Hayward Bicycle Accident Lawyer

Cycling is a widely embraced means of recreation and transportation, providing various health benefits. However, it is essential to recognize that riding a bicycle is not without risks, and cycling crashes can lead to serious injuries and even death in some extreme cases. Awareness of the common reasons for these collisions is important for both bicyclists and motorists. Sharing the road safely and taking precautions allows drivers and cyclists alike to avoid preventable accidents.

If you have been injured or lost a relative in a cycling crash due to the negligence of another, our legal team at AutoAccident.com is prepared to help you seek full compensation and justice. Call our Hayward bicycle accident attorneys for free, friendly advice at (510) 631-0200 or (800) 404-5400.

At our personal injury law firm, we understand the profound impact a cycling crash can have on an injured party or a family grieving the loss of a loved one. Our experienced and compassionate legal team is here to support you and your family through this difficult time. We are available to listen to your story, discuss the specifics of your case, and go over your potential options. Contact our law office today to schedule a free case evaluation with a member of our team.

The burden of proof is generally on the plaintiff or the party bringing the personal injury or wrongful death claim. This means that the plaintiff must prove that the defendant’s careless or negligent actions directly resulted in the incident causing injury. The common reasons for bike collisions include:

• Dooring: A cycling crash can occur when an occupant of a vehicle parked along the side of the street opens the door into the path of an oncoming bicyclist. This type of collision can be severe as the bicycle rider may be propelled off their bike or into oncoming traffic.
• Driving Under the Influence (DUI): Operating a motor vehicle while under the influence of drugs or alcohol poses a significant danger to the driver and others on the roadway. Driving while impaired can raise the risk of collisions, including those involving bicyclists.
• Distracted Driving: Distracted drivers stand out as a major factor in vehicle versus bicycle collisions. When motorists are not fully focused on the road, they may overlook bicyclists, resulting in serious car versus bike accidents. Common forms of distracted driving include texting and adjusting the stereo.
• Right-of-Way Violation: Motor vehicle crashes involving bicyclists may occur when a driver fails to yield the right-of-way when making turns or at intersections. Disregarding the rules of the road can lead to dangerous accidents involving others, including bicyclists.
• Unsafe Road Conditions: Debris, uneven roadway surfaces, and potholes have the potential to cause bicyclists to lose control and experience an accident. Road defects pose a particular threat to bicycle riders because of the smaller size and inherent instability of bikes compared to motor vehicles.

Negligence is the basis for personal injury and wrongful death cases arising from bike collisions and other types of accidents. An individual or entity may be deemed negligent if they fail to exercise due care that a prudent party would under similar circumstances. Assessing liability in bike collision cases can be a challenging process requiring thorough investigations and demanding expertise. A skilled bicycle accident lawyer in Hayward will work diligently to build the strongest case possible, establishing:

• Duty of Care: Proving negligence in a civil case requires demonstrating that the defendant had a responsibility to exercise care toward the plaintiff.
• Breach of Duty: Evidence must demonstrate that the defendant breached their duty of care owed to the plaintiff. For a bicycle accident, a breach could involve speeding or failure to yield the right-of-way.
• Causation: A direct link must be established between the breach of duty and the incident causing harm. The injuries or loss of life must be a foreseeable consequence of the opposing party’s negligence.
• Damages: There must be clear and compelling evidence demonstrating the extent of damages resulting from the injury or loss of life from a cycling crash.

Determining who is responsible for a vehicle versus bike collision can be particularly challenging, especially when liability is disputed. As experienced personal injury attorneys in California, we are well-versed in handling cycling crashes and other types of accidents. We conduct thorough investigations to properly establish liability, whether it is a negligent driver, a manufacturer for a faulty bicycle or motor vehicle part, or a government entity for unsafe road conditions.

How long do I have to file a case after a cycling crash?

The timeframe for filing a case for an accident referred to as the statute of limitations, is generally two years from the date of the incident in California. This is outlined in CCP 335.1. It is essential to consult with an attorney immediately to ensure that the claim is filed within the applicable time limit. A claimant may lose the right to seek damages if they fail to protect the statute in their case.

Can I seek compensation if I was not wearing a bicycle helmet?

An injured bicyclist can seek compensation in a personal injury claim even if they were not wearing a helmet at the time of the incident. Nonetheless, lack of helmet use may affect the amount of compensation awarded, particularly if it contributed to the severity of accident-related injuries, like head trauma. The assessment of comparative fault in bike collision cases often considers helmet use.

Documenting accident-related injuries through medical records is essential for cycling crash cases. As such, injured parties should seek medical care right away if they were not taken by ambulance to the hospital for immediate treatment. A delay in medical treatment from the date of the incident may cause the insurer to question the claim and argue that reported injuries are unrelated to the bicycle accident. Failure to follow orders from the treating physician may cause the insurance carrier to dispute the case and claim that bike-related injuries are not as severe as reported.

Injured parties should be cautious about accepting the first settlement offer from the insurer. Initial settlement offers are often lower than what an injured party may be entitled to. It is advisable to seek guidance from an experienced personal injury lawyer. The right attorney will use their experience, skills, and resources to build a strong Hayward bicycle accident case and negotiate a favorable agreement on behalf of their client. You can expect just that when you work with our legal team here at AutoAccident.com. For more information about our services, watch this video.

Cycling crashes have the potential to result in serious injuries with lasting consequences. It is essential for every bicyclist to understand the risks of riding a bike and be aware of where to seek legal assistance when injured in a vehicle accident. In our legal practice, our compassionate Hayward bicycle accident attorneys are dedicated to providing support and promoting improved safety conditions for bicyclists. By working together, our experienced legal team can work toward a safer future for all cyclists in Alameda County and throughout California. Call (510) 631-0200 or (800) 404-5400 for a free consultation.

Photo Source: By “Cristiana Raluca” on Pexels.com

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