What if the driver who caused my bicycle accident was drowsy or fatigued?
If the driver who caused a bicycle accident in California was drowsy or fatigued, that would indicate driver negligence. In California, negligence is defined as the failure of a person to use reasonable care to prevent harm to another person or property. In the case of a bicycle accident, the bicyclist can use the legal principle of negligence to prove the driver was responsible for the accident and the injuries sustained. The injured bicyclist can also use other legal theories such as negligent entrustment or negligent hiring if the driver was in the course of their employment at the time of the accident. In cases like these, the driver’s employer may also be liable for the accident. In addition, if the driver was operating under the influence of drugs or alcohol, the bicyclist can also use the concept of negligence per se. This is when a person’s negligence is assumed because the law prohibits certain activities, such as operating a vehicle while under the influence of drugs or alcohol. It is important for an accident victim to speak with an experienced bicycle accident attorney to get the full extent of compensation for their injuries and losses. An attorney can help victims of bicycle accidents in California identify the responsible parties, including drivers and employers, and assemble a strong case for recovery.
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