What if the driver who caused my bicycle accident was texting while driving?
In California, if another driver was texting while driving and caused an accident involving a bicycle, they may be held responsible for any damages caused. In most cases, this would be considered negligent driving, which means the driver did not take reasonable care to avoid an accident and caused it through an irresponsible action, such as texting while driving. The injured cyclist would be able to pursue a personal injury lawsuit against the driver who was texting. Such a lawsuit seeks compensation for the cyclist’s medical bills, lost wages, property damage, and any other expenses related to the injury. In order to prove that the driver was negligent and that their negligence caused the accident, the cyclist will need to provide evidence. This might include photos, videos, witness testimony, and police reports of the accident. The cyclist should also keep all medical records related to the injuries they sustained in the accident. If the cyclist is successful in proving their case, the driver who was texting while driving will be liable to pay damages to the cyclist. The amount of damages awarded will depend on the severity of the cyclist’s injury and the amount of financial loss suffered as a result. To give oneself the best chance of a successful case, the cyclist may wish to consult a personal injury lawyer who can provide legal advice and represent them in court.
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