Bicycle Accident Lawsuit
Riding a bike in Rancho Cucamonga is a great alternative to driving, but it comes with its own risks. Sharing the road with motor vehicles can put a bicyclist in danger, especially when drivers speed, are distracted, or impaired.
Bicycle accidents often lead to severe or fatal injuries. If your accident was caused by a negligent driver or another responsible party, you might have the right to file a bicycle accident lawsuit against them. Call the bicycle accident attorneys at Sierra Accident Lawyers today for a free consultation at (909) 942-7632.
Understanding Bicycle Accidents in California
In 2021, 125 bicyclists were killed in collisions with vehicles in California. In a separate report, BikeLA analyzed 26 fatalities in 2022 and found four contributing actors among the deadly accidents:
- Speed exceeding 35 mph
- Lack of bicycle infrastructure
- Multiple travel lanes on roadways
- Poor street lighting
The number of bicycle deaths has steadily risen in recent years despite vehicle and road safety improvements. Bicyclists are especially vulnerable at night when visibility is poor. An increase in larger vehicles like trucks and SUVs has also contributed to a rise in pedestrian and bicyclist fatalities.
Compensation in a Bicycle Accident Lawsuit
The value of a bicycle accident lawsuit hinges on various factors, such as the impact of the injury on one’s life and pain levels, alongside additional aspects like medical expenses, lost wages, and diminished quality of life.
Generally, bicycle accident victims can receive compensation for:
- Medical expenses: Past and future medical bills
- Lost wages: Loss of past and future wages
- Property damage: Repair or replacement of the bicycle
- Pain and suffering: Physical pain and emotional distress
- Disfigurement: Compensation for any permanent scarring or disfigurement resulting from the accident
- Loss of enjoyment of life: Reduced ability to enjoy daily activities and hobbies
Consulting with a skilled bike accident attorney is crucial to effectively assess a claim’s potential value.
Bicycle Helmet Laws in California
In California, bicycle helmet laws mandate that:
- Minors (Under 18 Years Old): Anyone under 18 must wear a helmet when operating a bicycle, non-motorized scooter, skateboard, or roller skates. State law enforces this, and non-compliance may result in a fine of up to $25.
- Adults (18 Years and Older): Adults are not legally required to wear helmets while riding a regular, non-motorized bicycle.
These laws are designed to enhance safety for younger riders, who are more vulnerable to severe injuries. Since there are no federal bicycle helmet laws, these regulations apply specifically to California.
Fault in California Bicycle Accident Claims
In California, fault in a bicycle accident is determined based on the concept of negligence. A driver could be found negligent if they were engaging in reckless driving behavior such as speeding, weaving in and out of traffic, running red lights, or tailgating. A cyclist could also be found partially responsible if they failed to obey traffic laws.
To prove fault in a bicycle accident, the victim must establish the following four elements:
- Duty of care: The responsible party owed the victim a reasonable duty of care.
- Breach of duty: The defendant breached their duty of care through negligent actions. A breach of duty could be speeding or failing to yield the right-of-way.
- Causation: The breach of duty was the direct and proximate cause of the victim’s injuries.
- Damages: The victim suffered damages due to the breach, including medical expenses and lost wages.
California’s comparative negligence laws allow plaintiffs to recover damages even if they are partially at fault for the accident. For example, if a plaintiff is 30% at fault and the other party is 70% at fault, the plaintiff can still recover 70% of the damages.
Rancho Cucamonga Bicycle Accident FAQs
How long do bicycle accident settlements take?
Bicycle accident lawsuits can take anywhere from a few months to years to settle. It will depend on the complexity of the case, the extent of the injuries, and the willingness of the parties to negotiate. A bicycle accident attorney can significantly speed up the negotiations with the insurance company.
Will my bicycle accident case go to trial?
While most California bicycle accident cases settle out of court, some go to trial. This happens for several reasons, including when the plaintiff and their attorney cannot reach a fair settlement with the other party. Obtaining an experienced lawyer will be crucial at this point, as he or she can litigate your case to win a successful verdict.
What is the statute of limitations for bicycle accidents in California?
California’s statute of limitations for filing personal injury claims resulting from a bicycle accident is generally two years from the accident date. This means you have two years to settle your bicycle accident claim or file a lawsuit in court. For claims related to a government agency, plaintiffs must file an administrative claim within the first six months.
Rancho Cucamonga Bike Accident Experts
If you or a loved one suffered injuries in a bicycle accident, our Rancho Cucamonga bicycle accident lawyers are ready to be your legal advocate. We understand the pain and confusion following an accident with a motor vehicle. With our compassionate and dedicated legal support, you will have a fighting chance at financial recovery from the insurance company.
Our personal injury team does not charge upfront legal fees or retainers for our services. Instead, we work on a contingency fee, which means we only get paid if we win your California bicycle accident case. Call our law firm today or email us to schedule your free consultation.