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Bicycle Accident Lawyer Westlake Village
Have you been involved in a bicycle accident, contact an experienced bicycle accident lawyer in Westlake Village to guide you through the legal process of filing a claim, provide you with the necessary support to ensure your claim, and obtain maximum compensation for losses you suffered as a result of the accident?
Every year, thousands of people die due to bicycle accidents. Usually, other motorists are to blame for bicycle accidents. These accidents often leave victims devastated and traumatized.
At Bojat Law Group, we are committed to ensuring that bicycle accident victims obtain fair compensation. Learn everything about bicycle accidents.
Causes of bicycle accidents in Westlake Village
Bicycle accidents are likely to lead to catastrophic injuries because riding a bicycle leaves you at risk even with a helmet. There are other causes of bicycle accidents, but the cause of a vast majority of bicycle accidents is motor vehicles.
Below are some of the common causes of bicycle accidents
- A person in a parked car opens a door on the bicyclist’s path.
- Failing to yield right of way, causing uncontrolled intersection accidents.
- Riding a damaged, poorly repaired, or defective bike.
- A bicyclist rides against oncoming traffic.
- A motor vehicle makes a turn into the bicyclist’s path.
- Intentional acts, acts of violence.
- A motor vehicle overtaking or side sweeping bicyclist.
- Driver or bicyclist disobeying traffic signs.
- A cyclist collides with another cyclist or a pedestrian.
Tips to decrease the risk of bicycle/motor vehicle accidents.
- Always use a helmet when going on bicycle rides. It reduces the risk of head, face, and neck injuries.
- Increase visibility by putting lights on the front and back of your bicycle, wearing bright clothing, and riding during the day.
- Don’t ride while intoxicated, or under the influence.
- Obey traffic signs.
- Ride on the right side of the road, with the traffic flow, never against it.
Who can be held responsible for your Westlake bicycle accident?
Liability in a bicycle accident lawsuit depends on the cause of the collision and the party at fault.
If the accident was caused by a motor vehicle, the injured bicyclist has the right to file a claim against the driver, or the auto insurance company of the driver.
If the bicycle was poorly repaired the bicyclist can file a claim against the person repairing the bicycle, on the grounds of negligence.
If the accident was caused by a pedestrian or another cyclist by failing to yield right of way, the bicyclist can file a claim against them.
If the bicycle was defective, or poorly designed, the bicyclist is eligible to file a claim against the bike manufacturer.
If the road was in poor condition or maintenance and the cyclist’s accident resulted from the road conditions, the cyclist can file a claim against the government agencies responsible for maintaining the road.
Determining liability in a bicycle accident
Determining who is liable for damages depends on who is at fault, and the degree of fault.
If the cyclist is at fault for the accident, they will not be able to collect any compensation for damages. They may have to pay damages for any injury sustained by the other parties involved.
If the fault is shared between the other party and the bicyclist, in compliance with the rules of comparative negligence, they may receive compensation for damages at a diminished rate, which may reduce according to the degree to which they are at fault.
How to prove a bicycle accident claim.
As with every lawsuit, the bicycle accident victim must prove elements to establish the claim.
- The at-fault party owed the bicyclist a duty of care, that is, to drive safely and carefully nearby cyclists.
- There was a breach of duty.
- The breach of duty caused the victim’s accident.
- The victim suffered harm as a result.
There has to be evidence to prove the negligence of the at-fault party.
Steps immediately after a bicycle accident.
The actions you take after a bicycle accident can affect the outcome of your case. Here are the things you should and should not do after a bicycle accident.
What to do;
- Find somewhere safe from other road users if you are not severely injured.
- Call 911 for police and emergency care.
- Exchange information with the motor vehicle driver, pedestrian, or cyclist. Name, phone number, license, and insurance card.
- Collect evidence by taking photos and videos of property damage, injuries, and the accident scene. Take down notes on the accident and collect the names and contact information of eyewitnesses.
- Report your version of the accident to the police, and take down the police report number and badge number of the police officer in charge of your accident.
- Keep records of all losses incurred due to the accident.
- Hire an experienced bicycle accident attorney in Westlake Village.
Here are the things you should NOT do after a bicycle accident.
- Don’t react in anger and don’t apologize for the accident, any apology you give can be construed as an admission of fault.
- Don’t negotiate a settlement with the at-fault party, without the counsel of your lawyer.
- Don’t speak to the at-fault’s party insurance company representatives.
- Don’t delay seeking medical attention.
Damage in a bicycle accident claim
The types of damage a bicycle accident victim can claim are dependent on the severity of their injuries.
They are three types of damage, they include;
These are all damages that may have a direct financial component, that is, quantifiable losses. They include, but are not limited to;
- Loss of income
- Loss of earning capacity
- Medical expenses
- Damaged property
These are losses that do not have a direct financial component. They are the effect of the accident on the victim. They include, but are not limited to;
- Loss of enjoyment, and quality of life.
- Pain and suffering.
- Trauma, and emotional distress.
- Scarring and disfigurement.
This is awarded to punish the at-fault party and set an example, to prevent others from engaging in similar acts.