FAQ: Does a Bicyclist Have the Same Legal Rights as a Pedestrian?
If you were injured in a bicycle accident, you may have concerns about your rights and how they compare to those of pedestrians who are hurt under similar circumstances. In short, California’s Rules of the Road apply to everyone who uses the state’s roadways, including motorists, pedestrians, and bicyclists. Your legal rights are similar to other victims, and a Los Angeles bicycle accident attorney can provide essential details. However, you may also find it useful to review some answers to common questions about these incidents.
What are my rights as a victim of a bicycle accident?
You may be entitled to recover compensation for your injuries from the driver who is responsible for causing the crash. Usually, these cases are based on negligence, which means you need to prove that the motorist breached the duty of care to operate the vehicle safety. You also must show that your injuries were directly caused by the breach and that you suffered losses as a result.
How can I file a claim for bicycle crash injuries?
In most situations, you will file a claim with the negligent driver’s insurance company. You fill out the necessary forms, providing information about your injuries and how the collision happened. There can be serious pitfalls in the process, as claims adjusters are looking for reasons to refuse payment on your claim. Working with a Los Angeles bicycle accident lawyer who has experience dealing with stingy insurance companies gives you an advantage.
What if I am partially at fault?
California follows a rule known as comparative negligence, which focuses on your conduct in the bicycle accident. If your acts were to blame in causing the incident, your compensation may be reduced by the amount of fault attributable to you. The key is to put the focus on the negligent driver’s careless actions.
Is there a time limit on filing a lawsuit?
There is a statute of limitations on bicycle accidents in California. You have two years from the date of the crash to file a lawsuit, or you are forever barred from recovering compensation. There are only a few exceptions to the statute of limitations, so quick action is critical to ensuring you obtain monetary damages for your losses.
Will I need to hire a Los Angeles bicycle accident attorney?
A lawyer is not required by law, but it is strongly recommended to retain qualified counsel to represent you as the victim of a bicycle accident. An attorney can assist with the claims process and dealing with an insurance company and will fight for your rights in court.
Schedule a Free Consultation with a Los Angeles Motorcycle Accident Attorney
If you have additional questions about bicycle accidents and your rights as a victim, please call 888-540-0325 to reach El Dabe Ritter Trial Lawyers. You can also check out our website to set up a no-cost, no obligation case assessment. Our Los Angeles bicycle collision attorneys can review your circumstances and tell you more about your options for recovering compensation.
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