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Comparative Negligence in Bicycle Accident Cases

Comparative Negligence in Bicycle Accident Cases

In some bicycle accident cases, the driver is not the only one who bears some fault for the accident. Bicyclists can be negligent in various ways, just like drivers. They are subject to the same rules of the road as drivers, and when they act with negligence and an accident occurs, they may share responsibility. For instance, bicyclists may be negligent if they rode the wrong way down a one-way street or failed to stop at a stop sign. Most traffic violations typically indicate that some negligence has occurred, whether on the part of the bicyclist or the driver.

Bicyclists may be wholly or partially negligent in causing an accident that injures them. If bicyclists are solely responsible for causing the accident, they cannot recover damages from the driver or any other parties for their injuries. If a bicyclist has violated the duty of care to ride their bicycles safely and reasonably, they may be partially liable for any injuries that result. However, bicyclists still may have a means of recovering damages for their losses.

This type of negligence is generally referred to as comparative negligence. California law does provide for the possibility of a limited recovery of damages for injured bicycle riders in this type of situation. Unlike some states, the law does not restrict recovery in comparative negligence cases to those individuals who are less than 50% at fault for an accident. In theory, individuals who are 90% at fault for an accident still could seek recovery for their injuries.

The amount of damages that injured bicyclists can recover in a comparative negligence case is reduced by their percentage of fault for the accident. In other words, if a bicyclists is 30% at fault for causing an accident, they are limited to receiving 70% of their total damages. For instance, if the bicyclist has $100,000 in damages, but are 30% at fault, then the maximum amount of damages that they can receive would be $70,000.

Bonnici Law Group has the experience, knowledge, and reputation that you want and need when you are injured in a bike accident. We are here to help you build the most substantial claim possible for compensation and obtain a positive outcome in your case. Do not hesitate to contact Bonnici Law Group at 619-259-5199 or help@bonnicilawgroup.com.

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