According to California law, you still may be able to pursue a legal claim for compensation if you are partially at fault for your bicycle accident. California utilizes a comparative fault system for accidents, limiting the liability of parties to their respective shares of fault. This system is incredibly helpful when more than two parties are involved in a motor vehicle / bicycle accident since sorting out who is responsible for the accident can be complicated.
Under a pure comparative negligence scheme, an injured party can seek compensation from all other parties at fault for the accident, even if they bear some responsibility for causing the accident. This legal doctrine will simply limit the amount of damages that the injured party can collect based on the degree of fault that is attributable to him or her.
For example, suppose that you are injured in a bicycle accident and are seeking $10,000 in compensation for your medical bills and lost wages. Suppose a jury determines that you are 30% at fault for the accident. In that case, you can collect a maximum of $7,000 in damages—your total amount of compensation decreases by the percentage of your fault for the accident.
In some states, you cannot seek compensation for your injuries in an accident if you are more than 50% at fault for the accident. This rule is referred to as modified comparative negligence. However, in California, pure comparative negligence allows injured parties to recover damages from other liable parties, even if they are more than 50% for causing their accident.
When you have been injured in a bicycle accident, you need an attorney who can stand up for your interests from the outset of your personal injury claim. It is our goal to evaluate the facts and assess your potential claim. This step will allow you to explore your options and help you build the most substantial claim for compensation. Do not hesitate to contact Bonnici Law Group at 619-259-5199 today and set up an appointment to speak with us soon.