In bicycle accident cases, fault is determined based on the legal concept of negligence. All those who share the road – cars, trucks, bicycles, motorcycles, and pedestrians – owe others a duty of care as they travel. Breaching that duty of care constitutes negligence, and those who are negligent, or “at fault” after an accident, are typically held responsible for paying out damages to the injured party after an accident they caused.
As a bicyclist, whether you take leisurely strolls around a neighborhood or train for events out on the streets, negligent or reckless driving from another person or hazardous road conditions can cause you significant grief for a very long time. If a car, truck, pedestrian or even another bicycle are found to be operating negligently, and cause you to suffer an injury, you deserve to hold that party accountable in order to earn damages for what you have suffered.
Lawyers use evidence to establish fault in bicycle accident cases. All bicyclists need to follow specific road safety rules, such as riding in the designated bike lane. But cars, too, have rules to follow, so your lawyer will assess which rules were broken and laws were breached in order to determine who caused the accident. Speed limits, driver safety, and weather conditions will all be a factor in determining fault in your bicycle accident case.
When fault is established, one party is held accountable, and you as the victim can be awarded compensation for your medical bills, lost wages, and pain and suffering after a bad bicycle accident.
Can I Still Receive Compensation If I’m Partially At Fault After A Bicycle Accident?
Determining fault after an accident can be an elaborate process. Not every accident is caused by only one person’s actions. Many accidents, bicycle accidents included, are often a result of busy streets and heavy traffic, where many different methods of transportation come into play.
If you believe you are partially at fault after a bicycle accident, you can still take legal action to hold the car, truck, or motorcycle that hit you accountable. You can still receive compensation if you are partially at fault. As a bicycle accident victim, you should still speak with a lawyer even if you are unsure how much of the accident is a result of your actions.
California is a comparative negligence state, which means that fault is broken up into percentages after any accident. If you were riding out of the bicycle lane and got hit by a car, you might be placed with 30% of the fault after the accident, as you were breaking the rules set in place to keep you and others safe. But if the car that hit you failed to brake, was distracted while driving, or was speeding, they might be placed with 70% of the fault. This means, you would only be responsible for paying for your percentage of the accident, which is only 30%.
Generally, for circumstances where even the smallest parts of your life are impacted by an injury sustained in a bicycle accident, the bicycle accident attorneys at The Accident Network Law Group can seek damages on behalf of the pain and suffering you have gone through, present and future lost wages, and expensive medical bills you have and will continue to accrue.
What Kind Of Compensation Can I Receive After A Bicycle Accident?
Personal injury recovery is the amount that comes from a lawsuit or insurance settlement to compensate someone for physical and mental suffering, including injury to body, injury to reputation, or both. Compensation comes in many different forms, depending on the unique circumstances of your accident.
If you have become injured after your bicycle accident, your lawyer will work to establish the fault of the opposing party, therefore demonstrating that you deserve to be paid for your medical bills. After a bad accident, you should not have to be burdened with the high cost of medical care, especially if the accident isn’t entirely your fault. Many personal injury cases result in medical bill compensation, which can cover the cost of hospital care, doctor’s office visits, prescription drugs and rehabilitative care.
Your bicycle accident lawyer will also work to secure you compensation for your lost wages. If you have spent time away from work as a direct result of the injuries you sustained in your accident, lost wage compensation seeks to reimburse you for the money you are missing in your paycheck.
There are other avenues of compensation that can be awarded to a bicycle accident victim, depending on the nature of the case. Punitive damages are considered punishment and are typically awarded at the court’s discretion when the at-fault party’s behavior is found to be especially harmful. In these especially harmful cases, sometimes pain and suffering damages is awarded to the victim as well, in order to compensate them for the hardship they wrongfully endured.
How Much Does It Cost To Speak With A Personal Injury Lawyer?
If you have suffered a bicycle accident in the state of California, speak to a personal injury lawyer right away. Even if you are unsure of who is at fault, a bicycle accident lawyer will assess the facts of your case and provide you with clear options for recovery moving forward.
Not all California bicycle accident lawyers offer a free consultation for their services. At The Accident Network Law Group, we never charge for an initial consultation, and we never will. We are committed to providing California accident victims with the help they need, when they need it. Your initial consultation with our lawyers comes at no charge and no obligation to you. When you work with us, you pay no fees unless we win your case.
If you or a loved one have suffered a bicycle accident in California and you are not sure who’s at fault, schedule your free consultation with The Accident Network Law Group as soon as possible. Call our law offices today at (951) 291-0976 or send us an email at [email protected]