After a bicycle accident, a motorist may try to blame the cyclist, and vice versa. Who is at fault depends on the circumstances surrounding the crash. A California bicycle accident lawyer may be able to review your cycling collision and figure out who is responsible.
The team at Triumph Law, P.C. has plenty of experience with bike crash cases. We may be able to help you file a claim against anyone responsible for your cycling collision. To learn more, reach out to us.
When a Driver Is Liable in a Bicycle Accident
A driver has a duty of care to bicyclists. Based on this duty, a motorist must follow the rules of the road and act in a reasonable manner. If a driver breaches their duty, they may get into an accident with a cyclist and be held responsible.
To prove a motorist was at fault in a bicycling collision, a cyclist must show the driver was negligent. This requires the cyclist to verify the driver had a duty of care and violated this obligation. Also, they must confirm the accident occurred because the driver breached their duty and caused them to suffer quantifiable or subjective losses.
Proving negligence may be difficult in a bicycle accident case. Fortunately, Triumph Law, P.C. may be able to help you build a body of evidence to support your claim against a negligent driver. For more information, get in touch with us.
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(916) 500-0000When a Cyclist Is Liable in a Bicycle Accident
A cyclist may be at fault if they do not follow California’s bicycle laws. Failure to comply with cycling laws may put a bicyclist and others in danger. These laws include:
- All riders under the age of 18 must wear a helmet.
- Cyclists must be ready to stop at stop signs, driveways, and parking spaces.
- They must use hand signals when they turn left or change lanes.
- They must use lights and reflectors when they ride their bikes at night.
- They must ride in the same direction as traffic.
In California, comparative negligence may affect liability in a cycling accident. If a bicyclist and driver share responsibility for an accident, both may be held accountable. In a case where a cyclist seeks compensation but is found to be partly responsible, they may have the damages they receive reduced by their percentage of fault.
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(916) 500-0000 Other Parties that May Be Liable in a Bicycle Accident
A car or bike parts manufacturer may be responsible for a cycling crash. As an example, a defective bike part may cause a cyclist’s brakes to stop working, leading to an accident. In this example, the cyclist may be able to hold the manufacturer accountable.
There are instances where a government entity may be liable for a bicycle collision. If a road issue was reported and goes unaddressed, it may create a hazard for cyclists. In a situation where a cyclist crashes their bike and gets hurt due to this hazard, they may be able to hold a government body liable.
California has a two-year statute of limitations for most personal injury cases. If you want to get damages from an at-fault party, you may have up to two years from the date of your cycling crash to pursue compensation. Beyond two years, you may be solely responsible for your collision-related losses.
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(916) 500-0000 How to Prove Fault in a Bicycle Accident
Cyclists (or their legal team) are responsible for proving fault in a bike crash case. They may need to provide evidence to show an at-fault party was negligent. Evidence a rider may use in a bicycle accident case includes:
- Accident scene photos and videos
- Police reports
- Medical records
- Witness statements
Going through the legal process on your own may be difficult. It may be beneficial to hire an attorney who can answer frequently asked questions and many others about this process. Your lawyer may help you meet the burden of proof and show a judge or jury you deserve damages.
Bicycle Accident Damages
You are not guaranteed to get compensation in a cycling accident case. However, you may request compensation based on a wide range of economic and non-economic losses you incur. Reasons why a cyclist may request compensation after an accident include:
- Damage to their bike
- Medical bills
- Lost wages
- Pain and suffering
It may be in your best interests to track your losses from the moment your accident happens. This may help you calculate your damages and determine how much your case is worth. You may also partner with a personal injury lawyer who may negotiate a settlement for you.
Bike Accident Case Settlement
There is a chance an at-fault party or their insurance company will contact you in the days after your cycling collision and offer a settlement. Just because you receive a settlement proposal does not mean you have to accept it. If you approve a lowball settlement, you risk leaving money on the table and having to pay some or most of your crash-related losses out of your own pocket.
An attorney may help you evaluate settlement offers or negotiate one on your behalf. If you get a settlement proposal you believe is fair, you may approve the offer and close your case. On the other hand, if no settlement is reached, you may bring your case to court and explain to a judge or jury why you believe you deserve compensation.
Every cycling accident case is different, but how a judge or jury views each claim is exactly the same. When you have a lawyer at your side who has a track record of great case results, you may boost your chances of getting a reasonable settlement. Along with this, your attorney may advocate for you and help you compel a judge or jury to award you 100% of the damages you are requesting.
Get Legal Help with Your Bicycle Accident Case
If you are unsure about who is responsible for your cycling crash, the team at Triumph Law, P.C. may be able to help you out. We offer legal assistance to bike collision victims. To schedule a free and confidential consultation, contact us today.
