What Are Common Causes of Bicycle Accidents in California?

Understanding what causes bicycle accidents in California can help prevent them. The most common reasons these collisions happen include: Vehicles turning into cyclists' paths: Many drivers misjudge the speed and distance of cyclists when turning. Some even fail to notice cyclists altogether when they turn or change lanes. Dooring mishaps: Dooring occurs when a driver or passenger of a parked motor vehicle opens a car door into the path of an oncoming bicyclist. Reckless driving: Drivers who speed, fail to yield, run stop signs and traffic lights, or swerve into bike lanes raise the risk of bicycle accidents. Poor road conditions: Road debris, potholes, damaged roads, and inadequate lighting call all play a role in causing bicycle accidents. Impaired riding or driving: People who are under the influence of alcohol or drugs have impaired judgment, slower reaction times, and diminished ability to control their vehicles, making them more likely to cause accidents.

What Do You Have to Prove in a Bicycle Accident Claim in San Rafael, CA?

Bicycle accidents, like all other personal injury claims, require that victims prove that the at-fault party was negligent at the time of the accident. To win, your lawyer will need to demonstrate that the following element existed when your accident happened. The at-fault party owed a duty to the victim; The duty was breached because the at-fault party was negligent; and Due to this negligence, the victim suffered damages In San Rafael, California, those who use public roads have a duty to do so in a manner that is safe and reasonable under the circumstances. For example, a motorist’s decision to drink and drive would certainly not be reasonable. Most examples of negligence are also instances of failing to act reasonably. For example, texting and driving and speeding in rainy conditions would be considered negligent, as would disregarding traffic signals and failing to yield the right of way.

What Damages Can Be Recovered in Bicycle Accident Cases in San Rafael?

The damages available to you in your bicycle accident case will depend on the losses you suffered because of the crash. To recover compensation for your losses, you must show that your damages were the direct result of the at-fault party’s negligence (and not due to some preexisting condition). Damages may include: Medical expenses, including future medical costs Lost wages Loss of earning capacity Loss of employment benefits Costs incurred to install handrails, wheelchair ramps, and similar accommodations Pain and suffering Emotional distress Other types of damages may also be available, depending on the circumstances of the case. Your personal injury attorney will be able to identify and pursue all available damages on your behalf.

What Is the Average Settlement for Dog Bite Injuries?

The average settlement for dog bite injuries can vary based on factors like the severity of injuries, medical expenses, lost wages, and emotional trauma. Each case is unique, influencing the final settlement amount.

Will the Dog That Bit Me Be Euthanized?

In California, a dog that bites someone is not automatically euthanized. The decision depends on factors like the severity of the bite, the dog's history of aggression, and local animal control laws. Authorities may require the dog to be quarantined, trained, or, in severe cases, euthanized.

Who Pays for Dog Bite Injuries?

In dog bite cases, the dog owner's homeowner's or renter's insurance typically covers the costs of injuries. If the owner is uninsured, he or she may be personally responsible for paying medical expenses and other damages. Victims can also seek compensation through legal action against the dog owner.

Kuvara Premises Liability Lawyer

Putting the “Personal” back in injury law

If you suffered injuries on someone else’s property, you may be entitled to substantial compensation.

To receive a full settlement in your injury case, however, you’re going to need to hire the best premises liability lawyer in the Bay Area. At Kuvara Law Firm, we have more than 50 years of experience handling complicated claims against property owners and businesses. We can help you get the money you need for your medical bills, lost wages, and pain and suffering.

At Kuvara Law Firm, we offer:

Personalized legal services

FREE consultations and no upfront fees

Se Habla Espanol

Schedule Your
Free Consultation

Table of Contents

Understanding Premises Liability

In California, a person can be held responsible for accidents that occur on their property because of the way that they managed the property. To win a premises liability case, you must show that:

The person owned, leased, occupied, or controlled the property;
They were negligent in the use of maintenance of the property;
You were hurt; and
Their negligence was a substantial factor in causing your harm.

Under this standard, property owners must take care of their property in a way that a reasonable property owner would under similar circumstances. Otherwise, they will be considered negligent. The question of whether or not a property owner was negligent depends on the specific facts of the case. For example, a person who owns property in Alaska will need to take care of their property in a different way than a person who owns a home in the Bay Area.

