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Liability for a Los Angeles bike accident injury
There are three most likely scenarios for how you could be injured as a Los Angeles bicyclist, and how the accident happened would inform whether you can recover damages.
Personal injury law hinges on the concept that a plaintiff (the injured person) can recover financially from someone whose negligence caused their injury.
Depending on the type of accident, this could produce a variety of potential defendants. For instance, if you were injured because you fell off your bike after hitting an unreasonably large pothole that should have been fixed, you might have a lawsuit against the city (or whatever municipal agency was in charge of maintaining that road). The same might be true if the injury happened because of negligent placement of traffic signals or signs, or something else that is a property- or road-related hazard.
These kinds of injuries would fall under the category of personal injury law known as premises liability. Your lawyer would determine what agency or individual is responsible for maintaining the road or property where you were injured, and if the accident was the result of faulty maintenance or similar hazard. It’s important to note that lawsuits against a government agency are procedurally different from lawsuits against private people or businesses. There could be shorter deadlines and additional paperwork and notice that needs to be filed. If your injury is related to a property hazard on a public roadway, you should consult a California lawyer immediately so they can guide you through the process.
If your injury was caused by a collision with a car, truck, bus, or other motor vehicle, you should be able to receive damages (financial compensation for your costs) if the driver was at fault for the crash.
California is an at-fault state, which means the person who caused the crash should be the person who pays for the injured person’s damages.
Your first move is usually to pursue a settlement with the at-fault person’s insurance company. And, sometimes that’s a smooth process and you’re able to get the damages you need with just a few phone calls and no hassle.
But realistically, this is often easier said than done.
California is a pure comparative negligence state. A plaintiff’s compensation would be reduced by the percentage to which they are at fault, even if they didn’t cause the accident. So, for instance, if you’re a bicyclist who was injured by being hit by a speeding car, the driver’s insurance company might look for reasons why you contributed to the accident, too. Perhaps the driver clearly caused the crash because they were speeding but you were wearing AirPods in both ears at the time—the insurance company (and the courts) could reduce your damage amount if they find that if you’d only worn one AirPod, you would have been more likely to hear the speeding vehicle approach and might have been able to swerve out of the way and avoid being hit.
Your lawyer has several roles
- Minimize your liability so you can receive the maximum amount of compensation.
- Determine exactly how much you should receive in damages. This is important because if your injuries are severe or will require future medical treatment or costs, you don’t want to be shortchanged. Your lawyer will work with medical and financial experts to figure out not just what you’re owed now, but what additional costs will be.
- Advocate for you to receive the settlement or damage award you deserve.
Remember this: The insurance company (even if it’s your own) isn’t always on your side. An insurance company makes money when it pays out less in benefits than it receives in premium payments—so it’s always going to settle for the least amount of money that you’re willing to accept.
On the other hand, your lawyer only makes money if you do. If you win, they win. The insurance company’s job is to settle the claim and make it “go away.” The lawyer’s job is to help you to receive the amount of money you need to cover your losses.
You need a competent, experienced Los Angeles bicycle accident lawyer to ensure that you receive every penny you deserve to move forward from your accident and your injuries.
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