Bicycle Accident Attorney in Cudahy, CA

Bicycle accident claims in Cudahy, California

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

Most California personal injury claims must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). If the claim is against a city, county, transit agency, school district, or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2). Missing either deadline can end the claim permanently. A person riding a bicycle on a roadway has the rights and duties of a driver (Vehicle Code § 21200), and a driver passing a bicycle must allow at least three feet of clearance or slow and pass only when safe (Vehicle Code § 21760). Riders and passengers under 18 must wear a helmet (Vehicle Code § 21212); not wearing one is not a bar to recovery for an adult.

What if I was partly at fault for the accident?

California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Being partly at fault does not bar recovery — compensation is reduced by the injured person's own percentage of fault. Under Civil Code § 1431.2, economic damages are joint and several among defendants, while non-economic damages are apportioned by each defendant's share of fault.

What does it cost to hire a personal injury attorney?

These cases are handled on a contingency fee — no fee unless we win. If the lawsuit does not succeed, the firm does not charge the client. The initial consultation is free.

What compensation can I recover in a California injury claim?

California allows recovery of economic damages — past and future medical expenses, lost earnings, lost earning capacity and out-of-pocket costs — and non-economic damages such as physical pain, mental suffering, inconvenience, disfigurement and loss of enjoyment of life (CACI 3903, CACI 3905). Punitive damages are available only where the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any individual claim is worth depends on the evidence in that case; no lawyer can promise an amount.

Where is a cyclist required to ride?

A cyclist travelling slower than traffic must generally ride as close as practicable to the right-hand curb, with exceptions for passing, preparing to turn, avoiding hazards and lanes too narrow to share (Vehicle Code § 21202). Vehicle Code § 21208 governs riding in a bicycle lane and contains similar exceptions. Riding outside those positions is judged under pure comparative negligence, not treated as an automatic bar.

What if a pothole or road defect caused the crash?

A claim against a public entity for a dangerous condition of public property arises under Government Code § 835, and a written claim must be presented to the entity within six months (Government Code § 911.2). Public entities also have a design immunity defense for features built to an approved design (Government Code § 830.6), so the condition, notice and approval history all matter.

Do I have to give the other side's insurance company a statement?

Nothing in California law requires an injured person to give a recorded statement to another party's insurance company. Your own policy is different: auto policies contain a cooperation clause, so notify your own insurer promptly. Insurance Code § 790.03(h) bars an insurer from misrepresenting facts or policy provisions to a claimant, but the adjuster still represents the other side's interests.

How long does a personal injury case take in California?

The length of a case depends on medical treatment, disputes over liability and the court's calendar, so no schedule can be promised. Two timing rules shape every case: the complaint must be filed within the limitations period, and once filed, an action must be brought to trial within five years (Code of Civil Procedure § 583.310). Many claims resolve before trial; some do not.

Who pays my medical bills while the claim is pending?

In the meantime, treatment is usually paid by health insurance, by medical payments coverage on an auto policy where that coverage exists, or by a provider who agrees to wait for payment. A provider or health plan that paid may assert a lien or right of reimbursement against any later recovery, and Civil Code § 3040 limits how much certain health-care service plan liens may take from a settlement. These amounts are resolved when the claim resolves.

What to do after a bicycle accident

1. Call 911 and keep the bicycle, helmet and damaged clothing exactly as they are — they are physical evidence of impact forces.
2. Get medical attention and follow through with the treatment your provider recommends; gaps in care are routinely used to dispute an injury.
3. Report the incident and get the report number — a police, transit, or property-owner incident report creates a dated record.
4. Photograph the scene, vehicles or hazard, and visible injuries, and write down the names and phone numbers of any witnesses.
5. Give no recorded statement and sign no release or medical authorization for an insurer before getting legal advice.
6. Note both deadlines that may apply — two years under Code of Civil Procedure § 335.1, and six months to present a claim to a public entity under Government Code § 911.2.

To speak with a California Personal Injury Attorneys lawyer about a bicycle accident claim, call (800) 800-8910. The consultation is free and the line is answered 24 hours a day, Monday through Sunday.