Bike Accident in Anaheim: Who's At Fault?

Legal Solution

The response provided below is specific to Bicycle Accident Attorney in the jurisdiction of Anaheim. If the response is inadequate, please submit a detailed inquiry.

Understanding Liability in Bicycle and Car Accidents

In Anaheim, as in many parts of California, determining liability in a car-bicycle collision is based on the principle of "comparative negligence." This means that both parties' actions leading up to the accident are assessed, and liability can be divided between them. While a car driver might be at fault for not signaling, the cyclist's actions, road conditions, and other factors might also play a role in determining the degree of fault.

Relevant Laws and Regulations

• California Vehicle Code Section 22107 - No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety.
• California Vehicle Code Section 21200 - Bicyclists have all the rights and responsibilities of vehicle drivers.
• For more information on local regulations, you might want to check the City of Anaheim's official website.

Possible Courses of Action

If you believe that the car driver's negligence was the primary cause of the accident, you can pursue a personal injury claim against the driver. Here are some steps you can consider:

1. Collect Evidence: Gather any evidence from the accident scene, such as photographs, witness statements, and any available CCTV footage.
2. Medical Attention: Ensure you get medical attention for your injuries, even if they seem minor.
3. Consult with an Attorney: Consider speaking with personal injury lawyers who specialize in bicycle accidents. They can guide you on the strength of your case and the potential compensation you might receive.

Expected Legal Fees in Anaheim

It's worth noting that many lawyers work on a contingency fee basis for personal injury cases. This means they only get paid if you win your case.

Seeking Further Details

To offer the best advice, it would be helpful to have more details about the incident. Specifically:

• Were there any witnesses present, and did you manage to get their contact details?
• Did the police arrive at the scene, and was a report filed?
• Have you already been in touch with any legal professionals about this incident?

Next Steps and Recommendations

I recommend that you find the right lawyer who specializes in bicycle accidents to discuss your specific case in detail. Ensure to gather all the evidence and documentation related to the accident.

Common Questions Related to Bicycle Accidents in Anaheim

Q1: What if I'm partially at fault for the accident?

In California, even if you are found to be partially at fault, you can still recover damages. However, your compensation might be reduced by the percentage of your fault.

Q2: Should I speak with the other party's insurance company directly?

It's recommended to consult with your lawyer before speaking to the other party's insurance. Anything you say can be used against you.

Q3: How long do I have to file a personal injury claim in California?

Typically, you have two years from the date of the accident. However, there are exceptions, so consult a lawyer for specifics.

Q4: Can I still claim if I wasn't wearing a helmet during the accident?

Yes, but not wearing a helmet might affect the amount of compensation you receive if injuries could have been minimized or prevented with a helmet.

Q5: What types of damages can I recover from a bicycle accident?

This can include medical expenses, lost wages, pain and suffering, and property damage, among others.