When you ride your bicycle in Granite Bay, CA, you probably do not expect to get into an accident. However, bike crashes happen every day, and they leave cyclists with serious injuries. If you get hurt in a bicycle collision due to someone else’s negligence, meet with a Granite Bay personal injury lawyer to explore your legal options.
Triumph Law, P.C. has a great track record in bike crash cases. Our Granite Bay bicycle accident lawyer is available to review your claim and help you decide if now is the best time to move forward with a personal injury lawsuit. To learn more, contact us today.
Bike Laws in California
Every year, over 10,000 bicyclists get hurt in collisions in California, according to research. If you ride a bike, you have the same rights as a motorist. You must also follow many of the same rules of the roads as drivers, such as:
- Obeying stop signs and red lights
- Traveling a safe distance from parked cars to avoid getting hit by an opening door
- Signaling before you switch lanes whenever possible
- Avoiding potholes and other unsafe road conditions
Just because you follow safe riding rules does not mean a motorist will comply with local laws. If a driver is negligent and crashes their car into you and your bike, hold them responsible. At this point, hire a Granite Bay bicycle accident attorney who can help you pursue compensation.
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(916) 500-0000How to Prove Fault After a Bike Accident
To prove negligence, you must be able to show that someone acted recklessly or carelessly. In this scenario, a negligent party did not act in a way that would be considered “reasonable.” If you want to validate this point, you must show the following elements of negligence were present when you suffered an injury:
- The at-fault party had a duty of care to act in a reasonable manner toward you and others.
- This party acted in a way that represents a violation of this duty.
- Because the party broke their duty of care, they caused you to get hurt.
- You suffered an injury that resulted in quantifiable or subjective losses.
Evidence may be the difference between settling a case out of court vs. going to trial. If you have photos and videos from the scene of your bike accident, medical records, and other pieces of evidence, you may be able to show an at-fault party was negligent. This may lead to a fair settlement offer or help you secure compensation in court.
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Who Is at Fault in a Bicycle Crash
In many bike crashes, a motorist is responsible. If a driver is operating a vehicle while distracted, speeding, or doing anything else that is negligent, they can cause a car accident. Along with this, the driver may crash their vehicle into a cyclist.
Following an accident caused by a negligent motorist, you may be able to get compensation through the at-fault motorist’s insurance company. Every driver in California is required to carry auto insurance. In the best-case scenario, the at-fault driver’s insurer covers your losses, and you do not have to take any further actions.
There are times when a trucking company, rideshare provider, or another party may be completely or partially responsible for your bicycle crash. With help from a bicycle accident lawyer in Granite Bay, you can identify any at-fault parties. Then, you can submit a claim for compensation.
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When to File a Bicycle Accident Claim
The statute of limitations for a personal injury in California is two years. If you do not discover an injury right away, the window to file a claim opens when you learn about the issue. In this situation, you have up to one year from the date of discovery to request compensation from any at-fault parties.
If you are unsure about whether to file a claim after a bike accident, seek legal help. A bicycle accident attorney in Granite Bay can answer frequently asked questions and many others about cycling crash claims. They can help you weigh the pros and cons of filing a lawsuit and make sure you submit your claim before you run out of time to do so.
The team at Triumph Law, P.C. understands the issues that can come up with a bike crash lawsuit. We can help you address these issues before they stop you from getting compensation. To find out more, reach out to us.
How Much Your Bike Accident Case Is Worth
What you should ask for in damages depends on the severity of your bike crash injury and other factors. You can pursue economic and non-economic compensation. Reasons why a judge or jury may award economic or non-economic damages include:
- Medical bills
- Pain and suffering
- Lost wages
In addition to these damages, there are times when a judge or jury provides exemplary compensation. This type of compensation is given out to deter an at-fault party from committing future acts of negligence. It may be provided with economic and non-economic damages.
What to Do if an At-Fault Party Tries to Blame You for Your Bike Crash
California has a comparative negligence statute in effect. Based on this statute, you may be held partly responsible for your bike crash. The defendant in your bike crash may try to use this regulation to avoid having to pay you the full amount of damages you request — and you and your lawyer need to plan accordingly.
With comparative negligence, you can sue for damages even if you are 99% at fault for your bike collision. On the other hand, a judge or jury can reduce the damages you receive based on your percentage of fault. This means if you do not prove the defendant in your case was fully at fault, you may not receive all of the damages you requested.
Your body of evidence has far-flung effects on your ability to present a compelling argument. If your attorney has a preponderance of evidence, they are well equipped to argue your case. They can also work with you to find ways to strengthen your argument leading up to your trial.
Get Started with a Bike Accident Case
Triumph Law, P.C. has helped many bike crash victims secure settlements. We can take a look at your bike collision case and help you determine what to do next. To schedule a free consultation, contact us today.