Determining Fault and Liability in a Bike Accident
California imposes civil liability on individuals for their neglectful and wrongful acts that result in injury to others. These principles extend to injury in bicycle accidents and other types of motor vehicle collisions. Establishing fault and liability for a bicycle accident injury can be a complex analysis that requires a thorough understanding of the events leading up to a collision and applicable state laws. Common causes of bicycle accidents that our Irvine lawyers see include:
- Speeding
- Distracted driving
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way
- Not checking blind spots or bicycle lanes when turning
Multiple parties can be at fault for causing a bicycle accident. For example, some accidents may involve a commercial vehicle that could establish the liability of an employer for their employee’s negligence. Liable parties may also claim that an injured bicyclist was also at fault in causing an accident because of their negligence or failure to follow applicable traffic rules for bicycles. California has a comparative fault rule that may limit an injured bicyclist’s compensation in cases where a jury finds them at fault for an accident. Claims of comparative fault can increase the complexity and uncertainty of outcomes in a personal injury case. Our lawyers could prepare arguments to defend against these issues at trial and advise clients on how they may affect recovered compensation.
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