- Lamp which is visible from a distance of 300 feet to the front and sides
- A red reflector on the back visible from a distance of 500 feet
- White or yellow reflectors on the pedals
STATUTE OF LIMITATIONSStatute of Limitations refers to the law the limits the amount of time within which a victim involved in a Bicycle accident may bring about legal proceedings. In the state of California, an individual has TWO YEARS in which to file a lawsuit for their damages resulting in a car accident. Although failure to file a claim within the statutory period could result in barring your claim, there are certain exceptions. Although the statutory period begins to run on the date of the accident, exceptions will be made in situations where the injured party was mentally incompetent or incapable of filing a claim. Furthermore, the statutory period is extended for minors under the age of 18. The minor has until their eighteenth birthday, plus the statutory period of 2 years to file the suit Lastly, the statutory period may be extended where an injury is unknown, but is later discovered. Additionally, Bicycle Accident claims against public agency, the claim must be made within 180 days from the date of the car accident. Also, the car accident claim must first be filed and denied before a lawsuit can be commenced. It is imperative that you call a Bicycle Accident Attorney at Downtown LA Law Today so that your time doe not run out.
WHO’S AT FAULTIn California, only the negligent party is responsible for the injuries incurred during a car accident. A person acts negligently when that individual fails to act in a manner expected of a reasonably prudent person acting under similar circumstances. In relation to car accidents, negligence requires the demonstration of:
- A party was careless, and that carelessness was the direct and proximate cause of the car crash
- The car crash caused some sort of physical or property damage
- The careless party is responsible for the damages
California Follows Pure Comparative NegligenceIn many car accidents, fault is not black and white. In other words, there are several situations where more than one party is at fault. The question then arises as to what should be done. In the past, even if a party is 1% at fault, they would be barred from any recovery, even though they barely contributed to the accident. California now adopts a pure comparative negligence model. Under this theory, the injured party in a car accident will still recover damages in an accident, even if that party carries partial blame. Once the portion of fault is determined, that party is entitled to recover in proportion to the other party’s fault.
It is important you call a Bicycle Accident Attorney at Downtown LA Law today before it’s too late at (855)385-2529
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