Key Questions to Ask After a Bicycle Accident in California
If you were recently injured in a bicycle accident, many questions are probably running through your mind. You should know your rights and how to get compensation for medical bills and other expenses incurred due to the crash. The following is an overview of some of the most commonly asked questions about bicycle accidents in California.
What Is Considered Negligence in a Bicycle Accident?
In California, negligence occurs when someone's actions, or lack thereof, cause harm to another person. To prove negligence in a bicycle accident case, one must show that the driver of the other vehicle involved failed to act with reasonable care and that this failure resulted in injury or damage. Common types of negligence include:
- Driving while distracted.
- Failing to follow traffic laws.
- Operating a vehicle while under the influence of drugs or alcohol.
Can I Be Compensated if I Was Partially at Fault for My Accident?
Yes. Under California law, even if you were partially responsible for an accident, you may still be able to recover damages. However, any amount you are awarded will be reduced by the percentage of fault the court or jury attributed to you. For example, if it is determined that you are 20% at fault for causing an accident, then any award you receive would be reduced by 20%.
If I'm Injured in a Bicycle Accident, Who Can I Sue?
You can sue any party who was involved in causing the accident, including but not limited to the driver of the vehicle involved in the crash, the owner of the vehicle, and/or their employer (if applicable). Additionally, if your accident was caused by defective equipment, such as a bike part or helmet, you could file a suit against the manufacturer and/or seller.
What is the Statute of Limitations for Bicycle Accidents in California?
In California, an injured cyclist has two years (in most cases) from the date of the accident to seek compensation for their personal injuries and damage. It is important to take prompt action within this two-year period if you have been in a bicycle accident in California. Consulting with an experienced lawyer as soon as possible can help ensure you receive maximum compensation for your losses.
How Much Compensation Can I Receive For My Bicycle Accident?
If you've recently been in a bicycle accident, you may be wondering what kind of compensation you can receive to help cover the costs associated with your medical bills, lost wages, and other damages. This is an understandable concern, as unexpected expenses can add up quickly. Depending on the particular circumstances of your accident, it is possible to receive monetary compensation for damages suffered due to the accident. Our legal team at Caputo & Van Der Walde LLP can help guide you through the process of building a personal injury claim and calculate how much compensation you may be entitled to, depending upon the details of your case. Read on to learn how to get started.
Contact Caputo & Van Der Walde LLPToday To Learn Your Rights
If you have been injured due to someone else's negligence while riding your bicycle in San Jose, understanding your rights and legal options is essential to seek justice and compensation for your losses. An experienced personal injury attorney can help guide you through this process so that your rights are protected every step of the way.
Contact us at (800) 900-0863 or complete this short form to schedule a free consultation today.