Proving Negligence in a Los Angeles Bike Accident Case

Thousands of bicyclists share the road with motor vehicle drivers and pedestrians daily in Los Angeles. When a harmful bike accident occurs, the victim may be eligible for financial compensation from one or more parties. To get coverage for medical bills and property damage, however, the cyclist needs to prove negligence.

What Does “Negligence” Mean in a Personal Injury Claim?

In a personal injury or motor vehicle accident claim, “negligence” means a failure to act with ordinary care, or the level of care that a reasonable and prudent person would have exercised in the same or similar circumstances. It can refer to any careless or reckless act that falls short of the applicable standards for the situation.

The Four “Ds” of Negligence 

A driver or party that is guilty of negligence in connection with a bicycle accident can be held responsible or liable for paying for the damages under California’s fault-based insurance laws. It is the injured victim’s or plaintiff’s burden to prove negligence before a settlement will be offered by an insurance company.

Proving negligence requires evidence of four key elements:

1. Duty of care: a responsibility to act with a certain amount of care to prevent harm and injury to others.
2. Dereliction of duty: an act or omission that falls outside of the required duty of care.
3. Direct cause: a connection between the defendant’s breach of the duty of care and the bicycle accident.
4. Damages: real, specific losses suffered by the victim because of the bicycle accident.

The burden of proof that must be met in a bicycle accident claim is “based on a preponderance of the evidence,” meaning the claim is more likely to be true than not true. Meeting this burden of proof and qualifying for compensation requires compelling evidence to support the bike accident case.

Examples of Negligence in Los Angeles Bicycle Accident Cases

In a bicycle accident case, negligence can describe many actions and behaviors that violate traffic laws or demonstrate a wanton disregard for the safety of others on the road. Common examples include:

• Speeding or driving too fast for conditions
• Failing to keep a proper lookout
• Driving while distracted
• Driving under the influence (DUI)
• Drowsy driving
• Failing to yield to cyclists
• Reckless driving
• Following too closely
• Red-light running

Besides driver errors, other top causes of bicycle accidents are dangerous road conditions due to a lack of maintenance, bad weather, animals crossing the road and defective bicycle parts.

What Evidence Should I Gather to Prove My Bike Accident Case?

You can improve your bicycle accident claim’s odds of success by gathering quality evidence as early as possible. Start at the accident scene. If you can, collect the following:

• A police accident report 
• Eyewitness statements 
• The driver’s name and insurance information 
• The vehicle identification number 
• Photos of the accident scene and your damaged bicycle 
• Video clips from nearby cameras

After you leave the scene of your accident, get medical care and obtain copies of your medical records. Get an estimate of your property damage, as well, and keep other proof-of-loss documentation. Bring your evidence to a free consultation with a Los Angeles bicycle accident attorney to discuss your rights. 

How a Bicycle Accident Lawyer in Los Angeles Can Help

An experienced bike accident lawyer will know how to build the strongest claim possible on your behalf. A Los Angeles law firm handling personal injury lawsuits will have access to important resources, including medical experts and accident reconstruction experts who can strengthen your case by testifying. Your lawyer can secure evidence of negligence and go up against one or multiple defendants. Meanwhile, you can concentrate on healing. To discuss proving negligence in a recent bicycle accident in Los Angeles, contact Rose, Klein & Marias, LLP, for a free consultation.