What Happens When a Cyclist is at Fault in a Car Accident in California?
In California, cyclists have the same rights and responsibilities as drivers when it comes to obeying traffic laws. However, when a cyclist is involved in an accident with a car, there is a risk that the cyclist may be found at fault due to their vulnerability on the road. Here, we will explore what happens when a cyclist is at fault in a car accident in California.
What Happens if You’re Involved in an Accident Where You Are at Fault?
First, let’s start with the basics. In California, there is something called “comparative fault.” This means that when two or more people share blame for an accident, each person is held responsible for their percentage of fault. For example, if you are deemed 40% at fault for an accident, you can only recover 60% of the damages from the other party.
However, there are a few exceptions to this rule. The first is if you are less than 50% at fault for the accident, you can still recover damages. The second exception is if the other party was engaged in illegal behavior at the time of the accident, such as driving under the influence.
Now that we’ve gone over the basics, let’s talk about how fault is determined in accidents involving cyclists. In these instances, it is often difficult to determine who is at fault because there are many variables to consider. For example, was the cyclist riding in a bike lane? Did the driver fail to yield to the cyclist? Was either party speeding?
All of these factors will be taken into consideration when determining who is at fault for an accident involving a cyclist and a car. However, it is important to remember that even if you are found to be at fault for an accident, you may still be able to recover damages from the other party, depending on the circumstances.
Bicycle Accidents Involving a Child
California Civil Code 1714.1 states that the liability of children for the purpose of civil liability may be shifted to the parent or guardian when the child is injured while they are carrying out work or recreational business under the parent’s supervision. This liability can be shifted to the participating parents or guardians if it is found that he or she failed to exercise ordinary care for their minor ward’s best interests. The guardian will then have all civil liabilities, including any medical liability, shifted to him/her.
How a Lawyer Can Help in Bicycle Accident Cases
If you have been involved in a bicycle accident, speaking with an experienced personal injury attorney is important. A skilled Bakersfield, CA bicycle accident lawyer can review the details of your case and help you determine whether or not the other party was at fault for the accident. Your lawyer will also work tirelessly to pursue maximum compensation on your behalf.
Here at Pathway Injury Law, we have helped numerous clients get the compensation they deserve after an accident. Whether you have experienced a bike versus car accident or another type of cycling accident, our legal team can help. Contact our office today to learn more about your options and how we can assist you during this difficult time.