Bicycle Accident Lawyers - San Bernardino

After sustaining serious injuries from a bike accident, it is understandable to hold off taking on any more responsibilities until feeling physically and mentally equipped to do so. However, the more time that passes, the potentially weaker the bicycle accident case can become. 

This often is a result of evidence no longer being available and the difficulty of locating people who may have witnessed the incident. In addition, most victims do not speak to personal injury lawyers until they plan to file a claim. 

Putting off consulting with a San Bernardino bicycle accident lawyer is also detrimental to a case, as an attorney can advise what to do and what not to do after an accident. For instance, an attorney would advise to seek immediate medical treatment and to avoid speaking to the at-fault driver’s insurance company. Although seemingly innocent, mishaps like this can significantly hurt bicycle accident cases. 

The Statute of Limitations in San Bernardino, CA

There is a time limit to take legal action after a personal injury accident, which is typically two years from the date injuries were discovered. However, if a government entity is involved, the time to file is reduced to just six months. 

Although there is an allotted amount of time which may appear like an ample amount, it is best to file bicycle accident claims as soon as possible. Failing to meet California’s statute of limitations can result in losing the right to recover damages and there are typically no exceptions to extending the filing date.

The common causes of bicycle accidents are similar to motor vehicle accidents: they result due to someone else’s negligence. More specifically, the following scenarios typically cause most bike accidents:

• Drunk driving
• Aggressive driving
• Poor road conditions
• No bike lanes
• Tailgating
• Turning at an intersection
• Speeding
• Lack of visibility
• Failing to stop at a stop sign
• Running red lights
• Manufacturer defects (car or bike parts)
• Weaving in and out of lanes
• Distracted driving (texting, eating, etc.)
• Driver not yielding the right of way

Data from the California Department of Public Health, Safe and Active Communities Branch reported that San Bernardino County recently logged over 2,250 bicycle accidents that resulted in non-fatal injuries and nearly 50 bicycle accidents that resulted in fatal injuries. 

Although common, bicycle accidents are preventable. If you or a loved one suffered injuries from a negligent party, contact one of our bicycle accident attorneys today.

California law requires that the party filing a personal injury claim prove that the other party was negligent and was the root cause of the bicycle accident. This can be accomplished by demonstrating the following four elements of negligence.

1. Duty of Care: The defendant had an obligation to act in a reasonably safe manner
2. Breached Duty of Care: The defendant failed to meet this obligation
3. Causation: The defendant’s failure to meet the duty of care caused the accident
4. Consequent Damages: The bicycle accident resulted in financial losses

An experienced bicycle accident lawyer can provide insight and expertise to prove the four factors of negligence, beginning with a personal investigation into the bike crash and collection of evidence. 

Comparative Fault

Sometimes, bicycle riders and car drivers both contribute to a crash. California’s pure comparative negligence law allows injured cyclists to still recover damages even if they are partially at fault. 

The only stipulation when these types of bicycle accidents occur is that the final amount of compensation is reduced by the percentage of fault. For instance, if the awarded amount is $50,000 and the victim is found to be 10% liable, then the victim will receive $45,000. 

Do not be discouraged if fault is shared for causing the accident. Compensation is still available, but assistance from a San Bernardino bicycle accident lawyer is highly advisable.