Max Draitser - Southern California Bicycle Attorneys

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Can I receive injury compensation if I was partially at fault?

Whether you enjoy cycling for recreation or rely on your bike for your daily commute, you know that sharing the road with others on a day-to-day basis often involves potential risk. 

From unusual weather conditions or unexpected road obstructions to simple errors of judgment, even a momentary mistake on the part of a driver or biker may lead to severe injuries, weeks or months of recovery, forced time off work and mounting medical bills. 

If you have been involved in an accident, you may worry that you are not eligible for compensation because you feel you were partially at fault. However, in California, if another individual’s negligence also contributed to the accident, you may still be able to recover damages for medical expenses and repair bills. 

The importance of post-accident investigations

It can be easy to accept blame in the immediate aftermath of an accident. However, California law recognizes that multiple factors often contribute to any given incident. From examining witness statements and police reports to analyzing medical documentation, post-accident investigations may uncover new facts that fundamentally change the story about who acted negligently and who deserves compensation. 

California’s comparative fault law

When another individual shares fault for a California traffic accident, you may be able to recover a percentage of damages from the other party’s insurance company, your own insurance provider or both. However, regardless of your own potential contribution to the accident, it may be a good idea to explore the facts fully before either accepting or offering a settlement amount.