Know Your Rights Following a California Bicycle Accident
Listen to this articleBicycle accident victims in California can pursue compensation when they are hurt because of someone else’s negligence. For example, if a driver is speeding or texting while driving, and hits and injures a bicyclist, the driver is possibly negligent.
California Vehicle Code (CVC §21200) states that bicyclists have the same rights and responsibilities as motor vehicle drivers on public roads. That means drivers and others using the road must respect bicyclists’ rights to use the road, and any violation that leads to harm can result in liability.
What Happens if the California Bicycle Accident Victim is Partially at Fault?
California is a comparative fault state. That means if the bicyclist is partially at fault for the accident, then they may still recover damages. But their compensation is reduced by their percentage of fault. For example, if the courts determine a bicyclist is 30% at fault for the accident, then their compensation is reduced by 30%.
This rule is outlined in California Civil Code §1714. The code allows injured bicyclists to seek compensation even in cases where several parties share fault.
What is the Time Limit for Seeking Compensation?
California has a time limit for filing a personal injury lawsuit. This time limit is a statute of limitations. According to California law, the statute of limitations for filing a personal injury lawsuit is usually two years from the date of the accident.
There is an exception to this rule. If the accident involves a government vehicle, such as a city bus, the victim may need to file a claim within six months of the accident. This is outlined in California Government Code §911.2. In either case, if the injured person doesn’t file a lawsuit within this time, they may lose the right to seek compensation.
The Right to a Police Report and Medical Documentation
After a bicycle accident, the victim has the right to get a copy of the police report and medical records concerning the accident. These files will help with the case because they can provide proof of fault and the extent of injuries.
By law, California law enforcement should receive news of any accident resulting in injury or death. And they must receive this news within 24 hours of the accident. But it’s best to call law enforcement immediately after the event.
The Right to Legal Assistance
Since bicycle accident victims have a right to file a personal injury claim, they also have the right to hire an attorney. There are options if finances are a concern.
Some personal injury attorneys work on a contingency fee basis. This means they only get paid if they win the case. Having legal representation is beneficial, as an attorney can gather evidence, negotiate with insurance companies, and ensure the victim’s rights are protected.
