In California, any individual involved in a bicycle accident can legally sue the individual who was at fault for the accident and any subsequent injuries related to the incident. Understanding the cause of your accident and the legal statutes regulating personal injury claims can help you better establish your case to ensure a fair settlement.
Personal Injury Claims In California
The first step to handling a personal injury accident is receiving medical attention for any individual who has sustained injuries after being involved in an accident. An accident victim’s physical health and mental well-being should be addressed and adequately handled before exploring any legal courses of action. Alongside addressing any medical injuries one has sustained, you must file a police report to document the events leading to and causing the bicycle accident. One must provide the police with as much information as possible. The victim will later use this report to support the personal injury claim. The best way to know when the police report is needed is to become familiar with personal injury law. It is essential to understand one’s rights as the accident victim and the procedural rules and regulations of filing a personal injury claim.
What Is A Personal Injury Claim?
California law defines personal injury claims as a type of civil lawsuit. As a civil lawsuit, any individual can file to receive compensation for any loss they’ve incurred as a direct result of an injury. Physical, psychological, and mental injuries are qualified to file a personal injury claim. Regardless of the type of accident that occurred, there is no set amount that an individual will receive each time they file a personal injury claim. The amount of money the petitioning individual will receive from a personal injury claim is formally known as the settlement. Because of this, settlement amounts vary from case to case. Each variation is determined by the court using a variety of factors, such as:
- The severity of the accident
- The severity of sustained injuries
- Period of recovery
- Types of medical care required
- Treatment for the victim
- Rehabilitation (if needed)
- Loss of wages
- Negligence and Liability of the At-Fault Driver.
Ultimately, any evidence, information, or documentation relevant to your case may be considered by the court when evaluating your claim. For this reason, keeping a detailed and complete record of the events that occurred as a direct result of your bicycle accident is vital to the success of your case. Beginning the evidence recording process with a detailed and complete police report can be extremely helpful in filing a solid personal injury claim. In addition to the police report, a list of damages must be created and presented. This list will be helpful to the court when evaluating your claim; the insurance companies will also use this information.
Bicycle Laws In California
Determining liability and negligence is the most critical part of building a personal injury claim regardless of the type of accident. Because of this, cyclists who know their legal rights in California are more likely to be successful when filing a personal injury claim after being involved in a bicycle accident. The laws governing cyclists and where they can legally ride their bikes are relatively straightforward in California. Legally, drivers must maintain a minimum distance of three feet between their vehicle and cyclists. Additionally, it is illegal for drivers to intentionally use their vehicles to obstruct or limit cyclists’ access to bike lanes.
Causes of Bicycle Accidents In California
Just like a car accident, a bicycle accident can occur at any moment and when you least expect it. Even the most vigilant and experienced drivers and cyclists are at risk of being involved in an accident. It is important to remember that parties do not always have to move for a bicycle accident. Two of the four most common bicycle accidents only involve one moving party. The four most common ways that bicycle accidents in California occur are:
- Cutoff Accidents:
- Cutoff accidents occur when a driver or cyclist turns or pulls out in front of the other party unexpectedly. These types of accidents are also commonly referred to as sideswipe accidents. The driver is often the at-fault driver in these types of accidents. They generally occur when the driver fails to notice a cyclist or fails to take note of the cyclist’s intentions.
- Failure to Yield:
- Failure to yield accidents most commonly occur when a driver fails to treat a cyclist with the same driving practices to treat another car. Most often, this means that the driver failed to give a cyclist the right of way when passing through an intersection.
- Car Door Accidents:
- Car Door Accidents are one type of bicycle accident that can occur when the vehicle is stationary. These types of accidents occur when a cyclist travels in a bike lane, on a sidewalk, or on the road, and a car door opens unexpectedly and strikes them. The nature of these types of accidents means that the driver is typically at fault for these types of accidents. The California Vehicle Code also helps determine faults for these accidents.
- Limited Visibility:
- Like Car Door Accidents, Limited Visibility Accidents do not require both involved parties to be actively moving. Limited Visibility Accidents occur when a car, moving or parked, unexpectedly appears in front of a cyclist. This kind of accident often occurs for cyclists when they fail to see a parked car. For drivers, limited visibility accidents commonly occur when backing out of a driveway. They can also occur when an object, building, or car obstructs the driver’s view of a cyclist.
Can One Ride a Bicycle in the Road?
One of the most common questions individuals who have been involved in a bicycle accident ask is whether or not cyclists in California can ride on the road. Traffic laws generally hold cyclists to the same legal parameters as drivers. However, cyclists in California are legally able to ride their bikes on the road in these specific circumstances:
- When the cyclist is passing another bicycle, individual, object, etc.
- When the cyclist is actively making a left turn
- Lastly, cyclists can ride on the road when the available lanes are too narrow to share with other cyclists.
When responding to cyclists on the road as a driver, it is best to continue using attentive driving practices. Whether you are the driver or the cyclist, remaining aware of your surroundings and maintaining focus is the best form of accident prevention while staying safe on the road.
Contact Pride Legal
If you or a loved one has been involved in a personal injury accident, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.