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Newport Beach Bicycle Accident Lawyer
The main issue with biking is that bicyclists have to share the road with drivers. Whether a truck, bus, car, or motorcycle, all motor vehicles are significantly heavier and faster than any bike. Therefore, even the most minor of collisions have the potential to result in a rider sustaining severe physical damage.
If you were injured in an accident, you should contact a Newport Beach bicycle accident attorney. Depending on your case, you may be able to pursue compensation for both the physical and psychological trauma you suffered as a result of this incident. With the help of a local personal injury attorney, you may be able to achieve a positive outcome for your case.
Bicycle Laws
Under California Vehicle Code §21200, bicyclists have the same rights and responsibilities on the road as anyone operating a motor vehicle. This means that the rider must obey all traffic signals, ride on the right-hand side of the street with the traffic, obey speed limits, stop signs, commands from traffic officers, and all other applicable rules of the road. Additionally, the law requires bicyclists to share the road with drivers. This requirement to share the road, however, could lead to cyclists sustaining harm by negligent drivers. When these accidents occur, victims need to speak with an experienced legal professional for help.
Bicycle Lanes and the Rules for Bike Traffic
Any bicyclist who is traveling slower than the speed of traffic must use a bicycle lane if present under California Vehicle Code §21208. The exception, however, to this rule is if the following conditions are present:
- A rider is overtaking another bike or pedestrian in the bike lane
- A rider is preparing to make a left turn at an intersection or into a driveway
- A rider is attempting to avoid debris or other hazards present in the bike lane
The exceptions to this rule emphasize the importance of providing a Newport Beach bicycle accident attorney with all the facts of a case. When a local lawyer understands the full scenario surrounding an incident, that could offer more thorough consultation and representation.
Pure Comparative Negligence
Understanding the laws applicable to bicyclists is essential for bicycle accident cases because of California’s pure comparative negligence rules. In bicycle collision with a motor vehicle, the driver may claim that, while they are partially to blame for the accident, the biker shares some fault for the incident as well.
The good news for bikers is that even if they are found to be partially at fault for an accident by violating one of the many traffic laws applicable to riders, they may still be able to recover damages. Under pure comparative negligence, for example, if a bicyclist were awarded $100,000 in damages, but were found to be 25 percent to blame for an accident by the court, they would still recover $75,000. A bicycle accident attorney from Newport Beach may be able to help the plaintiff navigate these complex legal claims.
Consult with a Newport Beach Bicycle Accident Attorney Today
Because bicyclists are without the same degree of protection as automobile drivers, an accident has the potential to cause the rider substantial injuries. If you have been in such a collision, you should seek out a consultation with a Newport Beach bicycle accident lawyer. An experienced attorney could help you understand your legal rights and what avenues may be available to you to pursue financial compensation. So, call today and see what could be done for you.