How to Get Compensation After a California Bicycle Accident
California cyclists injured due to negligent drivers, dangerous road conditions, or careless pedestrians are entitled to seek legal recourse for damages. You may be eligible to recover monetary compensation for medical expenses, lost wages, and other financial burdens if you prove liability in a bicycle accident claim.
California abides by a fault-based system for traffic accidents caused by someone else’s negligence. You may file an insurance claim through the liable party’s insurance carrier, initiate a lawsuit, or file a claim under your own insurance policy. Speak with a highly qualified lawyer to identify your best path to recovering maximum compensation for your losses.
How to Prove Fault in a California Bicycle Accident?
In California, the legal concept of fault in a bicycle accident is determined by negligence. To prove fault in a bicycle accident, the victim must establish the following four elements in a bicycle accident claim:
- Legal duty: The liable party owed you a reasonable duty of care to avoid harming others
- Breach of duty: The liable party breached their duty by acting negligently; For example, failing to yield, speeding through a stoplight, or failing to abide by other traffic laws
- Causation: Their breach of duty was the direct cause of your injuries
- Damages: You suffered damages due to their breach of duty. For example, accident-related injuries, medical expenses, lost wages, property damage, and others
To prove fault, you bear the burden of proof and must present evidence that supports each element of negligence. Evidence may include eyewitness testimony, police reports, medical records, and other relevant documents.
In a California bicycle accident, the fault may be attributed to a vehicle driver, the cyclist, or both, as California is a comparative negligence state. Fault is apportioned between parties involved in the accident based on the degree of negligence.
Even if you are found to be partially at fault, you may still be able to recover damages, although the percentage of fault may reduce damages. Retaining a bicycle accident lawyer is essential to obtaining the maximum compensation you are owed and proving the full degree of negligence by the at-fault party.
What Compensation am I Eligible to Recover in a Successful Bicycle Accident Claim?
Depending on the unique circumstances of your accident, you may be eligible to recover the following economic and non-economic damages in a successful bicycle accident claim:
- Medical bills
- Lost wages
- Reduced earning potential
- Property repair or replacement
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Impairment, disability, or scarring
In some cases, cyclists may be entitled to recover punitive damages. However, you must show malicious, intentional, or extreme conduct by the liable party.
At Eric Ratinoff Law Corp., we can assess the value of your claim by reviewing relevant documentation, such as pay stubs, medical receipts, and other evidence that demonstrates monetary and emotional losses, to recover the maximum compensation you deserve.
Speak With the Highly Qualified Lawyers at Eric Ratinoff Law Corp.
If you have suffered injuries due to someone else’s negligence in a bicycle accident in California, you have a legal right to hold them accountable for damages. At Eric Ratinoff Law Corp., we know that financial, emotional, and physical losses add up. A bicycle accident can severely alter life as you know it. We fight to recover the maximum compensation you deserve. We conduct an in-depth investigation and gather the necessary evidence to prove liability. We advocate for your best interests every step of the way.