The Rights of Injured Cyclists after Crashing

You are riding your bicycle through the Tustin area when, suddenly, a car crashes into you. You are lying on the pavement in pain, and people are gathering around you. Someone calls 911, and an ambulance takes you to the hospital, where you receive emergency care. Finally, after many hours, you return home with an extensive treatment plan you must follow for your injuries to heal. As you face a difficult path to recovery, it is only natural to wonder what your legal rights might be under California law.

The best way to know your rights is to discuss your specific accident and injuries with an experienced Tustin bicycle accident lawyer. However, the following is an overview of what an injured cyclist’s rights might be.

The Right to Hold Negligent Parties Liable for Your Losses

Generally speaking, personal injury law exists to provide rights to people who are injured at the fault of others. These rights involve seeking compensation for all of your accident-related losses by filing an insurance claim or personal injury lawsuit. But how do you know who should be liable for your losses so you can exercise your rights?

Negligent Drivers

Drivers are a leading cause of bicycle accidents and injuries. Cyclists are fully allowed to use our roadways to travel, and motor vehicle drivers are expected to share the road with cyclists. Unfortunately, we all know that drivers can be impatient or simply distracted, and they can collide with bicyclists who were following the rules of the road.

When a driver is negligent and crashes into you on your bike, you should file an insurance claim against that driver. If the driver was on the job – such as a delivery driver – you might also be able to file an insurance claim against their employer. You should discuss the appropriate claims with an experienced attorney and let them handle the entire insurance process.

Dangerous Road Hazards

While drivers commonly cause bike accidents, they are not the only cause of these crashes in the Tustin area. Sometimes, a cyclist will suddenly encounter a dangerous road hazard, which will cause them to crash without any drivers involved. Such hazards might include:

• Large cracks in the pavement
• Potholes
• Uneven bike lanes
• Unclear lane markers
• Gravel or other obstacles
• Lifted areas of asphalts

Whether a road, bike lane, or path needed repairs, the entity responsible for maintaining that stretch should be liable for injuries to cyclists. This might include a private property owner, a commercial business, the city, or even the State of California, depending on where the accident happened. Claims against public entities and companies are always challenging, so you want the right lawyer on your side right away.

The Right to Compensation

The reason you file a claim is that cyclists have the right to be compensated for their losses when an accident was not their fault. Such losses can include:

• Medical bills
• Lost income
• Pain and suffering
• Permanent injuries

The right lawyer will be able to calculate the full amount you deserve and stand up for your rights to obtain maximum financial recovery.