Bicycle accidents occur all too often on roads meant for sharing between vehicles and bikes. Determining fault and legal liability after these crashes can prove complex. With the help of a Fair Oaks bicycle accident lawyer, this can be done more easily.
Hefty medical bills and damaged property or equipment are often the result of bicycle accidents. Understanding negligence law, damages eligibility, and bicyclists’ unique legal protections is crucial as well. An experienced Fair Oaks personal injury lawyer can help protect your rights and potentially seek compensation when drivers cause these accidents.
Potential Damages Available
Personal injury lawyers in California can help bicycle accident victims recover compensation for economic and non-economic losses. Economic damages cover quantifiable costs like medical bills, lost income, and property damage. Non-economic damages account for harder-to-quantify impacts such as pain and suffering.
The losses from a bike accident depend greatly on the unique circumstances as each case is different, and each bicycle accident will have its own damages. Minor collisions may require compensation for bike repairs, medical copays, and time off work. More serious accidents can necessitate ongoing medical care, lost future earnings, and costs for home health aides if disabilities result.
Punitive damages may also be possible in bicycle injury claims if gross negligence caused the incident. This additional compensation aims to punish at-fault parties above and beyond compensatory damages. The law limits punitive awards, but they can still be substantial in egregious cases if you can bring the proof.
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(916) 500-0000When to Consider a Lawsuit for a Bicycle Accident
There are several factors to weigh when determining if legal action is worthwhile before you just jump in and start with a lawsuit. First, consider the severity of your injuries and their impacts on your life. Next, review the accident circumstances to establish fault and negligence, and consider if a lawsuit may cover expenses if injuries prevent you from working.
In California, there is a two-year deadline to file personal injury claims. This means victims have two years from the accident date to take legal action. Missing the deadline results in a loss of rights to compensation, so discussing options with a lawyer soon after an incident is important if you want your side of the story heard.
The decision to sue also depends on the at-fault party’s insurance. Those with limited or no coverage may warrant a lawsuit to access other compensation means. A bicycle accident attorney in Fair Oaks can review insurance and help you decide if litigation is advisable based on compensation needs and legal options.
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What to Do When Involved in a Bicycle Accident
Taking certain steps quickly can preserve your rights, and the first step should be to seek any needed medical care right away, even for seemingly minor injuries. You should also document the collision scene with photos and take down contact details of the parties involved, along with witnesses. Notifying police to file an official report is important as well, as it is a main part of your evidence.
Preserving evidence from the accident is crucial for later claims and litigation, so it helps to keep the damaged bicycle in the condition it was in after the crash. Avoid making repairs until your attorney and insurer document the damage. Also, save medical records, bills, proof of lost wages, and expenses incurred from injury, and take photos of visible scrapes and bruises over time to illustrate harm.
Consulting with a bicycle accident lawyer in Fair Oaks at Triumph Law soon after the incident is highly advisable as well. An attorney can conduct a thorough investigation while the evidence is new. They can also manage communication with insurance companies and initiate claims or lawsuits efficiently within strict deadlines.
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When You’re Partially at Fault as the Bicyclist
In some bicycle accidents, the bicyclist bears partial responsibility for causing the crash, and this can reduce compensation eligibility. Understanding negligence concepts and comparative fault laws is essential. An experienced bicycle accident attorney can advise if partial bicyclist negligence applies.
Potential partial bicyclist faults include not following traffic laws, swerving unexpectedly, riding at night without lights, darting into traffic, or losing control. Bicyclists must ride as far to the right as practicable and use hand signals. Helmet and reflective gear requirements also apply under California law for safety.
Though the bicyclist acted negligently, the driver still may bear most blame legally. California uses comparative negligence to assign percentages of fault to all involved parties. You can still recover damages reduced by your allocated percentage of fault.
How an Attorney Can Strengthen Your Case
Retaining an experienced bicycle accident attorney early on can make a significant difference in seeking maximum compensation. Attorneys have specialized expertise in proving liability and negligence on drivers’ part after crashes involving bikes. They also have resources to thoroughly investigate accident circumstances.
Bicycle crash cases often come down to determining fault percentages between the driver and bicyclist. You can strategically argue against more of the negligence falling on you. Having eyewitness accounts, expert analysis, video footage, and other evidence are all part of negating bicyclist liability.
Skilled negotiators and bicycle accident lawyers can also maximize settlement offers without going to court. Leveraging case evidence and legal arguments effectively leads to fair compensation through settlements, most often. If needed, a lawyer can also help with litigation in court if your case reaches that point.
Contact a Fair Oaks Bicycle Accident Attorney
Navigating a bicycle accident case can be tricky, especially when there are injuries involved. You have a right to a fair chance at what you’re seeking for the outcome. There is no guarantee for an outcome, but you can have a better chance with legal representation on your side.
Our team at Triumph Law can help make sure you are on the right track to getting your side of the story heard. Contact us for a free consultation to get started on your case. We are eager to see if and how we can help with your specific situation.