Cycling is a widely popular hobby, highly revered as a great way to have fun while exercising. However, cyclists are constantly exposed to a litany of risks and dangers from sharing the road with motor vehicles.
If you have been involved in a cycling accident, it is paramount that you work with an experienced California bicycle accident lawyer to ensure your fair treatment.
Who Is At Fault During A Bicycle Accident?
A majority of bicycle accident cases come down to the issue of negligence. It is highly important to establish the following: “Was it the bicyclist’s or was it the driver’s fault?”
Some people think the rules of the road are less strict towards bicycles. That isn’t true. Bicyclists are still obligated to follow traffic rules and subject to scrutiny just the same as drivers. There are many behaviors that can shift fault onto a cyclist in the event of an accident, including:
- Abrupt turns without giving signal
- Not stopping or rolling through stop signs
- Failing to yield
- Not riding in the bike lane
- Riding against the direction of traffic
- Riding on the wrong side of the street
Nevertheless, drivers are typically held to a higher standard of care than cyclists for the simple reason that cyclists have a higher likelihood of suffering injury in these accidents. The nuances of liability in bicycle accidents can be complicated.
Here is a quick primer on the basics: When a cyclist is found to have acted negligently leading up to an accident, they can be assigned contributory negligence. Simply put, contributory negligence means that a cyclist’s actions partly contributed to the injuries they suffered in an accident, disqualifying them from recovering restitution.
In another theory called comparative negligence, fault is allocated between both parties, dependent upon the events leading up to the accident, and some amount of compensation may be awarded, but not the full amount.
Start Working With Our Experienced California Bicycle Accident Lawyers
Recovering after a major bicycle accident can be a long and stressful process, but it doesn’t have to be. The California bicycle accident lawyers at Lehr Law, APC have years of experience working with bicycle accident victims to get them the compensation they deserve. Start the road to recovery today by calling (858) 240-9993 or by requesting a consultation online.