It’s important to understand your rights and available legal avenues if you suffer a bicycle accident in California. The state saw nearly 9,000 bicycle accidents leading to injury or death in 2022. Accidents can lead to legal complications as well as injuries and financial hardships.
Fortunately, California has laws to protect cyclists, ensuring you get the compensation and the justice that you deserve. These laws protect you in the event of an accident between motor vehicles and cyclists.
Right to Compensation
You have the right to seek compensation if you are involved in a bicycle accident due to another person’s negligence. You can recover damages for pain, suffering, property damage, lost wages and medical expenses.
California’s personal injury laws state that the at-fault party’s insurance company is typically responsible for covering your damages. However, if the motorist doesn’t have enough insurance or none at all, you might have to use your own insurance policy’s uninsured motorist coverage to seek compensation.
What is Comparative Negligence Law
Comparative negligence law pertains to a rule in the state of California. This rule holds that you’re still able to recover damages, even if you are partially at fault for the accident. Of course, your compensation might be reduced according to the percentage you are at fault.
If you’re 20% responsible for the accident, your damages are reduced by 20%. This protects cyclists, allowing them the right to claim compensation despite sharing responsibility for the accident. A seasoned California auto injury lawyer can help you get the max.
Motorists Have Legal Obligations
Did you know that the state of California obligates motorists to respect certain rules about on-road safety and cyclists? For example, motorists must maintain a distance of 3 feet when overtaking a cyclist. This is the “Three Feet for Safety Act.”
If violation of this law results in an accident with a cyclist, the driver may be held liable. Drivers can also be held liable if they drive recklessly or while impaired and have an accident with a cyclist, making them subject to criminal charges and civil liability.
It’s Time to Seek Legal Assistance
It’s confusing and intimidating to navigate the legal system after you’re in a bicycle accident. Don’t waste time, you have just two years after an accident to file a personal injury claim. Consult with a California personal injury attorney who focuses on bicycle accidents.
Their expertise is critical to helping you secure the most fair compensation, including the max owed to you. Attorneys represent you in court, liaise with insurance companies and help gather all of the relevant evidence.
