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Bicycle Accidents and Comparative Negligence

Bicycle Accidents and Comparative Negligence

Like drivers of motor vehicles, bicyclists are subject to certain traffic laws and regulations. When cyclists are injured in motor vehicle accidents, they may be able to file personal injury claims against the motorists whose negligence caused the accidents leading to their injuries. However, what happens if the cyclists also are partially at fault for the accidents? Can bicyclists still seek damages from the drivers of the motor vehicles involved in the accident?

If cyclists are totally at fault for an accident in which they were injured, then they have no right of recovery, even if their accidents involved motor vehicles. Nonetheless, if cyclists only are partially at fault for the accidents that injured them, then under the legal principles of comparative fault or negligence, still may be able to seek damages from other negligent parties in the state of California.

Under a pure comparative negligence scheme, injury victims in bicycle accidents who are less than 100% at fault for the accidents that led to their injuries may be able to file personal injury claims against other negligent parties, such as the drivers of motor vehicles involved in the accidents. However, injury victims who bear some fault for the accident only can seek a reduced amount of damages. In other words, any damages award to which injured bicyclists are entitled will decrease proportionately according to their percentage of fault. Therefore, it is important to present as much as evidence as possible showing the negligence of the drivers involved in order to decrease the percentage of fault attributable to you. This can allow you to maximize your recovery in your personal injury claim.

Bonnici Law Group has the experience and knowledge that you need as you seek compensation for your injuries and struggle to recover from them, both physically and emotionally. We know how to help you create and maintain a strong claim for relief supported by the evidence and obtain the best outcome possible in your case. Do not hesitate to contact Bonnici Law Group at 619-259-5199 or help@bonnicilawgroup.com.

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