Stockton Accident Attorney
Bicycle accidents can result in serious injuries, sometimes leading to death.
Everybody on the road, cyclists and drivers, are obligated to obey the rules of the road, including the responsibility of exercising care in regards to one’s own safety and that of others on the roadways.
When it comes to bicycle accidents, recovering damages for injuries suffered depends on two questions:
- did the negligence on the part of the driver cause the accident and resulting injuries to the bicyclist? and
- did any negligence of the bicyclist cause or contribute to the accident?
There are many different ways a driver can be negligent or reckless, such as speeding, running a stop sign and drifting into the bike lane. In a lawsuit alleging negligence by another person, plaintiffs typically must prove that the defendant acted in a way that violated a duty to care for others on the road.
Accident lawsuits come down to the facts of the specific case which is usually proven through an eyewitness testimony or other evidence such as a speeding ticket at the time of the accident. Every party in an accident could be a contributor to the accident, including cyclists.
Examples of biker negligence include riding the wrong way on a one-way street, running a stop sign and turning abruptly into traffic. Negligent cyclists may not be able to recover damages for injuries they suffer because they are the ones that caused the accident to happen. This is sometimes called contributory or comparative negligence.
If the cyclist caused injury to someone else, he or she may be held liable for that person’s injuries. If you are in a bicycle accident, whether a cyclist or automobile driver, make sure to contact an attorney who can determine the best course of action.
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How Bicyclists Can Avoid Accidents
Some things you can do as a bicyclist to avoid getting hit by a vehicle:
- Wear reflective clothing: one of the best means of defense is to be sure motorists can see you, in the daytime or the night time.
- Use lights: at night if you’re riding, you should be sure that your bike is equipped with a reflective rear light so you do not go unseen.
- Wear a helmet: Mom’s request is actually one of the best ways to defend against disaster. Protecting your head is one of the best means of safety when you ride. You should also note that if you fall a time or two, you should replace your helmet because it will not be as protective. Be sure your helmet fits properly and that it can sustain impact.
- Obey all laws: Following signs and regulations is extremely important when you’re biking on streets. You should bike in the same direction as moving traffic, and obey all lights. Bikes frequently cross red lights thinking they can make it before the other direction, but this often ends in disaster. Use bike lanes where they are available, and use your best judgement in knowing when conditions are safe or unsafe.
- Do not ride under the influence: Often overlooked, just like driving, you should never bike under the influence. A staggering number of bike fatalities involve cyclists who have a high BAC, or blood alcohol content.
When biking, and when driving, make sure to always be smart and remain alert. There are many variables on the road, and it’s important everyone does their due diligence to ensure safety for everyone. When accidents do happen, the injuries can catastrophic but depending on the factors, you may be entitled for compensation. Speak to a Stockton personal injury attorney who can evaluate your case and advise you on the best legal course of action to take.
If you were injured due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact an experienced Stockton auto accident lawyer to discuss your legal options. Sadiq Law Firm has the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.