When you ride a bicycle in California, you assume a certain level of risk, especially on busy streets where lots of vehicular traffic exists. In some cases, bike riding can be a downright treacherous experience, even when you ride in a designated bike lane. The unfortunate reality is that bicycle accidents take place every day, despite taking every precaution to guard against it.
An experienced bicycle accidents attorney in Anaheim will need to prove negligence of the at-fault party so that a victim can collect a settlement. However, there are other avenues an attorney can pursue.
- California Vehicle Code violations
- Mechanical failure of a bicycle
- Dangers in construction zones that have not been clearly marked as such
- Recklessness on the part of the other party
- Bad faith actions by insurance companies
With so many options, if you are the victim of a bicycle accident, it is imperative that you retain the services of an attorney who is not only skilled in personal injury law, but specifically in California bike laws as well. With this type of knowledge on your side, you stand the best chance of winning the highest possible settlement for your case.
Applying Comparative Negligence in Bicycle Accidents
In California, there is a rule called “comparative negligence” that is used to help determine the amount of compensation due to a rider in a bicycle accident. It requires that a comparison of the amount of fault by each party be applied. For example, it may be determined that a bicycle rider was 25% at fault and a driver was 75% at fault in an accident. If the jury agrees that there was $100,000 in damages, the bicycle rider would be entitled to 75% of that amount, or $75,000. It is also known as an apportionment of fault.
Because of this concept, bicycle accident cases can be complicated and without the assistance of a skilled bicycle accident attorney, you may wind up with a settlement than is much less than what you case is worth.
Roberts Law Firm serves clients in the California cities of Newport Beach, Orange, Santa Ana, Irvine, Anaheim, and Riverside as well as serving clients throughout Los Angeles, Orange, and Riverside counties.