East Sacramento Bicycle Accident Lawyer

Sacramento features many fantastic bike trails surrounded by beautiful scenery. Sacramento also tries to accommodate bicyclists on public roads whenever feasible with established bike lanes. Unfortunately, even with bike lanes, there is a serious risk of a bicyclist getting hit by a motorist in and around the East Sacramento area.

An example of the risks associated with riding a bicycle in Sacramento is illustrated by the tragic accident that occurred on Elder Creek Road near Power Inn Road at a FedEx in Sacramento. A bicyclist was traveling along the north edge of the road when a car traveling in the same direction hit the bicyclist. The Sacramento Police Department reported that the driver of the vehicle fled the scene and left the bicyclist for dead. The bicyclist’s body was not found for hours.

As you can see, when a bicyclist is hit by a car, the consequences can be life-threatening. Even if a bicyclist survives a collision, the injuries they suffer can be debilitating and have long-term effects on the injured individual. Common injuries include:

• Tibia fracture
• Hand fracture
• Traumatic brain injury (mild or severe)
• Elbow fracture
• Amputation
• Torn ligaments
• Neck injury
• Nerve damage
• Partial or complete paralysis
• Dislocated joints

According to California Vehicle Code Section 21200, bicyclists generally have the same legal rights and responsibilities as motor vehicle drivers. Unfortunately, many motorists do not realize or accept this fact and act aggressively and recklessly when encountering a bicyclist on a public road.

According to the National Highway Traffic Safety Administration, in most collisions involving a bicycle and a motorist, the bicyclist is not at fault. In most accidents, it is the motorist that is to blame.

Collisions between motorists and bicyclists can occur in a variety of circumstances, but some of the most common scenarios include:

• The motorist was distracted (e.g., texting and driving).
• The motorist was driving under the influence of alcohol or drugs.
• The motorist failed to stop at a stop sign or red light.
• The motorist parks and opens their car door into a rider lawfully using the road or bike lane.
• The motorist makes a sharp turn into the path of an oncoming bicyclist.

After a serious collision with a motor vehicle, you or a family member will likely be recuperating from a significant bodily injury. You should not have the additional headache of dealing with an auto insurance adjuster. It is important to understand that the insurance company is not your friend. They do not care about your well-being. They are focused on paying out as little as possible on a personal injury claim. This is why hiring an East Sacramento bicycle accident lawyer will benefit you in the long-run. You get to focus on your recovery while your attorney can handle negotiating with the insurance company. A bicycle accident attorney will file a claim seeking reimbursement of the financial and emotional damages you suffered from the accident including:

• medical expenses
• lost wages as a result of missing work to recover
• compensation for the emotional and psychological pain and suffering caused by the collision

An attorney can also do an assessment of the available insurance coverage to give you an idea of what could be reasonably recovered through an injury claim. For example, if you are the victim of a hit-and-run accident and the at-fault driver is never found, you would need to file a claim under your own auto insurance policy through your uninsured motorist coverage.

You only have a finite amount of time to take legal action against the driver who hit you. This is because California has a statute of limitations when it comes to the filing of a personal injury claim. The statute of limitations refers to a state law that artificially limits the amount of time within which a victim can file a legal claim against the at-fault party that caused the accident.

I’m Ed Smith, an East Sacramento Bicycle Accident Lawyer. If you or someone you love has been injured in a bicycle accident involving a negligent driver, please call me today at 916.921.6400 for free and friendly advice. You can also reach me online at AutoAccident.com.

We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

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Editor’s Note: This page has been updated for accuracy and relevancy [cha 1.15.21]

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