Tustin Bicycle Accident Lawyer

Given its year-round sunshine and easy access to both the ocean and mountains, Tustin can be an ideal location for bicycling. With so many cars and other motor vehicles on the roadways across the state, though, accidents can happen that have serious consequences.

When they do, having a seasoned personal injury attorney by your side could be helpful. If you were injured while riding a bicycle, a Tustin bicycle accident lawyer could help determine whether you have a case for recovering monetary damages and work with you to hold negligent parties accountable.

Common Type of Injuries

Tustin motor vehicle traffic is extremely congested and a threat to the safety of cyclists. Even bicycle riders wearing helmets are vulnerable to serious injuries when struck by a car, truck, or bus. Depending on the severity of the injury, victims may require hospitalization and long-term care.

Tustin bicycle crash injuries could include:

While no one suspects that they could become a victim at the hands of a negligent driver, accidents still happen. Retaining an experienced Tustin cyclist injury attorney could be a good idea for anyone looking to explore their options for financial recovery after a wreck.

How Negligence Affects a Bike Collision

Despite California’s recently enacted “Three Feet for Safety Act” that requires motorists to maintain at least three feet between their vehicles and bicyclists, collisions still happen. Depending on the circumstances of a victim’s claim, a bicycle accident lawyer in Tustin may be able to make a case for damages based on recklessness and negligence.

California state law defines negligence as failing to exercise the sort of care that a reasonably prudent person would have exercised in the same circumstances. Examples of negligent behavior might include forgetting to check a blind spot, rolling through a stop sign, or making a turn without checking the crosswalk for pedestrians.

Recklessness, conversely, is engaging in behavior without regard to the danger or risks that conduct may impose. Examples could include speeding in a school zone, driving at the speed limit in perilous weather conditions, or driving under the influence of alcohol or drugs.

Recovering Compensation for a Bicycle Crash in Tustin

When an accident occurs due to the negligent actions of another, the victim may be eligible to file a claim for compensation. In Tustin, accident victims have to file their claim within two years from the date of injury, or two years from the date of death in a wrongful death action. If the claim is not filed within the filing deadline, injured claimants may not be eligible to recover compensation for damages. This relief covers both economic and non-economic losses.

Economic losses may refer to hospital or doctor bills, lost wages, nursing care, and burial costs in the event of a wrongful death claim. Non-economic losses could include pain and suffering, mental anguish, and loss of consortium/companionship.

Punitive or Exemplary Damages

California Civil Code § 3294 permits plaintiffs to recover additional damages when they can prove by clear and convincing evidence that a defendant has acted with malice, oppression, or fraud. In the case of a bike accident, punitive damages might be awarded where, for instance, a motorist intentionally hit a cyclist in a fit of road rage.

There is no cap on these damages, but the United States Supreme Court has held that they must be proportionate to the compensatory damage award. A qualified bike wreck lawyer in Tustin could help a plaintiff determine whether punitive damages may be available in their case.

Connect with a Tustin Bicycle Accident Attorney

If a bike accident has left you or a loved one with serious injuries and mounting bills, a Tustin bicycle accident lawyer could review your case and devise a plan of action to pursue damages on your behalf. After reading the relevant police reports, evaluating insurance documents, and interviewing witnesses, your attorney could serve a demand on the motorist’s insurance company or decide to file a lawsuit. Call today to learn more about your rights and potential recovery.