What Are Your Rights If You’ve Been Injured In A Bicycle Accident?

If you live in a big city in California, you’ll see hundreds of bicyclists zooming around town on a typical day. Some are recreational bicyclists, while others use their bikes to commute to work. Other bicyclists are providing services with their bicycles, such as acting as office couriers or delivering food. 

But cycling can be hazardous to your health. Bicyclists, like motorcyclists, are not safeguarded by protection measures found in passenger vehicles and face comparatively high exposure to injury risks in crashes on the roadway. In the absence of separate bike lanes, trails, or paths, bicyclists may be required to cycle on a busy roadway. Bicyclists are also more susceptible to outdoor elements such as weather and road surface conditions, which can cause safety concerns. Many bicycle accidents result in catastrophic injuries.

 Elements of a Legal Claim for a Bicycle Accident

If you’ve been injured in a bicycle accident, you may have a claim if your injuries were related to the negligence of another party. In California, to prove your personal injury claim, you must show the following legal elements:

• The defendant had a duty of care to you,
• The defendant breached that duty of care,
• The breach of that duty was the proximate cause of your injuries, and
• Your injuries are compensable.

Let’s turn first to the question of whether the defendant had a duty of care to you. It is well established in California that all drivers owe a duty of care to others on the road. So if you were injured by a person who was engaging in negligent activity, such as driving under the influence, texting, or failing to follow the speed limit or other traffic rules and regulations, depending upon the facts, this driver could be found to have breached a duty to you. 

Similarly, if you were injured on a city bike lane or country path due to an obstruction or poor maintenance, the governmental entity could be liable if it had a duty of care to you and breached that duty. In most cases, as a general proposition, a governmental body has a duty to keep its bike paths and bike lanes safe for users and a duty to warn of dangers and obstacles.

Damages to Which an Injured Party May Be Entitled

If you are able to prove that another party had a legal duty to you that was breached, and that your injuries are the result of that breach, you are entitled to recover your damages. These include economic and non-economic damages. Economic damages are out-of-pocket expenses, such as medical and rehabilitation costs, prescription drugs, home healthcare expenses, and the like. Your lost wages are also included in economic damages. Non-economic damages are those that are harder to quantify, including pain and suffering, emotional distress, loss of consortium, and similar losses.

Note that if the defendant engaged in particularly egregious behavior, your Santa Ana bicycle accident attorney may decide to pursue punitive damages. An example of this might be where the driver had previously received numerous warnings or tickets for driving violations.

Comparative Negligence

California courts apply the legal principle of comparative negligence in evaluating liability and compensation. This principle acknowledges that accidents typically have shared fault by both parties. After a thorough review of the facts, the court assigns a percentage of fault to the parties. If the bicyclist has failed to follow road signs, engaged in distracted behavior, or took other actions or failed to act in ways that contributed to the accident, the compensation is reduced accordingly. So, for example, if the damages were assessed at $ 100,000 and the bicyclist was determined to be 30% at fault, the damage award would be reduced to $70,000 ($100,000 – $30,000).

Statute of Limitations

The statute of limitations is the period of time during which you may bring a lawsuit in California. In most cases of personal injury, including bicycle accidents, the statute of limitations is two years from the date of the accident. There are many actions to be taken during this period of time to prepare for a trial, so it’s important not to delay in contacting an attorney if you’ve been injured in a bicycle accident due to the actions of others. 

Contact the Law Offices of Benjamin Arsenian PC

Cycling can lead to a healthier lifestyle and allow you to appreciate the wonders of the California outdoors in a way you can’t in a car. But it’s essential to always be aware that you’re in an exposed situation. Be careful to follow the road rules and stay aware of your surroundings.
If you do get into an accident that is the result of the negligence of another party, don’t delay in contacting the Law Offices of Benjamin Arsenian. We take the time to carefully review and assess your case to help you understand if it is in your best interest to pursue a legal claim for your accident. Our years of experience make us the right choice for you. Contact us today for a no-risk, free confidential consultation.