El Centro Bicycle Accident Lawyer
Individuals bicycle every day to lessen commuting costs, exercise, and save the environment. Unfortunately, drivers do not always respect bikers on the road, especially on roadways where there are no separate bike lanes. When you or a loved one is injured while riding a bicycle, contact an El Centro bicycle accident lawyer to litigate your claim. Our personal injury attorneys could review the evidence and fight for full compensation.
Bicycle Negligence Law
An injured bicyclist and their attorney in El Centro have the burden of establishing the defendant had a duty of care they failed to uphold. There must be a causal connection between that breach and the bicyclist’s injuries.
When the law evaluates an individual’s negligence, the conduct that an ordinary prudent person would have done under the given circumstances is the standard that applies. As such, motor vehicle operators are responsible for the results of their actions, held to the standard of what a reasonable motor vehicle operator would have done in similar circumstances. Most bicycle accident cases involve a driver who failed to see a bicyclist that they should have seen.
Contributory Negligence in Bike Crash Cases
Contributory negligence is the legal theory that holds accident victims liable for their proportion of the harm done.
In some states, the court completely bars an injured biker from recovery when they were even partly responsible for their injuries. California is different. A pure comparative negligence rule applies, allowing a person to collect damages even if they are 99% at fault for a collision. The court will ultimately reduce the award by the corresponding percentage of fault. Essentially, the more an injured person contributed to their injuries, the less of an award they are likely to receive.
In most bicyclist accident cases, a lawyer in El Centro can establish negligence by proving the reckless motorist violated one or more traffic laws. The claim becomes more difficult when the driver alleges the bicyclist operated their bike improperly or drove into the vehicle. The actions and reasonableness of the bicyclist will be called into question. Common issues that arise in bicycle collision litigation include:
Adequate Safety Gear
Prudent bicyclists should wear helmets, cycling glasses or goggles, and clothing bright enough to be visible at night.
Location of Accident
Accident locations drastically change how certain laws apply to a set of facts, ranging from private parking lots to busy intersections.
Proper Observation of the Roadway
Anyone that uses the roads is required to see what is there to be seen through the appropriate use of their senses; put simply, drivers are required not to be distracted while driving.
Legality of Vehicle
Bicycles enhanced with certain motors may violate El Centro vehicle and traffic laws; bikes most also have functioning brakes and appropriate reflectors.
Reasonableness of the Operator
Bicyclist operators are required to operate their vehicles reasonably and never under the influence of drugs or alcohol.
Contact an El Centro Bicycle Accident Attorney for More Information
An El Centro bicycle accident lawyer is standing by if you were hurt due to someone else’s negligence. An attorney can assist you with evaluating your claim and litigating your cases to obtain full and fair compensation under the law. Contact our attorneys now to investigate your claim and pursue justice.