Bicycle Accident Lawsuit
If you were injured while riding a bicycle, you need a trusted California bicycle accident lawyer by your side. Our lawyers at Cutter Law P.C. are dedicated to protecting your rights and ensuring you receive the compensation you deserve. With our extensive experience and successful track record, our skilled legal team will fight for you at every stage of your case. Contact us now for personalized and compassionate representation.
California sees an astounding number of bicycle accidents. Various factors contribute to these accidents, including distracted driving, failure to yield, inadequate cycling infrastructure, and poor road conditions. If you are a bicycle accident victim, you need an experienced legal team to protect your rights and help you obtain compensation.
We at Cutter Law are familiar with the specific hurdles that bicycle accident victims often encounter and know how to overcome them. Our team is committed to providing efficient legal representation and advocating for your rights. Contact us today to learn how our California bicycle accident lawyers can assist you.
- Does California Have Laws To Protect Bicyclists?
- Who May Be Liable for a Bicycle Accident in California?
- What Damages Can You Recover?
- What Is the Statute of Limitations to File a California Bicycle Injury Lawsuit?
- How Can Cutter Law Help in Your California Bicycle Accident Case?
- Contact Cutter Law for Your California Bicycle Accident Case
- Frequently Asked Questions
Does California Have Laws To Protect Bicyclists?
California has a few laws to protect and prioritize the safety of bicyclists on the roads. Some notable ones include:
- Three Feet for Safety Act: This law requires motorists to maintain a minimum of three feet of space when passing bicyclists on the road. In case it is not feasible to maintain the three-foot distance due to road conditions, the motorist should slow down and pass at a safe distance.
- Designated bike lane usage laws: Bicyclists should use bike lanes or designated bicycle paths as much as possible. However, they are not obliged to use them exclusively and may use the regular travel lanes if necessary for their safety or to make a turn. Conversely, motor vehicles must stick to ordinary traffic lanes and can be ticketed for driving in bicycle lanes, except in some situations, such as parking and turning.
The skilled personal injury lawyers at Cutter Law are well-versed in these laws and can help you get compensated and back on your feet should you suffer an injury caused by someone else’s negligence. We will provide the legal guidance you deserve and hold the responsible parties accountable.
Who May Be Liable for a Bicycle Accident in California?
Although several parties may be responsible for a bicycle accident, automobile drivers rank first in the list of liable parties. Legally, drivers who act negligently and cause a crash can be held accountable for the damages and injuries. Examples of driver negligence include:
- Failure to yield
- Distracted driving
- Speeding
- Reckless behavior
It’s also possible for liability for bicycle accidents to fall on the government due to negligence. A few examples of government negligence include:
- Poor road conditions, such as potholes, cracks, uneven surfaces, or lack of proper signage
- Substandard maintenance of the roadway
- Design flaws in the roadway or infrastructure, such as inadequate bike lanes, faulty traffic signals, or improper road markings
Over the past months, government tort claims involving California bicyclists focused on poorly maintained roads. Many streets have potholes, cracks, and uneven surfaces that cause accidents and severely injure bicyclists.
For example, heavy rainfall in Northern California, including Sacramento and Oakland, has exacerbated deteriorating road conditions, giving rise to hazardous road defects. Given that it’s the government’s duty to maintain and repair dangerous roads, its failure can lead to government liability.
What Damages Can You Recover?
Bicycle injury damages fall into two main categories: economic and non-economic.
Many accident victims suffer measurable financial losses, known as economic damages. These damages can include the following:
- Medical expenses
- Lost wages and earning potential
- Property damage
- Rehabilitation costs
However, some losses are not easily measurable. They are called non-economic damages and include:
- Physical pain
- Emotional distress
- Loss of companionship or support with a spouse or partner
Determining these damages requires the assistance of a skilled legal team. Contact Cutter Law now to let us help you get fairly compensated for your sufferings.
What Is the Statute of Limitations to File a California Bicycle Injury Lawsuit?
If you’re considering filing a bicycle accident lawsuit, you must understand the California statute of limitations for personal injury. Generally, you have two years to file a personal injury case. However, the time limit can be as short as six months if your case involves a claim against the government.
To avoid missing deadlines, act as though you have a hard six-month cutoff to protect your rights. Contacting Cutter Law immediately can be the difference between getting results and missing out.
How Can Cutter Law Help in Your California Bicycle Accident Case?
The legal team at Cutter Law has a collective experience of 130 years, and we are here to fight for you and your family at every stage of your case. We have a successful track record of recovering hundreds of millions of dollars for our injured clients and their families. Some of our recent results in California bicycle accident claims include the following:
- $1.895 million compensatory jury verdict in Sonoma County: Attorneys Todd Walburg and Celine Cutter represented a cyclist who suffered significant injuries after riding her bike through a large pothole. During the trial, Walburg and Cutter successfully argued the pothole constituted a “dangerous condition of public property.” Despite the plaintiff returning to work and appearing to have recovered, Cutter Law diligently interviewed the plaintiff’s friends, family, and co-workers to reveal the true impact of her injuries. As a result, the jury awarded the plaintiff a verdict of nearly $1.9 million, including $1 million for past pain and suffering. Because the jury found the plaintiff 30 percent responsible, the award is reduced by 30 percent to around $1.33 million.
