California ranked as the fourth most bicycle-friendly state in the nation according to The League of American Bicyclists, making it a great place to enjoy cycling. However, with so many riders on the road, accidents can and do happen, often leading to serious injuries. If you’ve been hurt in a bicycle accident, you might feel confused and anxious about what steps to take next. One key question on your mind may be whether you can still recover damages if you share a percentage of fault for the accident. In California, you can still file a claim and receive compensation for your injuries, even if you are partially responsible.
Understanding Fault in California Bicycle Accidents
In California, we use a concept called comparative negligence. Comparative negligence means that fault is shared between parties involved in the accident. Other states follow the 100% bar rule, where being even slightly at fault prevents you from recovering any compensation. However, California law allows you to seek compensation even if you are partially responsible.
Determining who is at fault in a bicycle accident can involve several factors. Traffic laws play a significant role; if you or the driver broke any rules, it could determine fault. Witness statements are also vital—if anyone saw the accident, their accounts could be important. Lastly, evidence such as photos, videos, and police reports can help establish who was at fault.
Steps to Take Immediately After a Bicycle Accident
If you are injured in a bicycle accident in California, it’s important to act quickly. Here are some steps you should take:
- Get Medical Help: Your health is the top priority. Always seek medical attention right away.
- Document the Scene: Take pictures of the accident scene, your injuries, and any property damage.
- Report the Accident: Make sure you notify the police regarding the collision
- Gather Information: Collect contact details of any witnesses and the driver involved.
- Don’t Admit Fault: Be careful not to say anything that could be taken as admitting fault at the scene.
- Seek Legal Advice: If you’re seriously injured, speaking with a bicycle accident attorney could help guide you and protect your claim
Potential Compensation Even When Partially at Fault
Types of Compensation Available
If you are injured in a bicycle accident, you may be eligible for several types of compensation, including:
- Medical Expenses: Medical bills for hospital visits, surgeries, and rehabilitation.
- Lost Wages: Income lost from being unable to work because of your injuries.
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
The Impact of Partial Fault on Compensation
Let’s consider how California’s comparative fault affects your compensation. Imagine you are involved in a bicycle accident and found to be 30 at fault for the accident. If your total damages are $10,000, you may only recover 70% of that amount. So, after the calculation, you would still receive $7,000, despite being partially at fault for the accident. Even if you have a certain percentage of fault for the accident, you can still seek compensation for your injuries.
The Benefits of Working with a Personal Injury Attorney
When choosing legal representation, consider their experience in handling bicycle accident cases. Look for someone who specializes in personal injury law and has a good track record. Checking online reviews and testimonials from past clients can also help you make an informed choice. Hiring a personal injury lawyer can make a difference in your case.
Here’s how they can help:
- Assess Fault: They can help determine how fault is divided in your case.
- Gather Evidence: They know what evidence can support your claim.
- Negotiate with Insurance Companies: Attorneys have experience dealing with insurance companies and can negotiate for you.
- Ensure You Receive Maximum Compensation: Attorneys can protect you against lowball settlement offers from insurance companies to ensure you receive fair compensation
Why You Should Hire an Attorney at El Dabe Ritter Trial Lawyers for your Bicycle Accident
If you’ve been injured in a bicycle accident, it’s crucial to understand your rights and options, especially if you share some fault. You need an experienced personal injury lawyer to guide you through the process of filing a claim and securing the compensation you deserve.
El Dabe Ritter Trial Lawyers can assess your case and guide you through each step of the claim process. With our extensive experience in bicycle accident claims, we handle your case with the care and attention it deserves, while working tirelessly to obtain the best possible compensation for you. Call or fill out the form below to schedule a free case evaluation.
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