Turlock Bicycle Accident Lawyer
At AutoAccident.com, our personal injury attorneys have represented the best interests of cyclists injured by negligent drivers in Turlock since 1982. If you have been hurt in a bicycle accident, contact our law firm for free, friendly legal advice at (209) 227-1931 or (800) 404-5400 today.
Since 1982, our team of Turlock bike accident attorneys has defended the rights of cyclists in Stanislaus County and throughout California. We know how devastating it is to suffer catastrophic injuries or lose a loved one in a bicycle accident. That is why our injury lawyers use their experience, skills, and resources to help you and your family seek justice and fair compensation from insurance companies representing negligent parties. Consult with an attorney from our bicycle accident law firm today to learn which legal options for recovery may be available in your case.What are the Most Common Causes of Bike Collisions?
Drivers of motor vehicles all too often injure children and adults riding bicycles by:
- Driving too close to a bicycle lane
- Failing to stop at traffic signals and stop signs
- Not looking for bicycle riders in the road before it is too late to avoid a collision
- Opening the door of a car in the path of a cyclist
- Operating a vehicle above the posted speed limit or too fast for weather or traffic conditions
When cyclists are hurt in bike crashes, it is essential to determine how the incident occurred and who caused it. Some of the potential at-fault parties in a bicycle accident include:
- Negligent drivers of passenger cars, commercial trucks, municipal or private buses, or other vehicles
- Property owners if the cycling crash was caused by a dangerous condition on public or private property
- Negligent manufacturers of bicycles or motor vehicles if the collision was the result of a faulty part on either the motor vehicle or bike
- The state, county, or city for the failure of properly designing, constructing, and maintaining the road
Four elements of negligence must be satisfied to bring a successful personal injury claim for a bike crash. These include:
- Duty of Care: Did the driver involved in the bicycle accident have an obligation to exercise due care toward the cyclist?
- Breach of Duty of Care: Did the motorist breach that obligation through negligence?
- Proximate Cause: Were the driver’s actions the direct causation of the cyclist’s injuries?
- Damages: Did the motorist’s negligence result in personal injury damages to the cyclist that are recognized by California law?
The burden of proof falls on the cyclist injured in the crash. If a cyclist is found partially at fault for the incident, they may receive a reduced personal injury settlement based on their share of fault for the collision. Proving liability under California law is not straightforward, even if it seems clear that the driver was clearly at fault for the injuries and damages the cyclist has suffered. For details on other factors that may affect the value of an injury case for a bicycle accident, watch the video below.How Can Comparative Fault Affect a Bicycle Accident Case?
The state of California operates under a system of comparative fault. Under this law, the amount of compensation an injured cyclist or plaintiff would otherwise receive in a bodily injury claim would be reduced by the percentage of negligence assigned to them. For instance, if a cyclist is found 20 percent responsible for causing their injuries in a bike accident and is awarded $50,000 in financial compensation, they would only be able to receive $40,000 due to California’s comparative negligence laws applied in their case.
Auto insurance carriers are well-aware of comparative negligence laws in California and will not hesitate to use them to their advantage. Insurance companies will look for any evidence that may suggest that a cyclist shares some degree of liability in a bicycle accident.
Because of California’s comparative fault law, a cyclist should let an experienced Turlock bicycle accident lawyer handle their bodily injury claim. Even if the insurance company representing the negligent party claims the cyclist was partially at fault for their injuries and damages, an experienced injury attorney can dispute such allegations and use resources to compile compelling evidence in the claimant’s favor.Why You Need an Attorney for a Bicycle Accident Injury Case
Insurance companies do not have the best interests of injured cyclists at heart. That is why it is essential to retain an experienced attorney early in the bicycle accident injury claims process. An injury lawyer can help overcome defense tactics used by insurers to reduce the value of a cycling crash case or deny it altogether. If you decide to work with our team of Turlock bicycle accident attorneys at AutoAccident.com, we will use our experience, skills, and resources handling personal injury claims to:
- Evaluate the facts and circumstances surrounding your bicycle accident injury claim during a free, confidential consultation
- Provide you an honest assessment of your potential options for financial compensation
- Dispute allegations from the insurance company representing the at-fault party or your own if they claim you were partially or entirely responsible for your injuries and damages
- File a lawsuit within California’s two-year statute of limitations if a fair settlement cannot be reached with the insurer
- Take the bicycle accident case to court to have a judge or jury decide on a fair verdict
Keep in mind that the insurance company is a business that is only focused on protecting their bottom line. Insurance carriers hire trained professionals whose duty is to settle your cycling crash injury claim for the lowest amount possible or deny it altogether. Do not fall victim to their defense tactics and let an experienced attorney from our Turlock bicycle accident law firm obtain the justice and compensation you rightfully deserve.
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