- $596,000 compensatory jury verdict in San Francisco: Attorney John R. Parker recently won a notable case representing a motorcyclist who suffered severe injuries due to a car driver’s failure to yield the right of way. Parker’s personal injury law experience and commitment to seeking justice for his clients resulted in a favorable award of $596,000 to the motorcyclist.
We are adept at navigating complex legal proceedings and securing significant compensation for personal injury accident clients throughout California. Contact us now and get thoughtful legal guidance.
Contact Cutter Law for Your California Bicycle Accident Case
Whether it involves holding negligent drivers accountable, pursuing government liability for poor road conditions, or maximizing your compensation, Cutter Law will provide reliable, compassionate, and skilled legal representation. Schedule a free consultation with our skilled California bicycle accident lawyers today.
Frequently Asked Questions
Can I Still Recover Damages if I Was Partially at Fault for the Bicycle Accident?
Yes, California follows a comparative negligence system. Therefore, you may be entitled to recover damages even if you were partially at fault. For example, if you were riding your bicycle out of the designated lane, but the driver failed to yield the right of way, you may recover some damages.
Do I Still Have a Case if a Roadway Defect Caused My Bicycle Accident?
Yes, you likely have a case if you suffered an accident due to roadway defects. Negligence on the part of the city or responsible government entity can be the reason for road problems, such as drainage issues, uneven surfaces, potholes, or cracks. All these issues can contribute to accidents. Get in touch with us so we can help you pursue a claim based on negligence.
Will My Bicycle Accident Case Go to Trial?
Insurance companies are in business to make a profit. They do not make money by being generous with their payouts.
If you were injured because of someone else’s negligence, it’s likely their insurance will be responsible for paying your claim. A skilled attorney can ensure they pay the full value of your claim.
How Much Is My Bicycle Accident Claim Worth?
Calculating the precise worth of your bicycle accident claim can be complicated, as it relies on several factors specific to your case. However, the following will impact your claim’s value:
- The severity of your injuries
- The effects on your day-to-day life and ability to work
- The responsibility of all involved parties
How Long Does a Bicycle Accident Lawsuit in California Typically Take To Resolve?
The duration of a case may differ based on various aspects, including:
- The case’s complexity, especially if the claim is against a government entity
- The severity of the injuries
- The willingness of the parties o reach an agreement
With Cutter Law representing you, you can rest easy knowing that your case will resolve promptly and efficiently with your best interests in mind.
What Does an Attorney Have to Prove in a Bicycle Accident injury Case?
To prove negligent actions, our attorneys have to prove four separate occurrences, including:
- The driver or party that caused the accident owed what’s referred to in the courtroom as a “duty of care.” For example, if you hit a pothole while out riding your bicycle, then the organization responsible for maintaining the roads owed you a duty of care to repair the broken section of rode.
- The driver breached their duty of care.
- The breach of care caused the accident or injury in question.
- The accident caused damages or harm to either party.
What Factors Impact My Cases’ Viability in a Court of Law?
There are a few circumstances and factors that impact your cases’ viability in a court of law. Those factors include:
- Vehicle Driver Negligence: If the vehicle’s driver exhibited any form of negligence, you likely have a case. Some examples of negligence on the part of the driver include aggressive driving, careless driving, and driving under drugs or alcohol.
- Bicyclist Negligence: Some examples of bicyclist negligence include failing to obey traffic laws, aggressive riding, and riding a bicycle while under the influence of drugs or alcohol (yes, bicycles are vehicles, and riding drunk is a crime).
What Should I Do After a Bicycle Accident?
- Gather Information – Gather as much information regarding the accident as you can. This includes things like names, addresses, phone numbers, and insurance information for all parties involved in the accident.
- Always Call The Police – Start by getting out of harm’s way, and then immediately contact the police. If possible, wait for them to arrive on the scene.
- Speak To An On-Scene Officer – Before you leave, ensure you speak with a police officer. Unfortunately, officers sometimes ignore the cyclist involved in an accident. Don’t let yourself go unheard.
- Document Everything – Write everything down. This includes vehicle information, insurance information, names, phone numbers, addresses, and any pictures and descriptions of the accident you can acquire.
- Get Yourself To A Doctor Or Hospital, Even If You’re Seemingly Unhurt – Always see a doctor following an accident. Even if you don’t think you’ve been hurt in the accident, go to the doctor anyway. You may have suffered unseen injuries. Please don’t risk it. Go to the doctor following any bicycle or vehicle accident.
- Contact Our Bicycle Accident Lawyers – Once you’ve finished up at the doctors’, contact one of our attorneys for a no-obligation consultation.
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Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
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Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612