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Carmichael Bicycle Accident Lawyer


Over the last decade, California has become increasingly cycling-friendly, and the Sacramento area has recently improved with bike lanes and cycling paths. Cycling has become a significant hobby as people seek to become healthier and enjoy the outdoors. However, it is a shame that many drivers still have not learned how to share the road or fail to exercise the necessary caution and vigilance when approaching an intersection or stoplight.

Bicycling Accidents and California Negligence Law

Under California law, to hold a driver liable for the injuries you or a loved one suffered in a collision, there must be evidence that the driver was negligent. A driver is generally considered negligent when they owe a legal duty to another person, fails to act reasonably in light of that duty, and cause an injury. Essentially, a person commits negligence when they are careless or reckless in a way that puts life or limb in danger.

Negligence law applies to most roadway accident scenarios, including collisions between bicyclists and motorists. A car that runs a red light and hits another vehicle is negligent. A car that changes lanes without noticing the motorcycle in the other lane is negligent. The same is true about bicycles and bicycle accidents.

How Negligence Can Occur

There are many ways that negligence can impact cyclists and cause a crash and injury. Among some of the most common causes of cycling accidents are the following scenarios:

  • Sideswipes in bike lanes
  • Failure to look before changing lanes
  • “Dooring,” or otherwise creating a hazard for a cyclist
  • Collisions in crosswalks or in driveways while a car is turning

These preventable accidents are pervasive and occur regularly in and around Carmichael. Across Sacramento, almost 600 people are injured or killed annually in reported cycling accidents. As more people turn to bicycles as an alternative means of healthy, inexpensive transportation or recreation, those numbers will continue to rise.

The following video by the American Automobile Association (AAA) provides ways motorists and bicyclists can safely share the road.

What You Should Know Before Filing a Personal Injury Lawsuit

Filing a personal injury lawsuit in California is no small endeavor, and the legal process can be incredibly complex. First, you should know the statute of limitations governing personal injury lawsuits. The statute of limitations is a legal filing time limit set forth by the California legislature.

California’s personal injury claim statute of limitations is two years, meaning any claim filed after two years will likely be dismissed. If you plan to file a legal claim against a governmental agency (perhaps you were injured when your bicycle flipped over a large and dangerous crack in an uneven sidewalk), you must notify the government agency within six months of sustaining your injury.

Second, you will need to understand the various parties to a lawsuit. Most importantly, you must identify the person who caused your injuries and determine their insurance carrier. This is because the defendant’s auto insurance company will probably provide the legal defense for the driver and participate in settlement negotiations. If you were the victim of a hit-and-run accident, you could still pursue a financial recovery by filing a claim with your auto insurance company and accessing uninsured motorist coverage.

Carmichael Bicycle Accident FAQ

What should I do if I am injured in a bicycle accident?

If you have been injured in a bike accident, call 911 and wait for medical assistance. Even if your injuries are minor, do not refuse medical treatment. Head or internal injuries often don’t appear for hours or days after the accident. Exchange information with the driver who hit you. If the driver fled the scene, try to remember any details of the car, including the license plate. If there were witnesses, get their contact information. Go see a doctor as soon as possible. Do not talk to the other party’s insurance company; consult with an experienced bicycle accident lawyer to discuss your case.

If my bicycle accident was due to a road defect, can I still file an injury claim?

If your bike accident was caused by a pothole, a sign obscured by foliage, a malfunctioning traffic light, an uncovered manhole, or any other road hazards, you might have a claim against the city or municipality in charge of the road. However, the statute of limitations against a government entity is only six months from the accident date. It is essential to meet with an experienced injury attorney immediately to discuss your legal options. If you miss the filing deadline, you risk getting your case thrown out in court.

Bicycle Accident Attorneys in Carmichael, CA

If you have been injured or someone you love has been seriously hurt or killed in a bicycle accident due to a negligent motorist, please reach out to our Carmichael bicycle accident lawyers at (916) 921-6400 or (800) 404-5400. We are available to provide you with fast, free, friendly advice.

Please take a moment to visit our auto accident information website:  www.autoaccident.com

Editor’s Note: updated [cha 7.19.23] Photo by: Pixabay sb [cs 915 bw]