Best Car Accident Lawyers in Alameda, CA

Not necessarily. It is definitely good that the traffic collision report is in your favor. There is considerable prejudice against cyclists and many non-bike riding individuals view bicycles as a nuisance and feel cyclists should not be permitted to ride on the roads. This bias is pervasive and many insurance adjusters share these sentiments.

Yes, this presumption is called negligence per se. Negligence per se requires that the driver violated a statute, that you suffered an injury, and that the statute the driver violated was intended to prevent such injuries. Here is an example of negligence per se: You are riding through an intersection legally on a green light when a negligent driver strikes you running a red light, in violation of California Vehicle Code section 21453(a). Red light laws exist to control traffic so as to prevent vehicles from colliding into one another at intersections. Because the negligent driver caused such a collision as a result of violating the red light law, they are presumptively negligent by law.

Some contingency fee arrangements will increase if a lawsuit is filed. This is because the amount of attention devoted to your case will increase dramatically after a lawsuit has been filed. Litigation is a complicated and time-consuming process and because defense attorneys are paid by the hour, they have little incentive to settle early or work efficiently.

If a lawsuit is filed, your deposition will likely be taken. This involves you to appear at a law office or court reporters office and give testimony under oath. Most depositions last a few hours and you cannot be deposed for longer than 7 hours without the court granting an extension. The defense is also entitled to have you examined one time by a doctor of their choosing.

You have two years after the date of your accident to file a negligence claim for your personal injuries. You have three years after the date of your accident to file a claim for property damages sustained.