Some motorists fail to respect protected bicycle spaces or engage in aggressive driving behavior.
Even low-speed impacts could prove disastrous for cyclists. Compared to motorists, bicycle riders have relatively little protection in a collision. If you or your loved one suffered injuries because of a negligent driver, find out if you have the legal right to pursue compensation. Get in touch with a Los Angeles bicycle accident lawyer to understand your options and know the next step to take. Call Ben Crump Law, PLLC today at 800-959-1444 for a free case review.
Proving a Bicycle Accident Claim
After an accident, among the first things that you might have thought about is whether or not you have a valid claim. While every case is unique, a driver who has violated the law will typically be liable for damages. Acts of negligence are often grounds for a claim, and some common examples that lead to bicycle accidents are aggressive driving, road rage, open door accidents, and impaired driving. However, identifying negligent actions and proving them are two different things. You may have to rely on crucial evidence like eyewitness testimony if there is no citation for the motorist.
In bike accidents, police reports serve as credible evidence. Once you have your copy, a Los Angeles bicycle accident lawyer can review it to help determine liability and the legal actions you can take. Establishing negligence can present challenges, but your attorney can thoroughly investigate your case and gather critical evidence that can support your claim.
Keep in mind that the statute of limitations for bicycle accidents in Los Angeles is two years from the date of the incident. Within this statutory period, you have to file your claim successfully, or a judge may dismiss your case altogether. Although there are exemptions to this law, they do not apply to most cases. It is best to consult with a Los Angeles bicycle accident lawyer as soon as possible to make sure the statutory period does not run out on your claim.
For a free legal consultation with a bicycle accidents lawyer serving Los Angeles, call 800-761-5225
State Bicycle Laws Can Affect Your Claim
In the State of California, operating a bicycle is much like driving a car. Keeping yourself updated regarding bicycle laws is essential to avoiding citations and compromising your claim. The California Vehicle Code outlines state laws concerning the rights and responsibilities of a bicycle rider. Some of the key sections related to cycling include the following:
Bicycle Requirements
When it comes to the operation of bicycles, it is illegal to ride a bike with handlebars that are higher than the shoulders. Similarly, it is against the law to use a bicycle with faulty brakes. If you are to ride your bike during darkness, you must have the prescribed reflectors and lamps that will make you highly visible and sufficiently illuminate the path in front of you.
Riding Under the Influence
Under the law, cyclists are also not permitted to operate a bicycle while they are impaired. An arresting officer may perform tests that will check the drug or alcoholic content in a person’s blood.
Operation Upon a Roadway
Bicycle riders should ride with the direction and flow of traffic to avoid untoward incidents. If there are dedicated bike lanes, you must use them. However, you cannot stop in the middle of a lane because this endangers other riders. If necessary, you need to find a safe place away from the bike lane and road. Be aware that local governments may restrict bicycles on expressways or freeways.
Unfortunately, staying in bicycle lanes and following the law does not guarantee your safety. In the presence of irresponsible motorists, you can suffer injuries that are, at times, life-threatening. If a reckless or careless driver hits you, do not hesitate to turn to Ben Crump Law, PLLC for help. A Los Angeles bicycle accident lawyer from their firm will work to expose negligence and provide you with personalized representation. Call today to get started on your case.
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Determining Fault in Bicycle Accidents
Since California employs comparative fault laws, you can seek compensation even when you are partly responsible for the accident. If this applies to you, take note that the court will reduce your total recovery according to your share of fault. However, because the state also adopted the pure comparative negligence model, either party will be able to recover a financial award even if they are 99% at fault for the accident. It is important to remember this, especially if you are facing serious injuries and costly medical bills. Retaining a Los Angeles bicycle accident lawyer will enable you to understand your legal position better and discover the fair compensation you may be entitled to.
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Types of Compensation You Can Obtain
Under the legal system of California, you can claim economic and non-economic damages. Some examples include medical expenses, out-of-pocket expenses, property damage, lost earnings, pain and suffering, loss of enjoyment of life, and emotional distress. Following an accident, you have the right to seek compensation for all the injuries and losses you suffered. A Los Angeles bicycle accident lawyer can calculate the value of your claim so you can recover every cent you deserve and begin putting your life in order.
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Let Us Work Together to Build Your Case
Ben Crump Law, PLLC believes that everyone has the right to travel safely on the road. As a bicycle rider, you have certain legal entitlements when it comes to sharing the streets with other motorists. We understand how frightening yet frustrating a cycling crash can feel. If a negligent driver put you in harm’s way, we will get started on reviewing your case and preserving vital evidence without delay. When you consult with a Los Angeles bicycle accident lawyer, rest assured you will hear honest yet caring legal advice.
Call our office today at 800-959-1444 for a free consultation. We collect no fee unless we win your case.
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