Bicyclists can be easily injured because of a driver’s careless acts. When this happens, victims are entitled to seek compensation for the material and physical damages resulted after the collision.
Bicycle accidents can be devastating for the victim, especially if they result in catastrophic injuries, such as brain damage or spinal cord injuries. A number of steps are mandatory when proving that a bicycle accident in Los Angeles, San Diego or another Californian city took place because a vehicle driver negligently caused the accident.
Fault and negligence in bicycle accidents in L.A.
The party at fault in bicycle accidents is the one who acted irresponsibly or negligently and thus caused the accident. A driver who was talking on the phone, texting, or was otherwise distracted when driving will be accused of failing to act in a prudent manner, as expected of him in that particular situation.
When proving negligence, the plaintiff can use evidence from the accident, police reports, medical reports and even eyewitness testimonies. It is important to show not only that the driver was careless but also that the accident was indeed the cause of the damages and injuries.
We invite you to watch the following video for more information on bringing forward evidence in bicycle accidents:
The pure comparative fault rule in California
Plaintiffs in California involved in bicycle or vehicle accidents are still able to receive compensations even if they are also found at fault for the accident. This is known as the pure comparative negligence rule and California is one of the states that use it.
If the bicyclist also has some degree of fault, the judge will determine the percentage of fault and it will be deducted from the final settlement amount. California also has a statute of limitations of two years meaning that the plaintiff has two years from the date of the accident to make his/her legal claim.