Where Do Bicycle Accidents Most Frequently Occur?

Some of the most common ways that bicycle accidents occur in California include: Crashes At Intersections – If a driver fails to stop at an intersection while a cyclist does, it often results in a rear-end collision. This is frequently due to the driver speeding or being distracted, ultimately leading to an accident. Door Crashes – A parked car door may be opened by a driver without noticing a cyclist approaching from behind, causing the cyclist to collide with the open door. Left Turn Crashes – At an intersection, a cyclist collided with the side of a car when a driver made a left-hand turn without paying attention and cut in front of the cyclist. Right Turn Crashes – When a car and a cyclist are approaching an intersection, the driver may make a mistake by turning right, but not staying within their lane and instead crossing into the bicycle lane. This mistake can result in a collision with the cyclist who is going straight. Often, the driver forgets to use their right turn signal, which can be dangerous and lead to severe injuries for the cyclist.

What Are The Statute Of Limitations For Bicycle Accident Claims In California?

The statute of limitation is the time limit for filing a legal claim, based on the type of case. In California, the time limit for filing a bicycle accident claim depends on certain factors. If you are bringing a lawsuit against the government, you typically have six months from the date of the accident. If you are bringing a lawsuit against a private citizen, you typically have two years from the date of the accident. There are some cases when exceptions can be made for the statute of limitations. If you only realize your injuries further down the line, the statute may be extended. Additionally, accidents involving minors have a different time limit where the countdown begins from the age of 18 instead of the date of the injury.

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Rear-End Accident Lawyers in El Segundo, California

The National Highway Traffic Safety Administration (NHTSA) states that most vehicle crashes are due to rear-end collisions. If you or someone you know was hurt in a similar type of accident, our El Segundo rear-end accident lawyers can assist you in obtaining damages, even if you are partly responsible for the accident. You may be eligible for compensation for expenses related to medical care, property damage, lost wages, and pain and suffering. If a loved one died in the accident, you may be able to file a wrongful death claim for compensation. A personal injury attorney can help you determine who was liable for your accident and identify awards you may pursue. Contact Sheridan & Rund, PC Kahroba today for a free consultation and to learn more about how we can help.

Common Faults and Causes of Rear-End Accidents in California

In most cases, if you were the first car to get hit in a rear-end accident, the fault lies with the driver who hit you. However, there are situations where the driver of the front car can be held responsible, such as if they were breaking traffic rules, driving dangerously, or being careless. According to the NHTSA, as many as 50% of rear-end collisions happen due to distracted driving like eating, using phones, or reaching for something while driving. Other factors that contribute to such accidents include:

Stopping short
Improper lane changes
Speeding
Operating a vehicle while under the influence of alcohol or drugs
Bad weather
Poor road conditions
Faulty brake lights
Following too closely

If you get into a car accident, it’s possible that another driver, the vehicle manufacturer, or the group responsible for maintaining the road might be responsible. Even if you share the blame, you can still try to receive compensation in California. The state uses a system known as pure comparative negligence, which allows you to pursue damages equivalent to the percentage of the accident for which you’re not at fault.

Common Injuries Associated With Rear-End Accidents

After getting into a crash, you may not realize you’re injured due to shock and confusion. It’s important to check yourself for injuries when you get home. Whiplash, a common neck injury caused by rear-end collisions, can cause symptoms such as neck stiffness, pain in the shoulders, upper back, or arms, loss of range of motion in the neck, and headaches. These symptoms usually appear within a few days of the injury, according to Mayo Clinic.

If you experience any injuries after a rear-end collision, it’s important to seek medical attention right away. While whiplash can often be treated with time, pain medication, and exercise, it can also result in chronic neck pain. Additionally, be sure to exchange information with the other driver and file a report at the scene of the crash, even if no one appears to be injured, as it is legally required. Lastly, speak with an experienced El Segundo rear-end accident lawyer as soon as you’re able to begin planning your path to compensation.

Proving Negligence in a Rear-End Accident

To drive responsibly in California, drivers should change lanes when necessary, follow speed limits, and be aware of pedestrians and other drivers who have the right-of-way. It’s important to be extra careful and follow safety rules, but also know what to do if you need to prevent a rear-end collision.

To begin, ensure you keep a safe following distance of at least three car lengths. Also, remember that texting while driving is prohibited under the 2009 California law. Finally, exercise extra caution when driving in hazardous weather conditions to avoid rear-end accidents and protect yourself and other drivers. To avoid rear-end collisions, drivers need to be more careful as one out of four accidents are due to driver negligence. If a victim wants to prove that negligence caused their accident, they need to provide the following information:

The other motorist owed the victim a duty of caution
The other motorist was speeding, talking, or texting on the phone, or acted in some other kind of dangerous act
Another driver was acting n a dangerous manner and caused a collision
The victim was injured and/or ended up with property damages

Frequently Asked Questions

What Are The Statutes of Limitations for Rear-End Accidents in California?

If you believe you may want to pursue legal action, it is important to note the statutes of limitations for personal injury and property damage claims, as well as wrongful death if it applies to your case. California allows two years to take action for injury or death, and three years for the recovery of personal property. If these time limits expire, you likely will not be able to seek awards in court.

Is the Driver in the Rear Always Liable?

The driver who is at the back is typically found at fault in nearly all incidents of rear-end collisions. This is usually due to the violation of one or both state laws, which assist law enforcement officers in determining responsibility based on the factors surrounding the accident.

1) California Vehicle Code (CVC) 22350: “Basic Speed Law”

“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”

2) California Vehicle Code (CVC) 21703: “Following Too Closely”

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”

Drivers must be alert to their surroundings and react accordingly while operating their vehicles. If a driver breaks any state laws and rear-ends another vehicle, they will likely be held responsible.

What Should I Do if I Was Hit from the Rear by an Uninsured Driver?

If you have bought specific optional coverages, your own car insurance policy might still compensate you.

Medical payments coverage (Medpay) reimburses you for medical bills incurred in an auto accident, regardless of who is at fault.
Uninsured (UM) and underinsured motorist (UIM) coverage compensated you for damages caused by a driver who either has no automobile insurance or has policy limits below the total amount of your damages.

If the optional coverages go beyond what’s legally required for auto insurance in California, some drivers opt out of purchasing them. However, this leaves you compensation if you’re involved in an accident with an uninsured driver. It’s important to speak with your insurance agent in depth to understand the advantages and disadvantages of these optional coverages.

Contact Our El Segundo Rear-End Accident Lawyers Now

If you or someone you know has been in a rear-end car accident in California and has suffered injuries or a loss of life, you could be eligible to receive compensation to cover your losses. Sheridan & Rund, PC Kahroba specializes in auto accident cases, so don’t hesitate to reach out if you believe you have a case or if you have any questions. We provide free consultations for all auto injury cases, and we won’t charge any fees until we win your case and you receive payment. Contact our El Segundo rear-end accident attorneys as soon as possible to learn more about how we can help.