Carmichael Bicycle Accident Lawyer
Over the last decade, California has become increasingly cycling friendly. Much of the Sacramento area has been recently improved with bike lanes and cycling paths. As people seek to become healthier and enjoy the outdoors, cycling has become a major hobby for a myriad of different people. It is a shame, however, that many drivers still have not learned how to share the road, or fail to exercise the necessary caution and vigilance when approaching an intersection or stop light.
For example, a bicyclist lost his life after being struck by an SUV in Carmichael. The bicyclist was on El Camino Avenue near Laurence Avenue when an SUV slammed into him according to Fox 40 News.
Bicycling Accidents and California Negligence Law
Under California law, to hold a driver liable for the injuries you or a loved one suffered in a collision, there needs to be evidence that the driver was negligent. A driver is generally considered negligent when they owed a legal duty to another person, failed to act reasonably in light of that duty, and caused an injury. Essentially, a person commits negligence when they are either careless or reckless in a way that puts life or limb in danger.
Negligence law applies to most roadway accident scenarios, including collisions between bicyclists and motorists. A car that runs a red light and hits another car is negligent. A car that changes lanes without noticing the motorcycle in the other lane is negligent. The same is true with regard to bicycles and bicycle accidents.
There are many different ways that negligence can occur that could impact cyclists and cause a crash and injury. Among some of the most common causes of cycling accidents are the following scenarios:
- Side swipes in bike lanes;
- Failure to look before changing lanes;
- “Dooring,” or otherwise creating a hazard for a cyclist; and
- Collisions in crosswalks or in driveways while a car is turning.
These types of preventable accidents are pervasive and occur on a regular basis in and around Carmichael. Across Sacramento, almost 600 people are either injured or killed in reported cycling accidents on an annual basis. As more people turn to bicycles as an alternative means of healthy, inexpensive transportation or recreation, those numbers will continue to rise.
What You Should Know Before Filing a Personal Injury Lawsuit
In California, filing a personal injury lawsuit is no small endeavor. The legal process can be incredibly complex. First, you should be aware of the statute of limitations governing personal injury lawsuits. The statute of limitations is a legal filing time limit set forth by the California legislature.
The personal injury claim statute of limitations in California is two years. This means that any claim filed after the two year period will likely be dismissed. If you plan to file a legal claim against a governmental agency (perhaps you were injured when your bicycle flipped over a large and dangerous crack in an uneven sidewalk), you must notify the government agency within six months of sustaining your injury.
Second, you will need to understand the various parties to a lawsuit. Most importantly, you will need to be able to identify the person that caused your injuries and be able to identify their insurance carrier. This is because the defendant's auto insurance company will probably provide the legal defense for the driver and participate in settlement negotiations. If you were the victim of a hit-and-run accident, you can still pursue a financial recovery by filing a claim with your own auto insurance company by accessing your uninsured motorist coverage.Contact an Experienced Carmichael Bicycle Accident Attorney to Discuss Your Legal Options
I’m Ed Smith, a Carmichael Bicycle Accident Lawyer. If you or someone that you love has been seriously hurt or killed due to a negligent motorist, please reach out to me at 916.921.6400. I am available now to provide you with fast, free, friendly advice at no obligation to you.
I am truly proud to wake up every day and work to help accident victims pursue the compensation they deserve, and need, to help put their lives back together. I work on a contingency-fee basis, which means that I only get paid when a financial recovery is obtained for you, typically through a settlement or jury verdict. Contact my office today to schedule a free, confidential consultation.
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:sb [cs 809 bw] L@T 11.14.17