Southern California is the perfect place to ride a bike. While many Californians understand what it means to share the road, some do not. Escondido bicycle accidents can result in serious injuries due to the simple fact that bicycle riders are far less protected than those in motor vehicles.
Anyone who has been injured in a California bike accident should contact an Escondido bicycle accident lawyer to review their situation and determine their legal options – before settling with an insurance company.
It is important to keep in mind that insurance companies often pay far less than they are required to when injured victims are not represented by an experienced attorney.
California Bicycle Accidents
California bicycle accidents happen when cars, trucks, and buses fail to share the road with bicyclists, when drivers text and drive simultaneously, or when drivers run red lights.
These are only a few of the many possible bicycle accident causes and injured victims should remember that, while driver error can often be the cause, other factors may also be involved such as poor road conditions, inadequate lane space due to construction zones, or faulty brakes or tires.
The bottom line is that there are generally many possible defendants in a California bicycle accident injury lawsuit. An experienced Escondido bicycle accident attorney can review all aspects of the situation and determine who might be at fault.
Determining Negligence
California follows comparative negligence laws. Essentially, that means a plaintiff can still recover for damages even if they were partially negligent – as long as their negligence does not exceed 49 percent.
If a plaintiff is 50 percent or more at fault for their injuries, they cannot pursue a personal injury case against the other party. In addition, a plaintiff’s damages will be reduced in proportion to their degree of fault.
California negligence laws can be complicated, especially when the fault is divided amongst several drivers or other parties are involved, such as auto parts manufacturing companies who manufactured defective parts or governmental entities who failed to properly maintain roadways.
Potential Damages
Many California bicycle accidents result in catastrophic injuries such as broken bones, traumatic brain injuries, spinal cord injuries, and other debilitating conditions which can require surgery, rehabilitation, and result in lost income.
However, compensation in a personal injury lawsuit addresses both economic and non-economic damages.
- Economic damages. Economic damages include medical bills, hospital costs, lost income, property damage, bicycle repairs, and anything which can be easily ascertained from records, bills, or other documents.
- Non-economic damages. Non-economic damages include physical pain and suffering, emotional distress, loss of enjoyment of life, worsening of previous injuries, and anything which generally cannot be easily ascertained from records, bills, or other documents. In most situations, experts are used for valuation purposes.
While every situation is different, an Escondido bicycle accident lawyer can determine the types of damages which might be available to bicycle accident victims.
It is important for injured victims to have a clear picture of their medical and financial future before accepting an insurance settlement. In many cases, the extent of bicycle accident injuries may not be apparent for months afterward and settling for too little, too fast is far too common.
Talk to an Escondido Bicycle Accident Attorney Today
Contact an experienced Escondido bicycle accident lawyer to review your situation, determine your legal options, and be an advocate for you against insurance company lawyers and agents.
Keep in mind that California’s statute of limitations generally only provides two years in which to file a personal injury claim.
