All drivers and bicyclists on the road must follow basic safety precautions. All parties must use caution, and be free from distractions whether operating a motor vehicle or riding a bike down the street. When one party is not paying attention, or they are distracted because they are listening to music or using a cell phone, that party will be considered negligent. If found negligent after an accident has occurred, the negligent party can be financially responsible for the injuries sustained by the injured party.
If you were a bicyclist hit by a distracted driver in California, you have the right to sue for your injuries. You have two years to file a personal injury lawsuit, and you should begin by making a claim to the responsible party’s insurance company before the two years is up. While filing an insurance claim is not the same as filing a personal injury lawsuit, if you get nowhere with the at fault person’s auto insurance, you can still file a personal injury lawsuit if it is within the two year time period.