Getting hit by a driver while you are cycling on the road is a scary and traumatic experience. If your bicycle crash has caused you serious injuries, it is vital to seek medical care as soon as possible and protect your right to fair compensation.
How is driver negligence determined?
In California, bicycle owners have the same rights on the road as the other motor vehicle owners. Because you follow the same traffic laws as them, you can have a clear idea of which traffic violation or reckless driving behavior the “other driver” made that has led to your crash.
To prove fault in your personal injury case, you need to determine the other driver’s liability by showing evidence that their actions were negligent. Five common actions that can help highlight their fault include:
- They disobeyed traffic laws
- They failed to yield to cyclists
- They were speeding in a bike zone
- They were careless in their door opening
- They were drunk driving
Since California is a pure comparative negligence state, you can seek compensation for your damages even if you were partially responsible for the accident. However, your total compensation amount will vary depending on each side’s percentage of “fault” or negligence.
How long is the statute of limitations?
You will have two years from the date of your bicycle crash to file your personal injury claim and/or lawsuit. If you are a minor, your statute of limitations will pause until you turn 18 years of age.
Keep in mind that if you fail to file your claim and/or lawsuit within the given timeline, the court may dismiss your case, resulting in your loss of right to seek compensation.
Your bicycle crash should not leave you with medical debt
Getting injured in an accident can lead to costly medical expenses and potential absences from work. While this thought is dreadful, you need to remember that you have the right to seek compensation for your damages.
By understanding the state’s personal injury laws, you can go through the legal process with minimal hurdles and receive the financial support you deserve.