Bicycle Accidents
PERSONAL INJURY LAWYER SHERMAN OAKS would like you to know that if you are involved in a bicycle accident, you may be eligible to launch a personal injury suit.
No one can file a personal injury claim on a whim. There must be suitable grounds for doing so.
Certain conduct is deemed sufficient grounds or reason for filing a personal injury claim against the individual, organization, or group that can be held responsible for causing your bicycle to be involved in an accident which injured you, the cyclist.
You must establish that your physical and/or emotional injuries were a result of their actions or failure to act. This is the foundation for your personal injury claim.
Grounds for personal injury claims usually lie in one of three categories:
PERSONAL INJURY LAWYER SHERMAN OAKS can help if you have sustained an injury in a bicycle accident resulting in the action or failure to act of an individual, group, or organization.
Your personal injury claim would fall under one of the following grounds:
Negligence
Negligence involves acting without proper care given the circumstances. For example, a driver who was not paying attention to his driving and swerved into a bike lane colliding with a cyclist may be held accountable for any injuries he or she caused to the cyclist if the cyclist was riding safely in the bike lane or the shoulder of the road. A motorist to drive too close to the bike lane or shoulder of the road may be held responsible for the colliding with the cyclist thereby injuring the cyclist.
A city or town or municipality might be deemed negligent in not repairing holes in the road which resulted in injury to the cyclist.
Strict Liability
In some circumstances, an individual, group, or organization may be held accountable for personal injuries to a cyclist caused regardless of intent or negligence. Cities and towns are held accountable for the condition of bike lanes or municipal bike paths which might result in injury to a cyclist because of pot holes, ruts, stones, or other obstructions which the individual or organization failed to keep in good repair.
Intentional Conduct
If an individual, group, or organization intentionally acts in a way that harms a bicyclist,that individual, group or organization may face a personal injury or wrongful death suit. If intent is proven criminal charges may be laid as intentional misconduct is illegal behavior.
A civil suit would be lodged by the cyclist and/or his family.
Criminal courts would try the criminal suit.
If you are involved in a bicycle accident and have grounds for a lawsuit, you have a legal right to recover financial damages related to medical care and lost wages as a result of the accident. You also have a right to make a claim for pain and emotional suffering that was directly related to your bicycle accident.
If you have been involved in a bicycle accident contact PERSONAL INJURY LAWYER SHERMAN OAKS to discuss whether you may have grounds for a personal injury claim.
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