Every day, many people ride their bikes around cities across the country. While it can be fun and exciting, there is also an inherent danger, even when using a bike properly. Many people ride the bike on sidewalks as a means of avoiding traffic and protecting themselves. However, this is not allowed in most places. When people ride their bike around traffic, accidents can happen if the rules of the road are not strictly followed by motorists and cyclists alike.
According to the California Legislature, bicycles are subject to the same laws as other vehicles. This means cyclists have a right to share the streets and have to follow all the same traffic laws as if they were cars. The same is true about cars when driving near bicycles. Unfortunately, many drivers do not follow these laws, resulting in accidents.
If you or a loved one suffered injuries in a bicycle accident, you likely have pain, medical expenses, and property replacement costs. Fortunately, you can file a lawsuit against the responsible party to claim compensation for your expenses. A San Jose bicycle accident lawyer may be able to help you with your case. Call Ben Crump Law, PLLC at (800) 683-5111 to discuss your case with our team.
Common Bicycle Accident Expenses
After your accident, there are expenses that you have to figure out how to pay, especially if you do not have great health insurance. The expenses that you have to worry about include:
- Emergency medical care: Emergency medical care, such as going to the emergency room or riding in an ambulance, can be expensive. At the time, no one really thinks about the cost of that care. However, it is something you will have to deal with after the emergency has passed.
- Ongoing medical expenses: Your injuries will take time to heal and will require follow-up care with your primary physician. You may also need care from a specialist, which is not likely to be covered under insurance.
- Property damage: Getting into a bike accident with a vehicle likely destroyed your bike. The cost of replacing it can vary based on the type of bike that you have. Although you may not get back to riding right away, this is the cost you will eventually need to deal with. This also includes the cost of replacing any property that was damaged in the accident, like your cell phone or your bike helmet.
There are other expenses not covered on this list. The expenses that you have after an accident can impact your finances for a long time. Many medical facilities will let you start a long-term payment plan to minimize your monthly payments and to make your medical bills affordable. However, it is still a financial burden that will take years to pay off unless you receive compensation.
You are the victim in the accident, so you may be able to claim compensation from the driver who caused your accident. Ask a lawyer about your legal options to see what you can do to recover compensation to help with these expenses.
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Statute of Limitations
Many accident victims decide to file a lawsuit against the person who caused their accident because of their expenses. Rather than struggling to pay off the financial burden themselves, they choose to hold the other driver responsible for the damage that they caused. You can do this, too, and not have to worry about having a substantial long-term financial problem because of your accident. However, you have a limited amount of time to file your lawsuit.
According to California Courts, California has a relatively short statute of limitations on bicycle accidents. You have two years to file a personal injury lawsuit to claim compensation for your injuries and recover expenses. You also have three years to file a property damage lawsuit to claim compensation for the damage to your bike and any other personal property that you lost in the accident. This is not a lot of time to build a case, so give your lawyer as much time as possible by reaching out as soon as you are able.
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Bicycle Accident Laws in San Jose
Like most states, California has very few laws that specifically govern bicycle riding on a statewide level. Instead, it relies on individual cities and municipalities to determine the appropriate laws for their areas. The only exception to this is the helmet law and the general traffic laws. Bicycles are vehicles and must follow the same laws as other vehicles. All bike riders under age 18 in the state must also wear a helmet. Otherwise, the rules are the same for other vehicles, for the most part.
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Long-Term Impacts of Bicycle Accident
Accident victims must worry about the long-term implications and impacts of their accident. In bicycle accidents, the most prominent long-term impact is serious injuries. Injuries can be extensive and take a long time to heal. While you are injured, you may not be able to return to your regular everyday life. This can have an emotional and mental impact on your life as well.
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Seeking Compensation
Being the victim of an accident may entitle you to seek compensation for your injuries. Under civil law, you should be able to sue the person who caused your accident for compensation, which will help you with your expenses. If you think you may have a case, consult with a law firm to see what your legal options are.
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Recovering from a bike accident can be stressful and have a big impact on your life. Although filing a lawsuit cannot undo the pain-and-suffering that you have to go through, it can help you relieve your financial burdens as a result of the accident. If you or a loved one suffered injuries in a bicycle accident, consult a San Jose bicycle accident lawyer about your case. Call Ben Crump Law, PLLC at (800) 683-5111 for a free consultation about your case.
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