Cycling is becoming an increasingly popular mode of transportation, particularly in urban areas. However, with the increased number of cyclists on the road, there has also been an increase in bicycle accidents. If you have been involved in a bicycle accident, it is important to understand your legal rights.
Understanding Negligence in Bicycle Accidents
Negligence is a legal term that refers to a failure to exercise reasonable care. In the context of bicycle accidents, negligence can be defined as a failure to exercise reasonable care while operating a motor vehicle or bicycle, resulting in injury or harm to another person.
To establish negligence in a bicycle accident case, the victim must prove four elements: duty, breach, causation, and damages. The duty element requires the defendant to owe a duty of care to the plaintiff, which is typically established through the applicable traffic laws.
The breach element requires the plaintiff to show that the defendant failed to exercise reasonable care while operating a motor vehicle or bicycle. The causation element requires the plaintiff to establish that the defendant’s breach caused the plaintiff’s injuries. Finally, the damages element requires the plaintiff to prove that they suffered damages as a result of the accident.
Types of Damages Available in Bicycle Accident Cases
If you have been injured in a bicycle accident as a result of another person’s negligence, you may be entitled to compensation for your damages. Damages can be divided into two categories: economic and non-economic.
Economic damages refer to financial losses incurred as a result of the accident, such as medical expenses, lost wages, and property damage. Non-economic damages refer to non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Statute of Limitations in Bicycle Accident Cases
The statute of limitations is a legal term that refers to the time limit within which a lawsuit must be filed. In bicycle accident cases, the statute of limitations varies depending on the state where the accident occurred.
For example, in California, the statute of limitations for personal injury lawsuits arising from bicycle accidents is two years from the date of the accident. This means that if you do not file a lawsuit within two years of the date of your accident, you may be barred from pursuing your claim.
It is important to note that the statute of limitations is not the same as the deadline for filing an insurance claim. Insurance claims may have their own deadlines, which may be shorter than the statute of limitations. It is important to consult with an attorney as soon as possible after a bicycle accident to ensure that all deadlines are met.
Comparative Negligence in Bicycle Accident Cases
In some bicycle accident cases, the plaintiff may be partially at fault for the accident. This is known as comparative negligence. Comparative negligence is a legal doctrine that reduces the plaintiff’s damages in proportion to their degree of fault.
For example, if a plaintiff is found to be 25% at fault for a bicycle accident and their damages are $100,000, their damages may be reduced by 25% to $75,000. It is important to note that some states have different rules regarding comparative negligence. In some states, if the plaintiff is found to be more than 50% at fault for the accident, they may be barred from recovering any damages.
Reach Out to a Lawyer Today
If you have been injured in a bicycle accident as a result of another person’s negligence, it is important to understand your legal rights. You may be entitled to compensation for your damages, including economic and non-economic damages. However, there are deadlines and legal doctrines that may affect your ability to recover damages.
It is important to find a bicycle accident lawyer as soon as possible after a bicycle accident to ensure your best chance at compensation.
