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Being injured as a cyclist can be physically, emotionally, and financially draining. You may have collided with another bicyclist on Bayshore Bikeway or been hit by a driver on Telegraph Canyon Road. Depending on the specific nature of your accident, you may be looking at lifelong injuries that will require ongoing medical care. Furthermore, your ability to work may be greatly diminished due to your injuries.
Emotionally, you may be traumatized from the incident and suffering due to difficulty sleeping or anxiety. When you are stressed and injured due to a cycling disaster, a Chula Vista bicycle accident lawyer with our law firm, Sargent Law Firm Injury Lawyers, can help take care of the legal issues at hand for you.
As avid cyclists, our Chula Vista personal injury lawyers are very passionate about helping fellow cyclists pursue fair compensation and moving forward after an accident. Call us today. The initial consultation is always free.
Chula Vista Bicyclists Share the Roads and Laws With Motorists
The City of Chula Vista encourages biking and has provided bike routes and lanes throughout the city to make biking easier. However, bicyclists are required to follow the rules of the road, similar to drivers and motorcyclists.
Bicyclists have the same responsibilities as drivers and must ride in the same direction as traffic. They must also follow all traffic signals and signs.
In cases where cars or motorcycles are not allowed to make a U-turn, neither can bicyclists unless they fully dismount from the bike. Bikers may ride on the sidewalk in residential areas but not in business areas or where signs prohibit it.
We Determine Negligence and Liability in Your Chula Vista Case
In order for a bicycle accident attorney to prove the other person was responsible for your injuries, they have to prove the other party was negligent. To prove negligence, a lawyer must show that the four elements of negligence have been met:
Duty of Care: The At-Fault Party’s Legal Obligation to You
Generally, people owe each other a duty to act as reasonably as possible under comparable circumstances. When on the road, this means obeying traffic signs and laws.
Breach of Duty: The Decision to Violate Their Obligations
This duty is breached when a person fails to act as other people would have. For example, if the bike accident involved a driver speeding through a red-light intersection, they have breached their legal responsibilities.
Causation: The Result of Their Poor Choices
Causation has two parts to it: actual cause and proximate cause:
- Actual cause, under California’s substantial factor test, means the other person’s negligent conduct must have been a substantial factor in causing your accident.
- Proximate cause means the consequences of the careless behavior were foreseeable. An intervening event, something that happens between the negligent act and your injury, only breaks this chain of liability if that event itself was unforeseeable. A foreseeable intervening event does not relieve the at-fault party of responsibility.
For example, if a driver runs a red light, causing another car to injure you, the first driver cannot claim that there was an unforeseeable intervening cause because running a red light can cause accidents.
Damages: Your Measurable Losses and Injuries
Damage usually refers to any physical injuries you may have suffered. In a transportation accident, it can also include property damage to your bicycle.
Typically, damages include such things as:
- Medical expenses
- Ongoing healthcare
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Scarring and disability
Without the protection a modern car provides drivers, cyclists often suffer catastrophic injuries, such as traumatic brain injuries (TBI), spinal cord damage, and broken bones. Sadly, there is also the possibility of death. If you have lost a loved one, our wrongful death attorneys can provide you with the compassionate support you need to pursue justice and compensation for your lost loved one.
Pure Comparative Negligence Following a Bike Accident in California
At Sargent Law Firm Injury Lawyers, our goal is to get you the best compensation for your injuries and losses. We can investigate your accident and gather evidence, such as medical records, the Chula Vista Police Department accident report, and photos from the accident scene, to build the strongest personal injury claim for you.
In some cases, though, both you and the other person may be negligent. In those situations, you can still recover compensation in California. Under California law, your settlement is reduced by your degree of fault.
However, insurance adjusters are aware of this doctrine and will try to place greater blame on you to reduce their payout. We know their tactics and will counter them with the evidence we gather.
It’s free to speak with us and learn the value of your case today.
Call Us NowYou Must Start Your Claim Before Two Years Pass
Personal injury lawsuits have a legal deadline known as a statute of limitations. If you were involved in a bicycle accident, you have two years from the date of the incident to bring your case to the San Diego County courts, per CCP § 335.1. If you fail to meet this deadline, you may not be able to pursue compensation. The courts could dismiss your case, and the insurance companies will have nothing to compel them to negotiate a settlement.
You must also consider evidence. If you wait too long, evidence could be lost. Cars can be repaired, accidents swept away, videos erased, and memories fade.
We advise contacting us as soon as possible. We can step in immediately, inform the insurance companies you are represented, and start gathering evidence before it is lost or destroyed.
What You Should Do After Suffering Injuries in a Chula Vista Bicycle Wreck
If you have been involved in a bike accident, please take these steps to protect your health and your claim:
- If possible, move to a safe location
- Call 911 for emergency responders and police
- Exchange information with the other driver
- Collect contact information from any witnesses
- Take photos and notes about the accident scene
- See a doctor as soon as possible at Scripps Mercy or at a similar facility
- Do not admit fault
Once you have seen a doctor and things have calmed down, call Sargent Law Firm Injury Lawyers.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationContact a Chula Vista Bicycle Accident Attorney Today
After suffering from a bicycle accident due to someone else’s negligence, our Chula Vista bicycle accident lawyer can provide you with legal options ranging from lawsuits to negotiation.
Contact Sargent Law Firm Injury Lawyers for a free case consultation. We work on a contingency basis, so you pay nothing up front. We receive our attorney’s fees when you win. If you don’t win, you pay nothing.
Call today.
Frequently Asked Questions
Does not wearing a helmet affect my bicycle accident settlement in Chula Vista?
Possibly. While California only requires helmets for riders under 18, VEH § 21212, an insurer may argue that not wearing a helmet as an adult contributed to your injuries in Chula Vista. Under California’s pure comparative fault rule, this could reduce your settlement by your assigned percentage of fault.
What if I was riding an e-bike when I was injured in Chula Vista — does that change my claim?
It can. California classifies e-bikes into three classes, each with different speed limits and where they can be ridden. Your e-bike’s classification and where you were riding at the time of your Chula Vista accident may affect how liability and fault are determined in your claim.
How long does a bicycle accident settlement typically take to resolve in Chula Vista?
Bicycle accident settlements in Chula Vista typically take anywhere from a few months to over two years to resolve. Factors like injury severity, disputed liability, and insurer cooperation all affect the timeline. Cases involving catastrophic injuries or uncooperative insurers generally take longer and are more likely to proceed to trial.
What if a pothole or poorly maintained bike lane in Chula Vista caused my bicycle accident?
If a pothole or poorly maintained bike lane caused your bicycle accident in Chula Vista, you may have a claim against the City of Chula Vista. However, a government tort claim must be filed within six months of the injury, per GOV § 911.2. Missing this deadline can permanently bar your right to compensation.
