You ride your bicycle without thinking that a motorist will crash their vehicle into you and your bike. Unfortunately, this happens, and you have no idea about what to do from here. Meet with a San Diego bicycle accident lawyer, and they can help you take the appropriate next steps.
Triumph Law has more than two decades of legal experience. As a California personal injury law firm with a track record of triumphs, we know what it takes to help bike accident victims recover maximum compensation from those who caused them to get hurt. Discuss your bicycle accident case with a San Diego personal injury lawyer.
Who Can Be Held Accountable for a Bicycle Accident
A motorist is often liable for a bicycle accident. For example, a driver is distracted and takes their eyes off the road. They do not see a bicyclist and crash their car into this rider, and they can be held accountable for the incident and all associated losses.
Following a cycling crash, consult with a San Diego bicycle accident attorney. Your lawyer can explain who is liable if your bicycle accident occurred during a group ride or event or under other circumstances. They may encourage you to file a request for compensation from any at-fault parties.
At Triumph Law, your triumphs are our triumphs. We help bike accident victims obtain fair compensation if they suffer losses due to no fault of their own. Schedule a free case consultation with us.
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(916) 500-0000When to File a San Diego Bicycle Accident Lawsuit
There are deadlines to sue someone in California, and you must file a personal injury lawsuit in accordance with them. Generally, you have two years from the date of a cycling accident to sue a liable party.
A bicycle accident lawyer in San Diego can submit your compensation request before the window in which you are permitted to do so elapses.
Your attorney explains the immediate steps to take after a bicycle accident. They could help you recover compensation through an insurance claim. However, the claims process can sometimes be a hassle.
For instance, a liable motorist’s insurance carrier can dispute your claim or offer a lowball settlement. Your lawyer can negotiate with this insurance company on your behalf. If you do not get a fair settlement offer, your attorney can help you proceed with a lawsuit.
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Compensation You Can Receive in a Bike Accident Lawsuit
A bicycle accident attorney in San Diego wants you to ask for economic and non-economic damages. They can describe the damages you can seek after a bicycle accident and how to secure them.
Reasons why a judge or jury could offer damages based on your cycling crash include:
- Medical bills
- Pain and suffering
- Lost wages
- Costs of repairing or replacing your bicycle
You say you deserve compensation for these and other reasons. Regardless, you must provide proof that compels the court to award full damages. Your attorney can help you build a body of evidence that makes it clear you should receive 100% of the compensation you are requesting.
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Evidence to Use in a Bike Accident Lawsuit
Proof has the potential to help you win or settle your case. It could convince a judge or jury to rule in your favor or compel the defendant to offer a settlement that lines up with your expectations. Evidence you can utilize in your bicycling accident lawsuit includes:
- Accident scene photos and videos
- Witness statements
- Police report
- Medical records
Your attorney can answer questions you have about the role of witness testimony in your bicycle accident case and others relating to your body of proof. Ultimately, your evidence should prove that a liable party was negligent. If it does, it becomes exceedingly difficult for this party to avoid having to pay damages.
What It Takes to Prove Negligence in a Bike Accident Case
Negligence can make or break your bike crash case. If you show that a party was negligent, the court may be inclined to award maximum damages.
To achieve this case outcome, you must prove that the following elements of negligence were present when your cycling accident occurred:
- Duty of Care: It was reasonable to expect a party to act in a way that would not put you or others in danger.
- Breach of Duty of Care: The party did something that a reasonable person would consider careless or reckless and endangered you or others.
- Causation: Because the party acted the way they did, your bike crash happened, and you were injured.
- Damages: You face damages due to the party’s actions.
It can be an uphill climb to prove negligence. Thankfully, your lawyer understands the legal process. They are diligent in their efforts to craft an argument that resonates with the court and highlights how you are in no way liable for your cycling crash and injuries.
How Comparative Negligence Can Impact Your Bike Crash Case
Your attorney can provide insights into how comparative negligence applies to bicycle accident cases. Based on comparative negligence, you can be found partly liable for your cycling collision. If this happens, you can receive a portion of the compensation you initially requested.
With comparative negligence, a judge or jury can reduce your damages by your percentage of fault. If you are determined to be 40% liable for your cycling crash, you may receive 60% of the damages you originally pursued. This means you are liable for some of your accident-related losses.
Your lawyer wants to prove the defendant is fully responsible for your accident and injuries. They gather evidence and prepare an argument to validate this point. On top of these things, your attorney considers how the defendant will argue against you and looks for ways to poke holes in their case.
Work with a Bike Accident Lawyer Who Provides Complete Legal Representation
Triumph Law has helped clients recover millions of dollars in compensatory damages in personal injury cases. We handle bike accident cases so you can focus on your recovery. Request a free case consultation with us.
