A Dana Point bicycle accident lawyer knows that a collision can be one of the most traumatic events in a person’s life. The bicycle laws in Dana Point are laid out in the California Vehicle Code, and they cover everything from how to share the road to visibility to helmet laws.
The Golden Rule in the Golden State is for drivers to give bicyclists at least 3 feet of space at all times. Most drivers would be considered at fault if they failed to do so at the time of the accident.
California is a pure comparative negligence state, meaning that both parties may be assigned fault depending on their role in the collision. In general, bicyclists are expected to take precautions, such as using hand signals and making eye contact when on the road. Should the insurance company, judge, or arbitrator decide that a bicyclist was a quarter at fault, then they would be given a quarter less of what they were asking for. (For instance, they’d be given $75,000 if they were requesting $100,000.) Similarly, when motorcyclists find themselves in accidents due to others’ recklessness, a motorcycle accident lawyer may be sought for legal assistance. If you’re looking for a bike accident attorney
in Dana Point, it’s likely because a driver chose recklessness over safety.
The most common car accidents typically involve the following:
Bicyclists at night are expected to be seen on the road. When you’re riding in the dark, the rules stipulate the following equipment:
Failing to have all these components does not necessarily mean that you are to blame for the accident, but it may affect the compensation you’re awarded. Speaking with a pedestrian accident lawyer could provide clarity and help you navigate through the complexities of your case.
California allows people within its borders to share blame in the case of an accident if the situation warrants it. For instance, if you were hit by a driver who was speeding but you also failed to stop at a red light, a judge may determine that you were 30% to blame for the accident, while the driver assumed 70% of the blame.
Comparative negligence comes down to painting an accurate picture of what really happened at the time of the crash. This is why a Dana Point bicycle accident attorney can structure your claim so you’re more likely to get the compensation you deserve. Verifying the statements of eyewitnesses, compiling doctor’s expenses, and talking to law enforcement are all in a day’s work for an attorney and their staff.
There are numerous rules in the vehicle code that cover proper etiquette on the road. However, there are a few overarching ideas that govern the specific points. The general rule is that people with more protection have more responsibility. So even though a bicyclist may not have followed every law when on the road, they may be given the benefit of the doubt if they’re hit by a car.
Regardless of how the collision occurred, the bicyclist is likely to be traveling far slower than the vehicle in question, giving the driver of the vehicle more time to spot them and take proper precautions.
The size discrepancy makes it very easy for a bicyclist to be seriously injured or even killed without causing nearly any damage at all to the vehicle involved or its driver. While the laws may not directly favor bicyclists, bicyclists are looked at differently by the judge or arbitrator before making final decisions about the case.
With its temperate weather, Dana Point is a popular place to go for a bike ride. Despite its residential reputation, though, it can still be a dangerous ride. With all the cars and trucks on the road, just one collision can leave a bicyclist with severe injuries.
Receiving compensation means finding a bicycle accident lawyer who understands how the courts determine who should receive what. In the state of California, tens of thousands of people are injured on bikes every day, so it helps to find an attorney who has worked on a variety of cases.
The most common injuries for a bicycle accident attorney include:
Injuries can be deceptive after a collision. A person may look fine only to find later that something in their body was badly damaged during the crash. It’s important to get checked out by a doctor, not just for the sake of filing an insurance claim or a lawsuit but because immediate intervention may be the best way to prevent more severe injuries in the future.
Fault in Dana Point is assigned based on how the accident occurred. Motor vehicles are expected to drive safely, if motor vehicle drivers fail to operate their cars safely and hit a bicyclist, then the motor vehicle driver is at fault.
To prove that a bicyclist wasn’t at fault, an Orange County bicycle accident attorney will need to know how the laws in Orange County work to their client’s advantage. Accidents are more than just cars against bikes while on the road.
Due to the nature of bikes, you may be in an accident for any number of reasons. You may have had an off-leash dog attack you or another bicyclist crash into you. A vehicle may have forced you off the road, into a dangerous condition, or collided into you. You may have encountered a hazard on the road, such as a large flaw or fault in the asphalt. You may even have crashed because the bike manufacturer made an error that caused the bike to malfunction.
In each case, who you sue and how you file will be different. For instance, in the case of a stray dog, you may need to sue the dog owner or the homeowners association for failing to enforce proper animal control policies. If you sue the company that made your bike, you may need to file the claim in the place where the company is headquartered.
Compensation in Dana Point after a bike accident goes beyond direct costs for the accident, here are just a few things you can receive compensation for:
In the worst-case scenarios, people will sue for the death of a loved one. They can file for compensation that ranges from the cost of the funeral to the mental pain of ongoing grief. Despite the range of potential consequences after an accident in Dana Point, though, even small collisions can end up resulting in more severe injuries than are initially apparent. For instance, your neck may hurt slightly after falling, only to have it develop into chronic pain over the next months that may require pain management and even surgery. In such instances, speaking to a personal injury lawyer to understand your rights and explore avenues for compensation might be an invaluable step.
It’s not always easy to recover the damages in the case of a bicycle accident. You can file an insurance claim, but they will likely not fully compensate you for your injuries and damages. They may argue with every point, and contest all your damages. This is why people will often look to a lawyer to help.
Filing a lawsuit in the Dana Point courts can help you sidestep at least some of the obstacles that are often thrown in the way of a regular insurance claim. It’s best to get a lawyer involved right away to protect your rights, and not speak to the other side’s insurance company. Furthermore, if the at-fault party is not cooperating, you’re seeking pain and suffering, or you were offered a small fraction of what you believe you were owed by the insurance company, it may be time to ask a Dana Point bicycle attorney if you have a case.
If you’re looking for a Dana Point bicycle accident lawyer, Neale & Fhima can tell you more about what to expect from your case.
If you were involved in a bicycle accident in Dana Point, call Neale & Fhima at 888-407-2955 to get the help you need and the compensation you deserve.