Bicycle Car Accident
Orange County, CA Bicycle Accident Lawyers
When a bicycle and a car are involved in a collision resulting in personal injury in California, it raises specific legal considerations. Here are some key points to understand about bicycle versus car personal injury cases in California:
- Bicyclist’s Right to Share the Road: California law recognizes the right of bicyclists to share the road with motor vehicles. Bicyclists are generally subject to the same rights and responsibilities as drivers of motor vehicles.
- Duty of Care: Both drivers and bicyclists have a duty to exercise reasonable care to prevent accidents and injuries. Drivers must be attentive, keep a safe distance from bicyclists, and yield the right of way when necessary. Bicyclists must follow traffic laws, use proper signaling, and exercise caution to avoid accidents.
- Comparative Negligence: California follows the doctrine of comparative negligence, which means that liability for a bicycle versus car accident can be shared between the parties involved. Even if the bicyclist is partially at fault for the accident, they may still be entitled to compensation. However, their compensation may be reduced based on their degree of fault.
- Vulnerable Road Users: California has specific laws to protect vulnerable road users, including bicyclists. Drivers are required to give a minimum three-foot distance when passing a bicyclist, and they must exercise additional caution around vulnerable road users.
- Evidence and Documentation: Gathering evidence is crucial in bicycle versus car personal injury cases. This may include obtaining witness statements, photographs or videos of the accident scene, obtaining copies of police reports, and collecting medical records related to the injuries sustained.
- Insurance Coverage: Car owners in California are required to carry liability insurance coverage. This insurance may provide compensation for injured bicyclists. Additionally, bicyclists may have their own insurance coverage, such as uninsured/underinsured motorist coverage, which can apply in hit-and-run situations or accidents involving drivers without sufficient insurance.
- Statute of Limitations: The statute of limitations for filing a personal injury lawsuit related to a bicycle versus car accident in California is generally two years from the date of the accident. However, exceptions may apply depending on the circumstances, so it’s important to consult with an attorney to understand the specific deadlines that apply to your case.
If you are involved in a bicycle versus car personal injury case in California, it is highly recommended to consult with a personal injury attorney who specializes in these types of accidents. They can provide guidance, protect your rights, assess liability, and assist you in seeking fair compensation for your injuries and damages.