When cars hit bicycles, the driver responsible for the accident usually falls back on the same tired excuse, “It came out of nowhere.” In reality, this only means that the driver wasn’t alert enough to see that there was a person in the path of his or her motor vehicle.
Have you or a loved one suffered injuries in a bicycle accident? If so, our personal injury attorneys understand the devastation this has brought to your life, and we can help you recover the compensation you need. Call to work with a Visalia bicycle accident lawyer today. If you are suffering from injuries sustained in a bike crash, a determined Visalia bicycle accident lawyer has the experience, practical skills, and legal knowledge to stand up and fight for your rights.
Performing a Detailed Investigation
After meeting with you to discuss what happened, our dedicated Visalia attorneys could conduct our own detailed investigation to gain a full understanding of what caused the bike accident. We could carefully comb through the evidence to uncover critical evidence. We would examine the police accident report, interview witnesses to learn what they observed, review traffic and video-camera surveillance footage, and look for other clues that point to the cause of the accident.
Working With Accident Reconstruction Experts
Although the driver at fault may say you “came out of nowhere,” our Visalia bicycle accident attorneys can work with experts to prove that this is not true. While bicycles are harder to spot than other cars due to their small frames, that should not be an excuse for negligent driving behaviors by a motorist. Although many drivers routinely check around them for approaching vehicles, they do not always look out for people on bikes.
An accident reconstruction engineer can examine the scene and determine when you should have first been seen. Experts in conspicuity and human factors can analyze lighting conditions and typical patterns of behavior. Finally, traffic engineers and traffic safety experts can examine signage and roadway construction to see if the road itself contributed to your accident.
Identifying Potential Defendants
After performing an independent investigation along with skilled accident reconstruction experts, we could identify all potential defendants, such as the following:
- At fault driver if behaviors, such as distracted driving, fatigued driving, drunk driving, speeding, or other negligent or reckless driving behaviors caused the collision
- Negligent automobile manufacturer for producing unsafe automotive parts if a faulty part, such as defective brakes, contributed to the crash
- A mechanic who failed to make the necessary repairs on a vehicle
- Governmental or municipal authority in charge of the roadway maintenance and repairs if dangerous road conditions caused the crash
Our Visalia bicycle accident attorneys could help develop a robust claim against all potentially liable parties in order to maximize your potential compensation.
What Happens if a Cyclist Is Partially At Fault for Their Accident?
If you believe your actions on the bike might have partially contributed to the case, you might be concerned about the effect this might have on your ability to seek legal damages. Fortunately, California courts take a pure comparative negligence approach to cases involving shared blame. Under California law, you would likely still be able to pursue your case even if a court determines that your actions somehow contributed to the accident. This is the case even if your actions were more responsible for causing the crash than the defendant against whom you are filing a claim. However, with comparative negligence, if your claim is successful, the court would reduce the amount of compensation that you could recover by your percentage of fault.
For example, if you were riding your bike in the dark with no reflective gear or lights and were struck by a motorist who was speeding, a court might determine that you were 30 percent to blame for the crash, while the negligent driver was 70 percent at fault. If your case is successful, you would be eligible to collect 70 percent of your total damages.
Understanding comparative negligence can be difficult, which is why working with our Visalia bicycle crash attorneys, who have successfully handled numerous comparative-fault cases, is essential.
Contact a Visalia Bike Crash Attorney Before Evidence Deteriorates
For accident reconstruction experts to provide any insight into the cause of your accident, they need to see physical evidence. As your Visalia bicycle accident lawyers, we will need to interview witnesses and take their testimony. Unfortunately, evidence will quickly begin to deteriorate and witnesses will quickly begin to forget what they saw. To give yourself the best chance of building the strongest possible case, it is critical that you consult with an attorney as soon as possible so we can start gathering proof and developing your case. Contact our team today.