As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.
- Abraham Lincoln
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How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law
How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law
Salinas Bicycle Accident Lawyers
California Law
In California, bicycling is extremely popular. But more bicycles on the roadway leads to more bicycle accidents. The California Vehicle Code provides that bicyclists have the same rights and responsibilities as drivers of motor vehicles. A bicyclist and driver are subjected to the same traffic laws (e.g., obeying traffic signals). A bicyclist must go with the flow of traffic, obey closed road signs, and remain in the designated bike lane if traveling slower than motor vehicle traffic.
However, California law gives added protections to cyclists.
In particular, California drivers are required to give cyclists at least three feet of space when driving alongside or passing. Specifically, bicyclists have the right to “take the lane,” even if going slower than traffic. This means under certain circumstances a cyclist can come into the flow of vehicle traffic and have the right-of-way.
Examples of when bicyclists have the right to take the lane include:
- When avoiding hazards in the roadway,
- When a lane is too narrow to share and they must pass, and
- When preparing for a left turn.
If you were injured in a bicycle accident while rightfully taking the lane, you may be entitled to compensation for your injuries.
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Common Bicycle Accident Injuries
In a collision, a bicycle usually loses against a motor vehicle. This often results in injuries—sometimes severe—for the cyclist. Common bicycle accident injuries include:
- Broken bones,
- Lacerations,
- Skull fractures,
- Road rash,
- Internal bleeding, and
- Spinal cord injuries.
If you have suffered injuries as a result of a bicycle accident, contact the Salinas bicycle accident attorneys at Silva Injury Law.
Proving Negligence in a Bicycle Accident Case
If you were injured in a bicycle accident, the person that caused the collision will be responsible. As in any other personal injury claim, the plaintiff must prove the defendant acted negligently. Specifically, the plaintiff must prove four essential elements:
- The other party owed a duty of care to the plaintiff,
- The other party breached that duty,
- The breach of duty caused the accident and injuries, and
- The plaintiff suffered damages as a result.
There also may be more than one negligent party. Other potentially liable parties include:
- Employers,
- Municipalities,
- Other drivers or vehicles, and
- Pedestrians.
An experienced bicycle accident lawyer in Salinas, CA will be able to identify any potentially responsible parties.
The strength of a plaintiff’s case will depend on the quantity and quality of evidence they have. Common examples of evidence are:
- Police reports,
- Medical bills,
- Eye witness statements and testimony,
- Video surveillance of the accident, and
- Expert testimony.
Each case is unique, and you may have many forms of evidence or you may have only one. Do not get hung up on what you may not have. Sometimes having only one or two strong key pieces of evidence is all you need. Proving negligence can be tricky, but our Salinas bicycle accident lawyers know exactly what to look for. Let us help you build a strong case!
Average Settlement
Clients often wonder what is the average settlement for bicycle accident lawsuits? However, each individual case is unique with specific facts and circumstances. The amount of recovery is determined by several factors including:
- The seriousness of the injuries,
- Outstanding medical bills,
- Lost wages and inability to earn, and
- Type and amount of insurance coverage.
Each of these will be specific to the individual client. At Silva Injury Law we treat each client with compassion and the personal attention they deserve. Contact us to discuss your case today!
Promoting Healing Through Compassionate Advocacy
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
Contact a Salinas Bicycle Accident Lawyer
If you are a bicyclist injured in an accident, you need a skilled Salinas bicycle accident attorney on your side. Many variables will factor into your ability to recover compensation for your injuries. At Silva Injury Law, we treat our clients like family. Our personal injury attorneys work hard to achieve the best possible outcome for each of our clients. Here, we believe in advocating compassionately to reach your goals. Contact us today to schedule a consultation.