer of the product, the distributor of the product, or the repair shop that you take your bike to.
If you've been harmed in a bike accident, you may have the right to sue for damages. After a bike accident, the first thing you should do is speak with a lawyer to learn your rights.
In California, you have up to two years to sue for damages after an accident. The truth is, you have more time than that. If you need more time to recover, you can ask the court for an extension. Finally, you should talk with an experienced bike accident attorney to learn more.
If you are looking for an accident lawyer in Los Angeles, we can help you. Here at Mendez and Sanchez Law, you will only find the best. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Please contact us for your injury, auto accident, workers' compensation, and other legal needs today!
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