Skilled Attorneys For Bicycle Accident Cases
If you sustained injuries in a San Diego bicycle accident that wasn’t your fault, you deserve justice and fair financial compensation for your damages.
Unfortunately, fighting to get a fair settlement from the insurance company poses many potential challenges. If you’re fighting to get treatment and recover from your injuries at the same time, your situation can quickly become overwhelming. If you can’t work, the medical bills can start piling up while your living expenses go unpaid.
If you don’t know where to turn, talk to a San Diego bicycle accident lawyer from the De Santis Law Center. Having an aggressive, compassionate legal advocate on your side can make all the difference. Our experienced attorneys fight to protect your legal rights and get you every dollar of compensation possible for your injuries and other damages.
Who Is At Fault If a Car Hits a Bicycle?
Bicycles have become an inexpensive and convenient way to travel, get exercise, and have fun. However, accidents involving cars and bikes are common, as crowded roads are shared between the two. After a car-bike accident, you may be confused and wondering what to do. The De Santis Law Center, APC, is here to help.
Are Vehicle Drivers Always Deemed Responsible?
The main issue with car-bike accidents is the significant difference between a car and a bicycle. Because bicycles offer cyclists no protection, they typically suffer more severe injuries, even in minor accidents. For this reason, the finger is usually pointed at the driver. If you are a driver and get into an accident with a cyclist, you must discuss your case with an attorney to avoid running into this issue. Many types of injuries don’t present symptoms immediately. Having a comprehensive medical evaluation helps ensure you get any treatment you may need. The doctor’s records will also be invaluable for helping build your accident injury claim.
Vehicle Drivers and Bicyclists Can Both Be at Fault
Who is truly responsible for an accident depends on the details surrounding the accident. Just because a vehicle is bigger and more powerful than a bicycle does not mean the vehicle’s driver is automatically at fault. Cyclists must follow nearly all of the same rules as cars while on the road. For example, if there is a stop sign or a red light, cyclists must also stop. Cars can easily cause accidents by ignoring road rules, and cyclists can do the same. The best way to avoid causing an accident is to follow laws and road rules and always pay attention to others on the road.
Determining Liability After a Bicycle Accident
Negligence is typically at the center of car-bike accidents. Determining liability requires proving negligence. To prove negligence, you must establish certain elements. These include:
- The driver/cyclist owed you a duty of care;
- They breached this duty of care;
- This breach caused an accident; and
- The accident resulted in damages.
Cyclist liability and driver liability are both determined using the same elements since cyclists and drivers owe others around them a duty of care. An accident attorney can review the details of the case, including evidence, to help determine liability.
Can a Cyclist Collect Damages After an Accident?
Whether a cyclist is eligible for money damages after an accident depends on the accident itself. If the vehicle driver was entirely at fault, the cyclist would likely be able to recover from their injuries and property damage. Even if a cyclist is partially at fault for the accident, they may still be able to recover under the theory of comparative negligence. Under comparative negligence, if, for example, the cyclist’s damages amounted to $10,000, but they were 40% at fault for the accident, they could recover only $6,000. The best way to determine whether anyone is eligible to receive damages is by speaking to a qualified accident attorney.
What To Do Following a Bicycle Accident
The steps after a bike accident should be the same as a vehicle collision. They include:
- Calling the police;
- Seeking medical attention, if needed;
- Gathering evidence at the scene; and
- Exchanging information with others involved in the accident.
It is also essential to contact an accident lawyer as soon as possible. Car accidents can be tricky to navigate, and car-and-bike accidents can sometimes present a multitude of issues. Your attorney can handle the details of your claim and protect your rights.
Schedule a free case evaluation with De Santis law center
A Car Accident Attorney Can Help
Accidents involving cars and bicycles can be challenging. A knowledgeable accident lawyer can review your case, investigate, determine liability, and represent you. You don’t have to figure it out alone.
The De Santis Law Center, APC, has over three decades of experience helping clients in the San Diego area. We pride ourselves on handling even the most complex cases and never back down from a challenge. Our firm represents English-, Spanish-, and Italian-speaking clients. Contact us today to schedule your free consultation with one of our skilled attorneys.
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