Many people who live or work in Burbank cycle for the benefit of their health or the environment. However, severe injuries are common when cyclists have collisions with motor vehicles or lose control due to road hazards.
If you have suffered injuries in a cycling collision and you believe negligence may have been a factor, speak with a Burbank bicycle accident lawyer as soon as possible. You might be able to seek compensation for your losses from any negligent party with help from an experienced attorney.
When most people think of a bicycle accident, they imagine a motor vehicle hitting a cyclist. This is a frequent occurrence, and it usually happens because the motorist was not paying close attention. Cyclists are often injured when a motorist:
There are other situations in which negligence might contribute to a bicycle wreck. For instance, a defective component on the bicycle could cause an accident. In that case, the manufacturer might bear liability.
Shoddy road and bike path maintenance can cause bicycles to crash. Traffic control device malfunctions and confusing or absent signage and road markings also could lead to accidents. In such cases, a local government might be responsible for paying an injured cyclist’s damages.
An attorney representing an injured cyclist could investigate a bicycle crash to gather evidence of negligent acts or omissions. If there is sufficient proof of negligence, the cyclist could claim damages from all the responsible parties.
An individual seeking damages for a bike crash must prove that someone else’s negligence contributed to the accident that injured them. Negligence is a legal term that means a failure to carry out a duty of care, causing an incident that leads to an injury. The injured person (plaintiff) must prove that their injury would not have happened if the allegedly negligent person (defendant) had upheld their duty.
Anyone using public roads has a duty to follow the traffic laws and protect the safety of other road users. Manufacturers have a duty to ensure the products they sell are safe. Local governments have a duty to repair or warn of hazards in public spaces that could harm someone. A plaintiff’s attorney must present evidence demonstrating that a defendant did not uphold their duty, causing the biking accident and subsequent injuries.
Once the plaintiff has proven negligence, they must prove their damages. Damages could include medical costs and lost wages, as well as the estimated cost of future injury-related medical care and reduced earning capacity. A cyclist also could collect damages to compensate them for disfigurement, emotional distress, physical pain, and diminished ability to enjoy life resulting from their injury.
California Civil Code §1714 codifies the state’s pure comparative negligence rule. Under this statute, a cyclist who is partially responsible for their accident could still pursue damages against other negligent parties. Other parties could be liable for partial damages even if the cyclist bears most of the blame for their accident.
If a case comes to trial, the judge or jury determines how much responsibility each party should bear. If they find that the plaintiff’s negligence contributed to the accident, the plaintiff can collect reduced compensation to reflect their degree of fault.
Most cases never reach the trial stage, but comparative negligence still comes into play. During pre-trial negotiations, the lawyers for the defendants and their insurers might emphasize the negligent plaintiff’s role in the accident. The plaintiff’s attorney could counter attempts to shift blame to the plaintiff by presenting evidence proving the defendant’s significant responsibility for the bike accident.
If you have suffered significant injuries after crashing your bike, an experienced attorney could be an important ally. Defense lawyers and insurance adjusters may try to take advantage of someone who tries to negotiate their own claim.
A Burbank bicycle accident lawyer is prepared to work diligently to get you the compensation you deserve. There is a limited time to take effective action, so schedule a consultation today.
Benji Personal Injury – Accident Attorneys, A.P.C.