Can I Make a Personal Injury Claim if I Am Partially At Fault in a Bicycle Accident?
Yes, you can still file a personal injury claim and receive financial compensation for a Los Angeles bicycle accident injury lawsuit even if you are found to be partially at fault. Under California’s comparative negligence law, you can receive partial compensation with up to 99 percent of the blame. Navigating this law correctly is important if you wish to maximize your financial recovery.
How Does the Comparative Negligence Law Work in California?
In California, there is a legal doctrine known as the comparative negligence or comparative fault law. Under this law, personal injury victims can still be awarded financial compensation for their medical bills and other losses despite being assigned some of the fault for their accidents.
California Code of Civil Procedures § 1714 states: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
This law diminishes a bicycle accident victim’s financial recovery by the percentage that he or she is found to be at fault for the wreck. If you are assigned 15 percent of the blame in your case, for example, you would lose 15 percent of an assigned settlement or judgment award.
How Is Liability Determined in a Bicycle Accident Case?
An investigation will be done to identify the cause of the bicycle accident and name the liable (meaning financially responsible) party or parties. This could be one or more individuals, including the driver or cyclist directly involved in the accident and third parties.
Investigators from insurance companies, law enforcement offices or law firms will assign a percentage of fault to each party that contributed to the bike accident. Under California’s joint and several liability laws, each individual will be responsible for paying only for his or her percentage of fault.
Get Legal Help After a Bike Accident
Contact a Los Angeles Bicycle Accident Lawyer
Proving Fault for Your Bike Accident in California
While you retain the right to make a personal injury claim if you are partially at fault for your bicycle accident in California, the amount of fault assigned to you can have a direct impact on the value of your financial settlement. For this reason, it is important to minimize your liability as much as possible.
Collect Compelling Evidence
Before you leave the scene of a bicycle accident, collect evidence. This may include statements from eyewitnesses, video footage, pictures of the crash scene and the driver’s information. Get medical care without delay and keep clear documentation of your injuries and necessary treatments.
Don’t Admit Fault
It is common for accident victims to apologize to the other party to be polite. However, this could be used against you by an insurance company to argue that you were admitting your own fault for the collision. Protect your financial recovery by never admitting fault or giving too much information to an insurance claims adjuster.
Contact a Bicycle Accident Attorney
Proving fault takes compelling storytelling that crafts a narrative around your evidence. A bicycle accident attorney will have the ability to tell your story in the most effective way possible to minimize your degree of fault and maximize your financial outcome. Your lawyer specialized in Los Angeles injury lawsuits will know how to handle your claim correctly under California’s comparative negligence law to achieve the case results you deserve.