Cycling is a popular recreational activity and a common mode of transportation in California. Unfortunately, it is also associated with significant risks. According to the U.S. Centers for Disease Control and Prevention, over 130,000 bicycle accidents result in injuries each year. These accidents cause physical and emotional trauma, as well as expensive medical bills and lost wages.
Understanding the legal implications of these accidents is crucial, especially if both parties may have been at fault. The concept of “comparative negligence” plays a pivotal role in determining the compensation an injured cyclist may receive.
What is comparative negligence?
This is a legal concept used to determine who’s responsible for an accident when it involves multiple liable parties. In California, we use a “pure” comparative negligence system. This means that even if you’re partially at fault for an accident, you can still seek compensation. However, the court may reduce your compensation by your percentage of fault. For example, if you’re found to be 30% responsible for an accident, you can still recover 70% of the total damages.
What factors do courts consider?
Courts consider several questions and factors when determining the percentage of fault in a bicycle accident case:
- Did either party violate traffic laws? This could include running a red light, failing to signal or cycling on the wrong side of the road.
- What was the state of the road, weather conditions and visibility at the time of the accident? Poor lighting or wet roads might contribute to an accident and affect fault determination.
- What did each party do (or not do) to prevent the collision? For example, did the driver attempt to brake or swerve? Did the cyclist try to move out of the way?
- Did both parties use safety equipment? For cyclists, this might include wearing a helmet, using lights at night or wearing reflective clothing. For drivers, it could involve using turn signals or adhering to speed limits.
The more evidence you have to support your side of the story, the better your chances of minimizing your fault percentage. Common types of evidence include police reports, photographs of the accident scene, medical records and witness statements.
Gain clarity on your case
If you’re unsure about how comparative negligence affects your bicycle accident claim, professional legal counsel may be necessary.