Many people enjoy the advantages that traveling by bike brings in Walnut Creek. Cycling is better for the environment than traveling by car, it provides great exercise, and is an excellent way to enjoy the beautiful weather in the city. Unfortunately, cycling also carries its own set of risks, and cyclists should understand the danger they face every time they head out on the road. When a cyclist is hit by a driver, which happens all too often in California, they can claim compensation for the damages they have sustained. The injuries cyclists incur during a crash can be serious, making these claims often difficult to pursue. A Walnut Creek bicycle accident lawyer can help accident victims secure the compensation they deserve.
Proving a Bicycle Accident ClaimAlthough it is often clear to a cyclist that the driver was at fault for the crash, they must still prove the driver was negligent and caused the accident. When proving a driver was at fault for a crash, injured individuals must prove:
Proving a driver was negligent and caused an accident that resulted in serious injury is not easy, particularly for accident victims who are recovering from injuries. A Walnut Creek bicycle accident lawyer will conduct an investigation to collect evidence to prove that the driver was at fault.
Comparative Negligence in Bicycle Accident ClaimsAfter the injured party files a bicycle accident claim against a negligent driver, the other side will likely try to argue that the cyclist was partly at fault for the crash. This is sometimes a valid defense under California’s comparative negligence laws.
The comparative negligence law recognizes that more than one party can be at fault for an accident, and that all negligent parties can be held liable. California follows a pure comparative negligence model, meaning that even if an accident victim is 99% to blame for the accident, they can still seek compensation for the remaining 1% of damages. A negligent driver may argue that the cyclist violated California’s bicycle laws and therefore is partly liable for the accident. This defense limits the amount of compensation the negligent driver must cover.
Due to the comparative negligence laws of the state and how they can greatly affect the compensation a cyclist receives, it is crucial that all accident victims seek the help of a bicycle accident attorney in Walnut Creek right away.
Our California Bicycle Accident Lawyer is Here to HelpBiking is certainly a great way to get around California, but it does pose risks for the cyclist. If you have been injured in a crash caused by a negligent driver, you need the help of an aggressive bicycle accident attorney in Walnut Creek who can give you the best chance of a positive outcome with your case. At the Brod Law Firm, we have a proven track record of success and will fight for your right to secure the compensation you deserve. Call us today at (800) 427-7020 or contact us online to schedule a free case evaluation with our skilled attorney to learn more about how he can help with your case.