Palm Springs Bicycle Accident Lawyer
Under state law, bicyclists have just as much of a right to their space on public roads as people driving motor vehicles. They also have all the same legal responsibilities and obligations as drivers. Unfortunately, these facts do not always prevent reckless, careless, or sometimes intentionally malicious drivers from colliding with and seriously injuring thousands of bike riders in the Golden State each year.
When you were struck by a reckless driver while riding or believe your bicycle wreck stems from negligence by someone like a bike manufacturer or a municipal authority, you should not try to pursue civil compensation for your injuries without a seasoned personal injury attorney helping you. Retaining a Palm Springs bicycle accident lawyer after an incident like this can often make the difference between getting paid fairly for your losses and not getting any civil restitution.
Holding Someone Else Liable for a Bicycle Crash
The legal term for the responsibilities drivers and bicyclists have while traveling on the road is duty of care. Anyone who violates a traffic law, drives distracted, or otherwise acts irresponsibly while in motion around other people has breached this duty. When such a breach is the main cause of an accident which, in turn, is the main cause of an injury serious enough to need professional medical care, all the criteria for legal “negligence” have been met. A court can typically hold a driver financially liable for damages based on negligence.
A reckless or careless driver is not necessarily the only person who could be responsible for a bicyclist’s injuries. For example, companies that make, sell, and provide maintenance to bicyclists also have duties requiring them to provide reasonably safe products without any dangerous defects. Should a bicycle wreck happen because of a mechanical fault in the bike, one of those companies might be primarily to blame for the incident in civil terms.
Likewise, local government bodies have a duty of care requiring them to keep public roads and riding surfaces in reasonably good condition. A crash caused by a pothole or other flaw a rider did not see before it was too late could be the basis for a civil claim. A Palm Springs attorney could provide vital guidance about who could be liable for a specific bicycle wreck during a private consultation.
Recovering Fairly Within Filing Deadlines
A comprehensive lawsuit or settlement demand built around a bike wreck can demand compensation for both economic and non-economic effects of the incident, including:
- All past and future bills for accident-related medical treatment
- Lost working ability and earnings
- Personal property damage, including costs of repairing or replacing a damaged bicycle
- Physical discomfort and pain
- Psychological trauma and emotional suffering
- Lost overall enjoyment of life
As per California Code of Civil Procedure § 335.1, though, most people injured in accidents they did not cause have two years to start a lawsuit. Contacting a practiced lawyer should be a top priority immediately after a Palm Springs bike crash.
Consider Working with a Palm Springs Bicycle Accident Attorney Today
Theoretically, riding a bicycle should not be riskier than riding inside an enclosed car or truck. In reality, though, any bicyclist who shares the road with a motor vehicle driver knows how dangerous it can be—and unfortunately, so does anyone dealing with serious bike crash injuries caused by another person’s misconduct.
You have legal rights that a dedicated Palm Springs bicycle accident lawyer could help you proactively enforce. Learn more by calling today.