Bicycling is a great way to stay fit, enjoy the outdoors and commute to work. Because of negligent drivers and sub-standard road conditions, bicyclists can suffer serious injuries or death. Injuries are often severe and it may take considerable medical care and time away from work to recover. If this happens to you, you need to get the best Los Angeles bicycle accident attorney to fight for your rights. Contact The Drexler Law Firm to receive the best representation possible and obtain the fair settlement you deserve.
A bicycle accident is both frightening and potentially life-altering. Here are important Do’s and Don’ts following a bicycle accident:
Learn more about what to do after a cycling accident.
The legal system is complicated and fighting for a fair settlement can be overwhelming. In California, a bicyclist is found at fault in an accident 60 percent of the time. A Los Angeles car accident attorney with extensive experience in the area of personal injury understands the complexities of the legal system and can help accident victims get the compensation they deserve. A qualified attorney can help you open an investigation and guide you through the necessary legal steps. For these reasons, you should retain a qualified Los Angeles bicycle accident attorney with expertise in bicycling accidents and a proven track record in winning personal injury cases and trials.
There are several important statistics regarding bicycle accidents. Almost 70 percent of all bicycle accidents occur in urban areas, with approximately 30 percent happening in rural areas. Between the hours of 3 pm and 8 pm are when the most bicycle accidents occur.
Unfortunately, serious bicycle accidents are increasing in California. In 2010 there were 623 fatalities. In 2016 there were 840. In California, bicycle deaths account for 4 percent of all vehicle accident deaths. This is double the national average.
There are several main causes of bicycle accidents.
You Must follow the Vehicle Code // CVC 21200
Before we even begin explaining the rules of the road, it’s important to note the most important: all bicyclists must follow the laws outlined in the California Vehicle Code.
You Must Ride With Traffic // CVC 21650
Bicyclists must travel on the right side of the road and move in the same direction as traffic.
You Must “Hug The Curb” // CVC 21202
Cyclists may NOT take the lane and MUST hug the curb (as close as possible) except in 3 limited circumstances:
You Have the Right to a Presumed Bike Lane // CVC 21208
In California, cyclists have the right to a 3-feet-from-the-curb bike lane, but the Vehicle Code requires you to hug the curb.
You Can Ride on Sidewalks
There is no statewide law in the California Vehicle Code about riding on sidewalks. However, according to some local ordinances, such as in the city of Los Angeles, you may ride your bike on the sidewalk. Otherwise, you must ride on the road. Check with your local ordinance to learn if it’s legal in your municipality.
You Must Not Stop In Crosswalks // CVC 21455
Be sure to respect pedestrians and always stop before you enter the crosswalk, not in the middle of the crosswalk.
You Must Ride With Lights & Reflectors At Night // CVC 21201(d)
When riding at night, you or your bike must be equipped with:
You Must Wear A Helmet If You’re Under 18 Years Old // CVC 21212
If you’re under 18 years old, you must wear a helmet that meets the standards of either the American Society for Testing and Materials(ASTM) or the United States Consumer Product Safety Commission (CPSC).
You Must Have Brakes That Work // CVC 21201(a)
This seems obvious, but the real point is to make sure to double-check that your brakes are in good, working condition before every ride. It’s not just illegal, it’s not safe.
You Must Ride a Bike That Fits You // CVC 21201(c)
You must be able to safely stop your bicycle and support it upright with at least one foot on the ground.
You Have the Right to Three Feet of Safety // CVC 21760
Vehicles that pass a cyclist may not pass at a distance of less than 3 feet from the cyclist.
The statute of limitations is the time limit individuals or groups have to initiate some type of legal proceeding. The statute of limitations in cycling injury claims begins when the incident occurs. In California there is a two-year limit in which to file a claim for a bicycle accident. The time limit to bring a claim against a governmental entity is 6 months.
Exceptions to this limit include when an individual was incapable of filing a claim because of mentally incapacity and injured minors who have until they are 18 years old to file a lawsuit.
Whoever is negligent is responsible for damages. Negligence in California is defined as failing to act in a reasonably prudent manner. This means it is necessary to prove that the driver was negligent and the driver’s negligence caused the accident.
In California cases where both parties are partly responsible, the law of Comparative Negligence allows a cyclist who is partially at fault to recover according to the percentage of relative fault. This means if the driver was 75 percent at fault and the bicycle rider was 25 percent at fault, the bicyclist is awarded 75 percent of damages. The bicyclist is responsible for the remaining 25 percent for their part in the accident.
Injured cyclists may suffer from a variety of severe injuries in accidents.
If you have been injured in a bicycle accident, you may have extensive injuries and large medical bills. You may also have considerable loss of earnings. You have the right to pursue a claim for damages and receive compensation to cover your expenses and losses. There are typical areas of damages that you may receive compensation for.
Learn more about the types of compensation you can receive after a car or bicycle accident in Los Angeles.
The Drexler Law Firm has over 50 years of combined legal experience. We have fought for individuals who have suffered from bicycle injuries and also know first-hand what it’s like to be in a serious cycling accident. Attorney David Drexler was struck by a motorcycle rider while cycling on Mulholland Drive, and had to be emergency airlifted to the UCLA trauma center. Our legal team knows first-hand what is required to recover damages in a serious bicycle accident. Insurance companies may want you to settle for less than your case is worth. Whether the case is settled or needs to go to trial, the Drexler Law Firm will fight for you. When you need the best Los Angeles bicycle accident attorney available, contact us at the Drexler Law Firm.
We provide legal services to the community in and around Sherman Oaks, the San Fernando Valley, the Greater Los Angeles area and Southern California. The Drexler Law Firm is conveniently located off of Interstate 405 and U.S. 101 at 13808 Ventura Boulevard, Sherman Oaks, California. Our office is in the shopping and business area between Mammoth Avenue and Matilija Avenue with free parking located behind our building.
The first step is to call The Drexler Law Firm. We can answer all your legal questions regarding your right to seek out damages for the injuries you or a loved one have suffered. We’ll help you understand the process and each step you need to take. If you need a Los Angeles bicycle accident attorney, call the Drexler Law Firm and get started today.
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