While wearing appropriate safety gear and obeying the rules of the road can help reduce the risk of injury from a bicycle accident, there is unfortunately not much a cyclist can do about the negligent behavior of drivers sharing the road with them. However, in the aftermath of such an incident, it may be possible for injured cyclists to hold the negligent party legally responsible for their damages.
If you were struck by an irresponsible driver while riding your bike, a Stockton bicycle accident lawyer could help you fight for financial compensation from the responsible party. A skilled personal injury attorney could guide you through your claim step by step, tirelessly seeking the restitution you deserve.
What Types of Compensation Could an Injured Cyclists Recover?
Cyclists have relatively little protection compared to drivers and passengers in commuter cars and SUVs, meaning they often suffer severe injuries when involved in traffic accidents. Fortunately, if you were injured while biking, you could pursue a civil claim to recover compensation for all the economic and economic losses you incurred following the accident. You can also pursue compensation for the damages you will incur in the future.
Common types of economic damages include:
- Past and future medical care
- Wages lost due to time missed from work
- Lost earning capacity
- Costs of repairing or replacing damaged property, including your bicycle
Non-economic damages may include pain and suffering, lost consortium with a spouse, lost enjoyment of life, and emotional anguish such as symptoms of post-traumatic stress disorder (PTSD).
Will Missing the Filing Deadline Impact Compensation?
According to California Code of Civil Procedure §335.1, you must file your claim within two years of the date you first discovered your injuries. Missing this deadline can hinder your chances of recovering compensation. A Stockton attorney could help you keep track of important deadlines and maximize your recovery after a serious bike accident.
Comparative Fault in a Stockton Injury Claim
Despite the fact that bicyclists involved in traffic accidents almost always experience more severe injuries than the drivers who collide with them, it is possible for cyclists to bear partial fault for an accident. Under California’s pure comparative fault system, plaintiffs who bear a percentage of fault for their damages are subject to a proportional reduction of any damage award they ultimately receive.
Fortunately, you can still recover at least some compensation even if you are more at fault for your injuries than the other party. However, it is still wise to seek help from a bicycle collision attorney who could help you contest partial fault allegations.
Consider Working with a Stockton Bicycle Accident Attorney
Bicycle accidents cause serious and sometimes life-altering injuries to cyclists all over California. Unfortunately, many of these accidents occur due to a driver’s negligence. If a reckless motorist struck you while riding a bike, you could take legal action.
Whether you decide to seek a settlement or take your case to trial, a qualified Stockton bicycle accident lawyer could support you through every step of the case. Call us today to schedule an initial consultation with a legal professional.