California is such a nice place to ride your bike while enjoying nature at the same time. However, remember that you’re not the only one using the road even if there’s a designated area for cyclists. You’re sharing the road with drivers with different behaviors while behind the wheel. If you’re hit by a vehicle while riding your bike, contact the best personal injury law firm in LA to protect your rights.
Recurrent Bicycle Accidents in California
Bicyclists are aware of the dangers of sharing roads with other vehicles, such as large trucks and cars and try their best to take measures. However, there are still negligent drivers behind the wheel, not thinking that even a slight recklessness can cause such tragic accidents and serious injuries. Drivers are well-protected inside their vehicles, while cyclists don’t have anything except a mere helmet. If you were hit by a vehicle while riding your bike, contact the best personal injury law firm to help protect your rights.
Understanding Your Rights as a Bicyclist
The California Vehicle Code governs the bicycle laws. According to CVC 21200, all bicyclists relatively share the same rights and responsibilities on the road as motor vehicles. All bike users should follow the same right-of-way regulations, traffic signs, and traffic flow as motor vehicle drivers. Motorists, on the other, should likewise respect the rights of cyclists on the road.
If the motorist fails to regard your presence on the road and results in an accident, they may be completely liable for your injuries. Also, you may have the right to seek compensation. It would be best to work with a personal injury law firm in LA with experienced bicycle accident lawyers.
Liability in California Bicycle Accident
Following an accident, it’s common for both parties to blame each other. However, if they both know the law, the fault isn’t distinguished by their opinions. Rather, liability is usually identified according to which party acted carelessly.
In some instances, the driver or the cyclist didn’t cause the accident, but a sequence of unfortunate situations, such as a manufacturing error. However, the final straw is that either the cyclist or driver breached their duty of care.
California Driver’s Duty of Care
Typically, it’s the drivers’ responsibility to drive their vehicles safely and is expected to prevent road accidents and injuries. It requires total focus on driving and fixing their eyes on the road and surroundings. Most importantly, they need to obey traffic laws and pay attention to traffic signs while driving. A breach of duty occurs when they behave carelessly, leading to accidents or injuries. These are:
- Distracted driving
- Failing to obey traffic laws
- Driving under the influence (DUI)
- Failing to signal their intentions when turning or changing lanes
- Reckless driving
- Fails to follow posted traffic signs
- Fatigue driving
- Failing to yield the right of way
- Making illegal turns
California Cyclist’s Duty of Care
Like the motorists, cyclists also have their own duty of care to perform. It’s their responsibility to ensure safety when sharing the road with other vehicles. They must use the designated area for cyclists. It’s not a breach of duty if they don’t wear their helmet, however, it’s better to be safe than sorry. Some of the ways they breach their duty are:
- Not using light when riding at night
- Failure to use a designated bike lane
- Illegally passing traffic
- Running a red light or failing to halt for a stop sign
- Failure to signal their turns
- Not staying on the right of the road when traveling slowly
- Riding while under the influence of drugs or alcohol
- Driving while distracted, such as using a cellphone
- Failing to maintain the bicycle properly
Proving Negligence in a Bicycle Accident
With all the losses and damages you incurred as a bicyclist, you would want to file a claim which caused you harm and injuries. To get compensation, you need to prove the other party’s negligence. This is where a professional bicycle accident lawyer from the best personal injury law firm steps in to help. Some of the things that you need to prove are:
- You’re riding your bicycle safely while sustaining your duty of care
- The defendant failed to operate their vehicle in a safe manner
- The defendant’s actions are responsible for the injuries suffered in the accident
Hire the Only Bicycle Accident Lawyer You’ll Ever Need
If the driver received a traffic ticket during the accident or has been charged with a criminal offense, it’s crucial evidence of negligence. However, you don’t have to stop there because you still need to deal with the insurance company. Let our expert and skilled bicycle accident lawyers at Big Ben Lawyers do it for you.
We can maximize your compensation and try to find out if there’s another party involved. We’ll handle your case and keep you updated while you focus on your recovery.
We work on a contingency fee basis. Contact us, and let’s talk about your case. Call us today at (818) 423 4878 for a free case evaluation.
Big Ben Lawyers
144 N Glendale Ave.
Glendale, CA 91206