California is arguably one of the most famous states in the world. With towering palm trees, clear blue beaches and sun-kissed landscapes, it is no wonder citizens and tourists alike like to cycle or walk as they head out on their days.
However, even with strict measures on road safety, accidents that affect cyclists are still quite a common occurrence. If you have been injured in a bicycle crash, it is important to know how you can protect your rights and seek financial support.
How is driver negligence determined?
In California, bicycles are the same class as vehicles. This means that you have the same rights and privileges to the road as car or truck owners.
To determine liability, you must prove that the other party’s action was reckless or negligent. Some actions that may mean that a motorist is at fault with your accident include:
- The driver ignored traffic lights and signs.
- The driver failed to yield to cyclists.
- The driver was speeding in a bike zone.
- The driver was careless in their door opening.
- The driver was distracted by a handheld device.
- The driver was under the influence.
- The driver disobeyed traffic laws.
However, if you are partially responsible for the accident, the concept of comparative negligence will apply. Under this law, the amount of compensation you can recover from the accident will vary depending on each party’s percentage of negligence.
How long is the statute of limitations?
A bicycle accident is classified as a personal injury case. This means that you will have two years from the date of your accident to file a claim, with some exceptions.
For instance, if your injury involved trauma and developed gradually, your time period to file a claim will be one year from the date your injury was diagnosed. If you are a minor, your statute of limitations will not begin until you turn 18.
It is important to remember that failure to file within the given period can result in your loss of right to seek compensation.
Your path to recovery awaits
Being involved in a bicycle crash can lead to devastating injuries and higher medical bills. However, by learning about your rights and understanding California’s accident compensation laws, you can navigate the process with ease and achieve the financial support you deserve.