According to statistics from the National Highway Traffic Safety Administration, from 2016 through 2018, about 455 cyclists were killed in traffic crashes in California. When a traffic accident occurs between a motorist and a cyclist, the bicyclist often comes out the most injured. If you or a family member were injured in a negligent bicycle accident, consulting with a knowledgeable California personal injury attorney is important to protect your rights and help pursue rightful compensation.
At Benner Law Firm, we are committed to providing compassionate legal services and reliable representation to bicycle accident victims and their families. As your legal counsel, we will evaluate your unique circumstance, investigate the details of your case, and offer possible options to seek damages for your injuries. We will fight vigorously to protect your rights and help you pursue fair financial compensation to cover medical expenses, lost income, future medical treatment, pain and suffering,
Benner Law Firm is proud to serve clients throughout San Diego, San Diego County, Chula Vista, Escondido, El Cajon, Oceanside, and all of California.
A bicycle accident can leave you in complete shock. After the traffic collision, you will likely be confused and frustrated. Nonetheless, it is important that you remain calm. Here's what to do following a bicycle accident:
Carefully exit your bicycle and get to safety.
Call 911 to get adequate medical help for your injuries.
Report the accident to the police or law enforcement agency.
Collect important information, such as the other driver's license, phone number, address, and insurance details.
Collect important evidence such as a copy of the police report, accident scene pictures, and witness statements.
Document all of your medical expenses, medical treatments, and doctor's appointments.
Document your account of the accident and how it has affected your day-to-day life.
Hire a personal injury attorney to help you file an injury claim or negotiate a settlement with the insurance company.
The sooner that you can take these steps the better. Information can get lost and details may be forgotten as time goes by.
In California, the same rules and responsibilities apply to both bicyclists and motor vehicle drivers. The California Vehicle Code specifies where and how bikes must operate in the state (CVC 21200). Below are some important California laws that affect bicycle riders:
Bicycle riders must ride as close to the right side of the road as practicable, except when overtaking, avoiding hazards, preparing for a left turn, or if the lane is too narrow to share.
Bicyclists must yield to pedestrians.
Bicycle riders should ride in the same direction as vehicle traffic.
When available, all cyclists should use the pre-outlined bike lanes.
All bicycle riders under 18 years should wear a helmet when riding.
No one may stop on or park a bicycle on a bicycle path, sidewalk, or in a manner that will obstruct pedestrians.
Bicyclists may not cross a toll bridge unless permitted to do so by a law enforcement agent.
All bicycles must be equipped with a functioning brake.
A white headlight that is clearly visible from the front must be attached to the bicycle at night.
California is a fault state. This means that the at-fault party (person responsible for the accident) must compensate the victim if they require medical treatment or repairs. Under California at-fault negligence laws, to recover compensation, the injury victims must prove liability or show that the incident occurred due to the other driver's negligent or careless act.
Additionally, California follows the pure comparative negligence principle. Under the system, the injury victim can recover damages even if they were 99% at fault for the accident. However, your compensation will be reduced by your fault percentage.
For example, if a verdict of $20,000 was awarded against the at-fault party, and the court found that you were 20 percent responsible for the bicycle accident, you will only receive $16,000 ($20,000 – [$20,000 x 0.20]).
Being involved in a bicycle accident can be an emotional and painful experience. Especially when it results in an injury or fatality, such an accident can affect you physically, mentally, and financially. Nonetheless, you don't have to go through it alone. Retaining a knowledgeable California personal injury attorney immediately is crucial to protect your rights and help you seek damages.
At Benner Law Firm, we have devoted their careers to providing compassionate guidance to clients in their personal injury cases. We can help you:
Fight vigorously to protect your rights and represent your best interest;
Review the details of your case and carry out a thorough, private investigation;
Collect and document all required information, pieces of evidence, police report, and other important documentation;
Establish fault, prove liability, and determine case-value;
Negotiate a fair financial settlement with the insurance company;
Represent you in your personal injury or wrongful death lawsuit, where applicable; and
Ensure that the right people are held responsible.
If you were injured in a negligent bicycle accident and need assistance with filing injury claims, call Benner Law Firm today for a free one-on-one consultation. Our team will investigate the details of your case and decide the best way to proceed with your injury claims. We will fight compassionately to protect your rights and help you seek your deserved compensation. We proudly represent personal injury and bicycle accident victims throughout San Diego, San Diego County, Chula Vista, Escondido, El Cajon, Oceanside, and all of California.