A recent study by the National Highway Traffic Safety Administration reported that there were 783 fatal bicycle accidents in 2017 alone. If you recently suffered injuries in a bicycle crash, it is vital that you understand your rights and options to seek financial recovery for your losses. A Gilbert bicycle accident lawyer could carefully review your case to identify the parties responsible and help you understand the laws applicable to your claim. Schedule a consultation with a personal injury lawyer today.
Arizona law requires bicyclists to follow the same regulations as motor vehicles operating on the roadway. As such, bicyclists must stop for stop signs and traffic lights, signal stops and turns, and yield to pedestrians. Some important laws governing bicyclists in the state as outlined in Title 28 of the Arizona Revised Statutes include:
Likewise, drivers of motor vehicles must exercise due care when operating on the roadways with bicyclists. For example, Arizona Revised Statutes §28-735 requires drivers to take care when overtaking a bicycle traveling in the same direction, by allowing a safe distance of at least three feet until they have safely passed the bicyclist.
In order for a Gilbert bicycle crash attorney to present a successful negligence claim on behalf of the plaintiff, the following three elements must be proven:
The statutory deadline to file most personal injury cases, including bicycle collisions, is two years from the date of the accident. Failure to bring a case within the required time limit could cause the court to refuse to hear the plaintiff’s claim.
Arizona is among a number of pure comparative fault states that permit the plaintiff to recover damages even if they are partially to blame for the accident. This means that the damages a bicyclist could recover would be reduced by the proportionate level of fault assigned to them, whatever that percentage might be.
For instance, if the jury assigns a bicyclist 35 percent of fault in the crash for failing to have the proper lights, they could only recover 65 percent of their total awarded damages. A skilled Gilbert bicycle collision lawyer would thoroughly investigate the circumstances of the accident to identify all parties liable for the plaintiff’s injuries.
A bicycle crash can be a traumatic event, both physically and emotionally. A Gilbert bicycle accident lawyer could help ease your stress during this challenging period and deal with the insurance company on your behalf so you can focus on healing and recovery. Call the office today to schedule your initial case consultation and learn what could be possible for your claim.