As people become increasingly more environmentally conscious, there are more and more bicyclists on the road.
Most major cities have lanes specifically for cyclists. However, accidents still occur every day, and someone must be responsible for the resulting damages.
Bicyclists and the law
Bicyclists follow most of the same road laws that motor vehicles follow. For example, they have to stop at traffic lights, obey road signs and signals before changing lanes. They must yield at crosswalks and avoid riding on sidewalks.
Violating these laws could result in an accident, and accidents involving cars and bicyclists are often devastating. It can even be deadly for cyclists.
Shared fault in a bicycle accident case
To recover damages following a personal injury, the plaintiff must prove that the defendant owed them a duty of care, breached that duty and caused an accident, resulting in the plaintiff’s injuries. Without this element of negligence, the injured party cannot recover their losses, including the costs of medical care and loss of income.
When both parties are responsible for the accident, California civil court applies the pure comparative negligence rule. Pure comparative negligence imposes a percentage of fault on each party. The plaintiff can still recover damages. However, the court will subtract an amount equal to their percentage of fault. For example, if the bicyclist’s portion amounts to 85%, they can only recover 15% of the damages.
Determining liability in a bicycle accident case is typically straightforward. Most resolve through a settlement rather than going to court.
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