California’s busy roadways make it dangerous for cyclists. They share the road with other vehicles ranging in size, from motorcycles to cars to buses and big trucks. Massive vehicles, such as buses and trucks often don’t see cyclists when they share a traffic lane or when they ride in a specified bike lane. Motorists are safe inside their vehicles but not the cyclists who only wear helmets as protected gear. If you were hurt or suffered an injury from a bicycle accident, a successful Los Angeles bicycle injury attorney can help you recover the losses and damages you incurred because of someone else’s negligence.
What are Your Rights as a Cyclist?
According to California law, all bicyclists relatively share equivalent rights and responsibilities on the road like motor vehicles. All cyclists should obey the same regulations of traffic signs, right-of-way, and traffic flow as motor vehicle drivers and vice versa.
When a driver forgets to regard the cyclist’s existence on the road, which could result in a collision, he may be entirely responsible for your injuries. In such cases, you have the grounds to file a personal injury claim against the negligent driver for your injuries, losses, and damages.
Establishing Liability in a California Bicycle Accident
When you sustain injuries from a bicycle accident, it’s just natural that you’d want to know who is responsible. There are instances when drivers in California have just a minor violation following a bicycle accident.
However, in more severe bicycle accidents, drivers will face charges of misconduct or felony offense. It includes negligent driving, hit and run, driving under the influence, or not stopping at stop signs or crosswalks.
Vehicle drivers may deal with criminal charges because of their recklessness. But, is only meager to help cyclists pay their medical bills and recover losses.
California law authorizes the victim to file a case against the liable party (defendant) for his or her negligence. Working with a seasoned Los Angeles injury lawyer can help you get compensation and recover damages.
A majority of personal injury lawsuits such as this involve a legal claim for negligence. It’s the failure of an individual to act with the care that a prudent person will do under the exact or similar situations.
Being able to establish that the driver’s carelessness caused your injury, allows you to secure compensation. Of course, it’s difficult to do it on your own because there is a lot of paperwork and evidence that you need to present during negotiation with the insurance company or when you bring your case to court.
Hiring a skilled and knowledgeable Los Angeles bicycle injury lawyer can help you prove the driver’s recklessness. Additionally, he can take care of the documents needed for you to obtain compensation. Likewise, he can negotiate with the claims adjuster on your behalf, so they won’t take advantage of your situation.
Driver’s Duty of Care
In California, it’s the drivers’ responsibility to drive safely to prevent crashes or injuries to other motorists. It requires attentiveness on the road and obeying traffic laws and signs. A breach of duty occurs when they drive carelessly, often resulting in serious accidents and injuries. Ways a driver breaches his duty include:
- Driving recklessly
- Tailgating
- Failing to yield the right of way
- Driving while under the influence
- Speeding
- Driving when overly fatigued
- Failing to obey posted traffic signs
- Distracted while driving
- Failing to signal their intentions when turning or changing lanes
- Making illegal turns
- Failure to maintain the vehicle properly
Cyclist’s Duty of Care
Like motorists, cyclists have a duty of care to follow when on the road. They must wear a helmet for their own safety protection. Ways that a cyclist breaches his duty of care include:
- Illegally passing traffic
- Failure to signal their turns
- Failure to stay on the right side of the road when traveling slowly
- Running a red light or failing to halt for a stop sign
- Riding while under the influence of drugs or alcohol
- Failure to use a designated bike lane
- Riding a bike while using a cellphone at the same time
- Doesn’t have a bicycle light for nighttime riding
- Failure to properly maintain the bicycle
Big Ben Lawyers Will Provide the Help You Need
When an accident happened, the struggle to establish who is at fault is more difficult than you might think. That’s why our compassionate and competent bicycle accident attorneys are always ready to provide legal assistance.
We solely focus on personal injury cases and are sincere about what we do. Our years of experience and outstanding track record make us one of the personal injury law firms in town.
It’s our priority to protect your rights and ensure that you get the compensation you deserve. We’ll be on your side from start to finish of the legal procedures should it be necessary to bring your case to court. We won’t let the insurance company downgrade your compensation.
Contact Big Ben Lawyers for immediate help. We work on a contingency fee basis. Let’s discuss your case with no obligation. Call 877-753-9664 for a free case evaluation.
Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206