Accident on Garfield Avenue Injures Bicycle Rider in Carmichael
A bicycle rider suffered an injury in a collision with a motor vehicle in Carmichael on February 6. The accident happened along Garfield Avenue between Marconi and Kenneth avenues around 12:15 in the afternoon. The California Highway Patrol (CHP) reported that emergency responders with the Sacramento Fire Department were called to the scene of the bicycle rider accident to assess the patient’s injuries.
Additional Information About the Bicycle Rider Accident
The patient was transported by fire department personnel to a hospital nearby with unspecified injuries. An investigation by the CHP is underway to determine how the accident happened and to assign fault.
Accidents Involving a Bicycle Rider
Bicycle riders and pedestrians are the most vulnerable to serious injuries when involved in an accident. Conspicuity is part of the problem because a motorist is less likely to see a bicycle rider or pedestrian since they are attuned to watching for other vehicles.
Liability in a Bicycle Accident
Motorists are responsible for the majority of bicycle accidents. Behavior such as not looking for bicyclists or failing to give the bicycle rider a minimum space of three feet causes many accidents. This lack of care, resulting in injuries to the plaintiff, is the basis of a personal injury case.
Proving Liability
Once an injury accident attorney is retained, his or her first job is to prove that the at-fault party was negligent. At our firm, this phase belongs to our investigative team. They are dispatched to the accident site to search for reasons the incident occurred.
To do this, accident reconstruction techniques are performed, and videos are obtained that show the bicycle rider accident as it occurred. The investigators contact witnesses to the accident to question them about what they saw. They also review police records of the accident for mistakes and talk to insurers.
How Is Liability Divided When a Bicycle Rider Is Injured?
There are two entities that may be responsible for the bicycle accident. One is the motorist who did not follow the rules of the road and the other is the city, county or state who is responsible for roads and other maintenance aimed at keeping bicyclists safe. Potholes and uneven pavement can cause serious injury to a bicycle rider. If this negligence exists, a claim can be filed against the government agency.
Such claims are different from other types of personal injury cases. One of the main differences is the time frame within which it can be filed. For example, if the accident was due to negligence on the part of the government agency, the injured individual has six months to file. The government has to respond within 45 days. If they approve the claim, negotiations will begin.
If the claim is refused, the claimant can file within six months. However, if the government agency fails to respond, the injured party has two years to file a lawsuit.
Carmichael Personal Injury Lawyer
I’m Ed Smith, a Carmichael personal injury lawyer. Bicycle accidents can cause serious injuries that can require hospitalization and other treatment that can result in high medical bills, lost wages, and pain and suffering. Contact me for my free, friendly advice at (916) 921-6400. You can also connect with me at (800) 404-5400 or by sending me an online message.
It is a true honor for me to belong to the following groups:
It can be a difficult decision whom to call when you need legal advice about your accident injury. You are invited to find out more about my law firm below:
I have helped Northern Californians and residents of Carmichael to get fair compensation for their injuries since 1982. This includes areas such as all kinds of traffic collisions, wrongful deaths, and bicycle accidents.
Attributed photo: https://pixabay.com/photos/bicycle-bike-biking-sport-cycle-384566/
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