Cycling is very popular in California. Many people in the state enjoy riding bicycles to enjoy the weather and the scenery. While most bicyclists are keenly aware of the dangers they face while riding bicycles, bicycle accidents are common. If you have suffered serious injuries in a bicycle accident that was caused by someone else, you may have legal rights to recover damages. A bicycle accident lawyer Porter Ranch at the Valley Accident Lawyers can review your claim and give you an honest assessment of the options that you have.
Bicycle accident statistics
The number of bicycle accidents and fatalities has been increasing. According to the National Highway Traffic Safety Administration, 857 bicyclists were killed in traffic accidents in 2018, which was a 6.3% increase over 2017. Urban accidents account for much of the increase. Since 2009, urban bicycle fatalities have increased by 48%. In rural areas during the same timeframe, rural bicycle accidents decreased by 8.9%. Bicyclists who are forced to share the roads with motor vehicles are at a greater risk of serious accidents. With California’s traffic congestion, it is understandable why more accidents happen in cities than in rural locations.
Liability in California bicycle accidents
After a bicycle accident that resulted in serious injuries, determining liability is critical. Liability for a bicycle accident can be solely assigned to one party or shared among several. identifying all of the parties that contributed to a bicycle accident is crucial for recovering compensation in an amount that will fairly compensate the victim.
Some cases involving bicycle accidents may result in a motorist being criminally charged. For example, if a driver is drunk and strikes a cyclist, the driver may be criminally charged. Even if a driver is facing criminal charges, the victim should still consider filing a civil lawsuit. The burden of proof in criminal cases is much higher than in civil cases, which means that a plaintiff might hold a driver accountable through the civil process even if the driver is found not guilty in a criminal case.
Bicycle accident cases normally involve legal negligence claims. The plaintiff will have the burden of proving all of the elements of negligence by a preponderance of the evidence. Negligence occurs when someone fails to act with the degree of care that would be used by a reasonable person under similar circumstances. Proving that a driver was negligent is not enough to win a claim, however. You must also be able to prove that the driver’s negligent conduct directly or proximately caused your injuries. You will also need to prove that you suffered losses as a result. For example, if a driver failed to check traffic when backing out of his or her driveway and ran into your bicycle, you will not be able to recover damages in an injury case if you didn’t suffer any injuries or losses. However, if the driver backed into you and caused you to suffer serious injuries and losses, you should be able to recover damages.
Criminal offenses or traffic citations for causing your accident can be critical pieces of evidence. In cases in which a driver’s negligent conduct violated the law, it is considered to be negligence per se. In this type of case, you will not have to prove the driver’s negligence. You will then only have to prove that the negligence caused your accident and injuries and that you suffered losses as a result.
How much is a bicycle accident worth?
Attorneys cannot give a set value for a bicycle accident without reviewing the facts and circumstances of what happened. These values vary from case to case. Some of the factors that help to determine how much a bicycle accident claim might be worth include the following:
- The types and seriousness of your injuries
- Your medical treatment costs and whether you will need ongoing care
- Whether you suffered income losses and a reduction of your future earning capacity
- Whether you suffered permanent disabilities or disfigurment
- Your physical and emotional suffering
- Whether you shared fault for your accident
An experienced bicycle accident lawyer Porter Ranch can analyze the evidence and the factors that apply to your case to provide you with a range of values within which you might expect a reasonable settlement offer to fall.
Get help from the Valley Accident Lawyers
If you have been seriously injured in a bicycle accident in Porter Ranch, you may be entitled to recover damages when the accident was caused by a motorist. Contact the attorneys at the Valley Accident Lawyers for a free case evaluation by calling us at (818) 565-6600.
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If you or a loved one has been injured, you will want a top rated San Fernando Valley personal injury attorney that understands how to get the maximum compensation you deserve. Our pledge is to be your partner, and provide passionate, yet skillful legal representation needed to win your case. Contact our highly trained personal injury lawyers today for a free case evaluation.