Under California law, property owners have a duty to (1) fix dangerous conditions or (2) warn people about hazards that are not obvious. Importantly, property owners cannot just ignore the condition of their property and claim that they didn’t realize that there was a danger. They must use ordinary care to maintain the property to avoid exposing others to risk.

If a property owner cannot fix the dangerous condition, then they should put up a notice or warning. For example, if there is a spill at the grocery store, the employees should put up a sign warning customers of the wet floor until they can get it both clean and dry.

Common Types of Premises Liability Cases

Accidents on someone else’s property can occur just about anywhere and can happen in any number of ways. You could be at the mall when you slip and fall on a piece of loose carpeting or uneven floors. Slip and fall accidents are one of the most common types of premises liability cases. According to the Centers for Disease Control and Prevention (CDC), millions of people suffer injuries from slip and falls each year.

Other types of common premises liability cases include:

Dog bites
Stairway falls (often due to loose handrails or broken steps)
Construction site accidents
Swimming pool accidents or drowning
Chemical injuries

Falling trees and limbs
Deck and balcony collapses
Negligent security (failure to provide an appropriate level of security)
Amusement park injuries

If the accident happened in someone else’s home or business, the owner or tenant may be responsible for whatever injuries result if they failed to maintain the property in a reasonably safe condition.

Depending on how the accident occurred, a person may suffer a range of serious injuries. If they are bitten by a dog, they may have extensive scarring, nerve damage, or even broken bones. If they slip and fall, they may suffer a traumatic brain injury (TBI), internal organ damage, or spinal cord injuries. In some cases, the injuries are even fatal.

Can I File a Lawsuit If I Am Hurt on Someone Else’s Property?

If you are injured on someone else’s property, you may be able to file a lawsuit against a person or company that owns, leases, occupies, or controls the property. The property owner or defendant could be a tenant, business owner, property management company, restaurant, store, homeowner, government agency (like a school district), or another person or entity.

In some cases, more than one person may be held responsible. For example, if you are hurt at an apartment complex after falling on an uneven sidewalk, then both the owner of the apartment building and the property manager may be held responsible for their failure to maintain the sidewalk in a safe condition.

Generally, you can file a premises liability lawsuit against a property owner if you are not a trespasser. In other words, property owners don’t necessarily owe a duty of care to people who come onto their property without permission. However, you may still be able to file a claim even if you were trespassing.

This may be the case if the hazard on the property is considered an attractive nuisance.

An attractive nuisance includes things that may be dangerous, but that children (in particular) would want to play on or see. A swimming pool is a classic example of an attractive nuisance. If you fail to take steps to prevent children and others from accessing it — such as a fence with a lock — then you could be held liable if someone trespasses on your property to use the pool.

In a premises liability lawsuit, you may be able to recover financial compensation for all of your losses. This may include economic damages, such as medical bills, future medical treatment, lost wages, reduced earning capacity and property damage, as well as non-economic damages, such as pain and suffering or scarring. In rare cases, punitive damages may be awarded when the property owner acted recklessly or intentionally.

In most cases, homeowner’s insurance policies (or renter’s insurance) will cover injuries that occur on the owner or renter’s property. This means that if you are hurt by a friend or family, you could still seek compensation without worrying that you will harm your friend. These policies exist — and your loved one pays premiums every month — to protect against these kinds of hazardous conditions.

We’re Here for You

Accidents on someone else’s property can happen in any number of ways, from dog bites to slip and falls to tripping on a loose tile. Premises liability claims can often be difficult to prove because they are so dependent on the facts of the case. At Kuvara Law, we have significant experience helping people throughout Northern California get the compensation that they deserve for their personal injury claims.

Based in San Rafael, our law firm represents people in Sacramento, Oakland, San Jose, Santa Rosa, and beyond with their personal injury cases. We offer free case evaluations and work on a contingency fee basis — which means that you don’t pay a penny unless we recover money for you.

To learn more or to schedule a consultation with a San Rafael premises liability attorney, contact us today at 1-800-446-5879 or email us at any time.