No matter where you are, there will always be drivers who do not respect bike lanes. Negligence and careless acts such as driving in these lanes can lead to bicycle accidents. Such accidents can cause injury to the cyclist, such as broken bones, spinal cord injury, and even death.
There are also sometimes cases in which the cyclist is at fault, such as not following traffic rules or being distracted while riding. No matter the situation, if you are a victim of a bicycle accident in Mission Valley California, our Mission Valley Personal Injury Lawyers are here to help
California Bicycle Laws
If you’re a bicycle enthusiast, you must know the basic California Bicycle Laws by heart. These regulations are stipulated in the California Vehicle Code VC 21201. Here’s a summary:
- Everyone is prohibited to ride a bike with dysfunctional brakes
- The bike’s handlebar should not be above the rider’s shoulder height. It must also be appropriately sized.
- Nighttime riding observes the following additional requirements:
- Bike pedals should have white or yellow reflectors
- The rear should have a red reflector visible from at least 500 feet away
- Bikes should have a lamp or headlight visible from at least 300 feet. It should be situated either to front or the side of the bicycle.
Filing Bicycle Accident Lawsuits in Mission Valley
If you intend to file a bicycle accident lawsuit, here are some important reminders:
- In California, you have a grace period of two years to file a lawsuit and claim for damages. If you won’t be able to do so within this time period, the judge may reject your claim.
- An exception to this rule is when the victim is deemed incapable of filing a lawsuit (e.g. you’re suffering from a serious injury).
- You can also request to extend the statutory period if you have discovered injuries caused by the accident only at a later time.
- If the victim is a minor, you may wait until you reach 20 before you can file a claim. You will also be permitted to file the claim on your 18th birthday as it already covers the two-year period.
Determining Who’s At Fault in a Bicycle Accident Case
In Mission Valley and San Diego County, the party who exhibited negligence is deemed at fault. In some states it is the driver who always takes the blame in any car-bicycle accident.
Under California law, the term “negligent” is referred to as “failing to act in a manner expected of a reasonably prudent person acting under similar circumstances.” Before filing a lawsuit, you should determine and prove that the other party has indeed acted carelessly or displayed negligence.
There are cases when there are several parties at fault (for instance, the driver, his or her employer, or the truck’s manufacturer). To address this situation, California officials have devised a comparative negligence model. This scheme determines who is more at fault. If one of the parties is deemed 25 percent at fault, he or she will shoulder 25 percent of the damage.
If you have a Bicycle Accident we are here to help
Bicycle accidents are common in big cities like Mission Valley. Roads often have inadequate bike lanes or shoulders which makes it more risky for cyclists. Moreover, there are drivers who blatantly ignore bike lanes. And if the cyclist is not wearing safety gear or not, he or she may get injured when such accidents take place.
Bicycle accidents can also be attributed to irresponsible riding. This means that the cyclist fails to follow and obey traffic laws and regulations. Whatever the case may be, if you are a victim, you can get in touch with our Mission Valley bicycle accident attorney so that you can claim compensation and ensure your rights are protected.