Anaheim Bicycle Accident Lawyer 

Riding a bicycle can be the most efficient mode of transportation for many people. Especially in the high traffic Los Angeles area, a bike’s smaller profile can allow riders to move quickly through heavily populated areas. However, bicycling is not without its dangers. Many drivers of cars and trucks do not afford bike riders the protections that the law requires.

As a result, many people are hit while riding their bikes and are seriously injured. Bikers have the same right to sue for their damages as anyone else who is injured due to someone else’s negligence. An Anaheim bicycle accident lawyer can help you fight for the compensation that you deserve. Get in touch with a capable personal injury attorney that can protect your rights, and fight for you.

Do Bicyclists Have Rights When Riding in the Road?

People who have been injured in a collision with a motor vehicle while riding their bike may be confused as to their rights. Many drivers pay little attention to bike riders and so bicyclists may believe that they are not protected while riding. This could not be further from the truth. Drivers have a duty to protect all other people on the road and this includes bikers. If a driver is found to be at-fault in the collision, a bike rider may sue the driver for negligence.

Bike Accident Laws in California

The vast majority of collisions between bike riders and motorists are accidental. Even if the motorist refuses to yield to bicyclists as required by law, it cannot be said that a collision was intentional.

Despite this, California law allows people injured in accidents to sue the responsible party for damages. This is done through the legal theory known as negligence.

Anyone who is not at-fault in a car accident, whether they be another driver, a passenger, a pedestrian or a bike rider can be the plaintiff in a negligence suit to recover compensation for their injuries.

Elements of Negligence

Negligence requires that a plaintiff prove five elements. If any of these parts fail, the case will fail as a whole. These elements are:

  • Duty – In some situations, the law creates a responsibility for people to protect others. This is known as the duty of care. This is never automatic, but people can do things to assume this duty. Driving a car is a classic example. All drivers assume a duty to protect all other people they may encounter on the road, including bicyclists
  • Breach – When the person with the duty takes an action that causes the protected person to be hurt, the duty is said to be breached. This can be done by violating a law, such as by ignoring a stop sign, or by simple careless driving
  • Cause – The injuries must be shown to be the result of the breach of the duty of care
  • Scope – The injuries sustained must have been foreseeable from the facts of the claim. Since bike riders can suffer severe injuries or even death from car collisions, this element is rarely contested
  • Damages – Any claim alleging negligence must be centered on a physical harm. Other damages, like lost time at work or mental suffering, can be added on

What are the Statute of Limitations for Bike Accidents?

People who have been injured should also keep in mind that there is a limited time to file a claim. California Rule of Civil Procedure 335.1 states that all actions alleging negligence must be started within two years of the incident. Known as the statute of limitations, if this time limit passes, the plaintiff’s case will fail. If individuals wish to file a case, they reach out to an Anaheim bicycle accident attorney that can begin working on their case within the allotted time.

Speak with an Anaheim Bicycle Accident Attorney Today

An Anaheim bicycle accident lawyer can represent you in your claims against the drivers and their insurance companies. Your lawyer can keep insurance companies off of your back so that you can focus on recovering. By applying the law to your case, an attorney can try to settle your case without needing to go to court. Time is limited to file a claim so do not delay, contact a lawyer.