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As a Californian, you might already be aware of the increasing number of bicycle accidents in the state. With cycling on the rise for leisure, exercise, and commuting, bicycle accidents have become a common occurrence on California roads. Unfortunately, these accidents often result in serious injuries and fatalities for cyclists. If you or a loved one has been involved in a bicycle accident, it is important to understand your legal rights in California.
1. Bicycle Accident Laws in California: California has specific laws that safeguard cyclists on the road. Under California Vehicle Code Section 21200, bicyclists have the same rights and responsibilities as drivers of motor vehicles. This means that they are entitled to use the roadway and are required to follow traffic laws. Drivers of motor vehicles are also required to give bicyclists at least three feet of space when passing.
2. Negligence and Liability: In California, if a driver of a motor vehicle is found to be negligent in causing a bicycle accident, they may be liable for the damages suffered by the cyclist. This includes medical bills, lost wages, pain and suffering, and property damage. Negligence can include speeding, distracted driving, failure to yield, and driving under the influence of drugs or alcohol.
3. Statute of Limitations: It is important to note that there is a statute of limitations on bringing a claim for a bicycle accident. In California, you have two years from the date of the accident to file a personal injury lawsuit. If you do not file within this timeframe, you may lose your right to seek compensation.
4. Contributory Negligence: It is also important to note that under California law, if a cyclist is found to be partially at fault for the accident, their compensation may be reduced. For example, if a cyclist was not wearing a helmet at the time of the accident, their compensation may be reduced even if the driver of the motor vehicle was at fault.
5. Hiring a Personal Injury Attorney: If you have been involved in a bicycle accident in California, it is important to seek the help of a personal injury attorney. An experienced attorney can help you navigate the legal process and ensure that you receive fair compensation for your injuries and damages. They can also assist you in communicating with insurance companies and gathering evidence to support your claim.
As a cyclist, it is important to know your legal rights and what to do in the event of a bicycle accident. If you or a loved one has been involved in a bicycle accident, it is important to seek the help of an experienced personal injury attorney in California. They can help you navigate the legal process and ensure that you receive the compensation you deserve. By understanding your legal rights and taking action, we can work together to make California roads safer for all cyclists.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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