What if I am injured in a bicycle accident due to a hidden roadway hazard?

If you are injured in a bicycle accident due to a hidden roadway hazard in California, you may be able to seek compensation under California law. California’s Bicycle Safety Law states that the proprietor or the possessor of land owes a duty of care to all persons reasonably expected to use the land for alternate transportation, such as bicycling. This means bicyclists have the right to expect a safe and hazard-free environment, and if a hazard exists and causes injury, the property owner may be liable. In order to successfully bring a lawsuit under this law, it must be shown that the property owner knew or should have known of the hidden roadway hazard that caused the injury, but failed to act to fix it. Additionally, you must show that the hazard was the direct cause of the injury and that proximate causation exists. In some cases, an injured cyclist may also be able to seek compensation under the rules of comparative negligence. Comparative negligence is when two or more parties are found to be at least partially at fault for causing the accident and resulting injuries. If a court finds the injured party was partially at fault, the compensation they are entitled to receive may be reduced by the proportion of fault they were found to be responsible for. If you have been injured in a bicycle accident due to a hidden roadway hazard in California, it is best to speak with a qualified personal injury attorney to discuss your legal rights and potential for recovering compensation for your injuries.

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