Can I Recover Compensation after a Bicycle Accident in California?
When a car crashes into someone riding a bicycle, it can cause serious injuries. Victims can be left with medical expenses, lost wages, and other damages. California’s climate, culture, urban infrastructure, and concerns about traffic and the environment make it a state with many bike riders, increasing the chances of bike accidents. If you are hurt in a bicycle accident caused by someone else’s negligence, speak with an experienced California personal injury lawyer about your options for filing a lawsuit to seek compensation.
How is Liability Determined in a Bicycle Accident?
In California, liability for a bicycle accident is typically based on negligence, with people being held responsible for injuries caused by their lack of ordinary care. The state also follows pure comparative negligence, meaning that even if you were 99 percent at fault for your injuries, you can still recover damages for the 1 percent of fault of another party. The total compensation you can be granted will simply be reduced by your percentage of fault. For example, if you were found to be 20 percent at fault for your injuries because you did not use a bike lane properly, and your damages totaled $100,000, the maximum compensation you can receive is $80,000.
There could be several parties responsible for an accident, including:
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Drivers: Anyone who fails to yield, runs a red light, speeds, or drives under the influence can be liable if their actions cause your bicycle accident.
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The government: If hazardous road conditions, such as potholes or poorly designed bike lanes, contributed to your accident, the city or county responsible for maintaining the roads could be liable.
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Bicycle or car manufacturers: Defective bike parts or vehicle components that lead to an accident could make the manufacturer responsible under product liability laws.
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Pedestrians and other cyclists: A pedestrian or another cyclist who caused the accident by acting recklessly could be held accountable for damages.
What Should I Do After a Bicycle Accident?
There are several important steps to take right after a bicycle accident. The first thing to do is seek medical attention. Even if you think you only suffered minor injuries, it is best to be examined thoroughly to rule out other more serious issues that might not be immediately apparent. This also ensures that there is a medical record of the injuries you suffered.
You also need to call the police to file a report of the accident, with the correct details about what happened. You should also photograph the scene of the accident, your injuries, and any observable property damage and gather contact information for any witnesses.
Finally, you should consult with a personal injury lawyer who can explain how such lawsuits generally unfold, review your case, and help you navigate the process.
Schedule a Free Consultation with a Glendale, CA Bicycle Injury Lawyer
If you are injured in a bicycle accident, you need a knowledgeable LA County, CA personal injury attorney by your side as you seek maximum compensation. At Tahmazian Law Firm, P.C. we are passionate about protecting our clients’ rights and ensuring they get the compensation they deserve. Call us at 818-242-8201 to schedule a free consultation.