If you ride your bike to work or school, then you know how careful you need to be. It seems like other motorists just don’t pay any attention to bicyclists. Either they pretend not to see them. Or they’re so concerned with getting where they need to go that they disregard them. San Bernardino bicycle accident lawyers know this because they meet with dozens of clients every year who are injured in bicycle accidents.
The other problem is that a lot of people may end up putting your life at risk by driving in an inappropriate way. They may text and drive. Or they may drive while distracted. This means you’re at a greater risk of getting injured in a San Bernardino bicycle accident. If this happens, then there are a few things you need to do.
The San Bernardino bicycle accident lawyers at TorkLaw always recommend that you do the following immediately after following your bike crash:
- Call 911 – It doesn’t matter how minor you think the accident is; you need to call the police. They’ll come out and do a thorough investigation of the accident scene. They’re also going to look to see if the other driver was drunk or under the influence of drugs at the time of the accident.
- Go to the hospital – Whether you like it or not, you need to go to the emergency room after your accident. You have to be seen by a doctor. They’ll examine you and see what kind of injuries you have. They’ll also make a note of your injuries in your medical records. Your San Bernardino bicycle accident lawyer needs these records to prove your case.
- Call our office – Once you know that you’re okay, you need to talk to a San Bernardino bicycle accident lawyer at TorkLaw. They can review your case and tell you how best to proceed.
If you do these things, you’ll make your lawyer’s job a lot easier. They can protect your rights and demand that you be compensated for your injuries. All you have to do is call and schedule your free initial consultation.
What is the Main Reason Given for Bicycle Accidents in California?
One of the main excuses given for a bicycle accident is that the other driver simply didn’t see you. Even if you’re involved in a bicycle accident, you know what it’s like to drive a car. You really don’t see people on motorcycles and bikes. And, if you do see them, it may be too late to avoid hitting them.
But there are other reasons that you can get into a bike accident. Some of these are more common than others. However, we tend to see cases involving the following:
- The other driver is speeding and can’t stop in time to avoid hitting you
- The driver is texting or otherwise distracted
- You dart out into the road or aren’t riding in the bicycle lane
- You’re involved in a multi-vehicle accident and end up collateral damage
It doesn’t matter what causes your accident. The important thing is that your San Bernardino bicycle accident lawyer at TorkLaw has evidence to prove your case. If they can do that, they’ll be able to get you compensation for your injuries.
Your San Bernardino Bicycle Accident Lawyer at TorkLaw Will Seek Damages
In order to get damages, your San Bernardino bicycle accident lawyer needs to do two things. First, they need to prove the defendant was at fault. Second, they need to prove that you were injured. This is a lot harder than it sounds.
In order to prove fault, your attorney will need to prove negligence. In order to do this, they need to show the following four (4) things:
- the defendant owed you a duty of care – This isn’t difficult to do. Every motorist owes other people on the road a duty of care. At a minimum, they need to obey all of the traffic laws. They also need to use common sense.
- They breached this duty – You do have to show that the other driver breached their duty. Your San Bernardino bicycle accident lawyer at TorkLaw can do this in a variety of ways. For example, if you have proof that the defendant received a speeding ticket at the accident scene, this should be enough.
- You were injured – It’s not enough that you were involved in an accident. You have to show that you actually suffered an injury. One way to do this is by using medical records. You can also have your doctor testify on your behalf.
- Your injuries were caused by the defendant’s breach – If you wait too long to go to the hospital, this is the part of your case that will suffer. The defendant will claim that something other than your bicycle accident caused your injuries.
The one thing you don’t want to do is make your San Bernardino bicycle accident lawyer at TorkLaw’s job any harder than it already is. So, make sure you follow the guidelines outlined above.
There is a Chance You Can Be Found Partially at Fault
There is always the chance that you can be found partially at fault. If this happens, that doesn’t mean you can’t file suit. It does mean that your damages will be reduced. This is because California is a comparative negligence state. What this means is that your claim will be reduced by your percentage of fault. So, if you’re found to be 20% at fault, your $100,000 claim will be reduced by $20,000.
There are a few things that can cause you to be seen as partially at fault. For example:
- if you dart out into the road or are traveling the wrong way
- If you have no lights or reflectors on your bike at night
- If you cross at a “no walk” light or sign
If this happens, you may be found partially negligent.
What Does Your San Bernardino Bicycle Accident Lawyer Need to Prove?
As mentioned above, in order to prove your case, your San Bernardino bicycle accident lawyer at TorkLaw needs to prove negligence. Or they can show that the defendant intentionally ran you over. These cases are rare. Once your attorney reviews your case, they’ll have a better idea of what it will take to prove negligence.
Speak with a Seasoned San Bernardino Bicycle Accident Lawyer at TorkLaw
We always tell our clients to contact a San Bernardino bicycle accident lawyer sooner rather than later. Call TorkLaw and schedule your free initial consultation as soon as possible after your accident.