The aftermath of a bicycle accident can result in medical expenses, wage loss, property damage, and pain. A frequently asked question is whether there’s still a claim if the cyclist potentially contributed to the accident. California does not apply the doctrine of “pure” liability to bar an injured party from receiving damages for being partially at fault. The state’s at-fault system is a comparative negligence system in which the liability of those responsible can be shared.
How California’s Comparative Negligence Rule Works
Under the “comparative negligence” doctrine in California, the court is expected to apportion the percentage of fault to each party for an injury. A plaintiff’s damages will be reduced by an amount equal to their percentage of negligence if their own negligence played a part in the harm.
Suppose a cyclist is injured in an accident involving a driver who was operating a car carelessly, causing damages of $100,000. If 20% of the accident was the cyclist’s fault and 80% was the driver’s fault, then the cyclist can only recover 80% of their losses, or $80,000, before other considerations may come into play.
This is significant because the doctrine of comparative negligence does not fit an “all or nothing” mentality. A cyclist does not forfeit their entire claim if the opposing party says that the cyclist made some sort of error.
Consider Legal Options Even After a Bike Accident
It is crucial to consider your legal options after a bike accident if there’s a possibility that you helped cause it. Pursuing compensation for a bicycle accident in this scenario typically isn’t as straightforward as when the fault lies with one individual. Photographs, traffic-camera videos, witness statements, medical records, accident reports, and physical evidence can go a long way in determining what happened.
A driver’s actions can be particularly important. Speeding, distracted driving, failing to yield, unsafe passing, or violating traffic laws can all help cause a crash. Meanwhile, the defense could contend that the cyclist was being careless or that they had not been riding up to code.
Under California law, fault can be divided, so determining the percentage liability of each party can significantly impact the value of a claim.
Keeping evidence pertinent to the case, such as photos, medical records, witnesses, and accident reports, can be instrumental in support of the cyclist’s case.
Know the Legal Time Limits
It’s also important for anyone injured in a bicycle accident to be aware of the legal time limits. In most cases, California’s statute of limitations allows for a two-year period from the time of a personal injury. California has a general two-year statute of limitations for personal injury cases, but there are exceptions depending on the specific circumstances.
It is necessary, therefore, to understand comparative negligence. Even if another person is at least partially responsible for a bicycle accident, that does not mean that compensation is impossible. Considering the evidence and the fault allocation laws in California may assist an injured bicyclist in making a more educated decision about taking a claim.
