Compared to motor vehicle drivers, bicyclists have relatively no protection from others on the road. A bicycle helmet offers little in comparison to the frame of a car, airbags, and seat belts. As such, cyclists are vulnerable to severe injuries when involved in accidents. If a negligent party caused your bike wreck, you may be able to take legal action.
A Glendale bicycle accident lawyer could help you analyze your case and seek compensation for your injuries and damages. Do not hesitate to get in touch with an experienced personal injury attorney from our firm.
Common Bicycle Crash Injuries
The use of bicycles on the roadways is becoming more common. Despite the presence of more cyclists, many motorists do not respect bicyclists’ right to share the road. Consequently, many bicycle accidents in Glendale occur due to driver negligence. Potential injuries following an accident can include:
- Fractures and broken bones
- Crush injuries
- Severe skin damage and road rash
- Traumatic brain injury and whiplash
- Organ damage
- Spinal cord damage and paralysis
- Loss of limbs and appendages
Many of these injuries can be devastating, resulting in long-term medical conditions. A severe bike crash could even result in fatal injuries. When these unfortunate accidents occur due to another party’s negligence, injured cyclists or their surviving family members could seek significant financial compensation with the help of a local attorney.
How to Prove Negligence in a Glendale Cycling Injury Case
To win financial compensation in a lawsuit, a plaintiff must prove that the defendant was negligent and his or her negligence caused the accident. Negligence is a breach of the duty of care owed to cyclists.
Examples of negligence include speeding, failing to yield, running a red light, or any other forms of unsafe driving. If a large pothole caused the bicycle accident, the government entity responsible for maintaining that road could be negligent.
To establish liability, the plaintiff and his or her attorney must gather evidence to prove the other party was at fault. The injured party must also prove he or she suffered compensable damages. Potential pieces of evidence may include:
- Accident reports
- Law enforcement testimony
- Witness testimony
- Expert reconstruction
- Medical bills
- Past pay stubs
A diligent attorney could work with injured parties to gather the evidence necessary to succeed in court.
Navigating Statute of Limitations
A statute of limitations places a time limit on when a plaintiff can file a lawsuit. California Code § 335.1 requires that injured parties file their personal injury case within two years of the date of the accident.
Certain exceptions exist under state law, such as the “delayed discovery” rule. According to this rule, plaintiffs may have more time to file a claim if they did not discover their injuries within the statute of limitations. Additionally, the statute of limitations may be extended for certain individuals, such as people under the age of eighteen, mentally ill persons, or individuals in prison.
The statute of limitations is generally shorter for claims against a government agency. The time limit for filing a claim could be as short as six months. Additionally, the plaintiff may have to adhere to special notice procedures. It is crucial to bring any potential claim for a cycling injury to the attention of a qualified attorney as soon as possible.
Contact a Glendale Bicycle Accident Attorney Today
Bicycle accidents can leave you severely injured, and you may be feeling overwhelmed by your medical treatments and resulting bills. If you are dealing with the aftermath of a cycling wreck, consider talking to a legal professional today. A Glendale bicycle accident lawyer could help you get the compensation you need to aid your recovery.