Bicycling can be an enjoyable form of exercise, pastime, or even an alternative way to be green when commuting. However, a serious bicycle accident can cause catastrophic injuries and consequences that are hugely detrimental to your health and your life. Most cyclists in Moreno Valley and the rest of California are aware that motorists often fail to pay attention to drivers and don’t behave appropriately when they are sharing the same space with disastrous results. Motorists and other dangers when cycling pose great risks to the bicyclists and can cause riders to suffer serious or even fatal injuries due to someone’s negligence. If you or a loved one were hurt while biking, contact an experienced Moreno Valley bicycle accident attorney to learn if you may be entitled to compensation for your injuries.
What Causes Bicycle Accidents?
With over 300 bicyclists killed annually and thousands more injured in accidents, California is the deadliest state in the country almost every year for bicycle riders. Accidents in Moreno Valley and elsewhere are most often caused by motor vehicle crashes, which have jumped from 40 to 46 percent as the cause of cyclist deaths from 2007 to 2016. Aside from car, truck, and bus crashes, common accident causes include:
- Biking while intoxicated or distracted,
- Weather conditions and time of day,
- Poorly maintained roads and bike paths,
- Loose animals,
- Collisions with other bicyclists, and
- Defective parts.
No matter how it happened, it’s often the case someone’s negligence caused your accident. You should check with a Moreno Valley bicycle accident attorney to see if you may have a viable case for recovery.
Why is Bicycling so Dangerous in Moreno Valley?
Moreno Valley, in the heart of Southern California, is near many urban areas where 71 percent of bicycle/motor vehicle accident fatalities occur. A booming community of more than 209,000 and rapidly expanding, bicyclists choosing to commute to work, take advantage of the climate to exercise, or otherwise ride on the roads with traffic face significant risk of accident and injury. In 2019, a bicyclist was hospitalized with severe injuries near dusk at the intersection of Kitching Street and Jonestown Drive after being struck by a vehicle.
Additionally, the area near Moreno Valley boasts numerous biking trails such as Wilderness Park and Two Tree’s Trail at Mountain Road where other bicyclists’ negligence and manufacturing defects can cause crashes and injuries. Biking at the wrong time of day, in the wrong weather, on busy streets, or around negligent people all present dangers bicyclists must be aware of when riding.
How do I win my Case? Negligence
It’s normal to wonder how to win your case and what you could recover after a bicycle accident. In California, if you and the other parties (or their insurance companies) can’t agree to settle your injury claim out of court you may need to file a lawsuit in court arguing someone’s negligence injured you and entitles you to compensation. To prove negligence, you must show:
- The other party had a legal duty of care to you,
- They breached that duty through an act or omission, and
- The breach caused your injuries.
In California, an accident victim may also establish the presumption of negligence by showing they were injured by someone who was in the process of breaking a law, rule, or regulation such as the speed limit or distracted driving.
If you can prove the other party was negligent, they’re liable for damages you can prove in court unless they can raise a valid legal defense. Bicycle accidents, especially when involved in collisions with comparatively massive, well-armored passenger vehicles, often result in astronomical medical bills due to catastrophic neck, back, head, spinal cord, and bone injuries among many others. You may be entitled to an award of damages for mental, physical, emotional, and financial injuries including:
- Medical bills,
- Lost wages,
- Lost future earning potential, and
- Property damage,
- Pain and suffering,
- Disability or disfigurement, and
- Loss of consortium (companionship).
Also, in some cases victims may be entitled to an additional award of damages by the court to punish a wrongdoer’s extremely vile behavior and deter them and others from repeating the conduct. Punitive damages are entirely discretionary and rarely given due to their high burden of proof, but they are best pursued with help from a skilled attorney.
What if I was Partly to Blame for The Bicycle Accident?
You may still be entitled to recover for your bicycle accident injuries even if you were partly at fault. California adopted the doctrine of comparative negligence in this and other personal injuries cases. This means your recovery will be reduced by the portion of fault you bore in the accident. The court will evaluate the facts of your case and assign every party involved a percentage of fault for what occurred. Any damages you’re awarded will be reduced by the percentage of fault the court assigned to you. damages you are can recover is in proportion to the amount of fault you are assigned in the injury-causing incident.
Contact a Moreno Valley Bicycle Accident Attorney Today
If you or a loved one have been injured while riding a bicycle, contact the skilled attorneys at Walton Law, APC today. It’s important you move quickly to protect your legal rights, preserve your ability to recover for your injuries, and put the best foot forward in your case. The knowledgeable bicycle accident attorneys at Walton Law, APC have years of experience providing dedicated, aggressive representation for clients like you and delivering results – we’ve secured millions of dollars in damages on behalf of our clients. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or through our online Contact Page to schedule your initial, risk free case evaluation today. There is no obligation, and you will pay nothing until we win your case. Let our attorneys evaluate your case, answer your questions, and fight for you to secure the best possible outcome from a bad situation starting now.