Whether a California bicyclist sues a motorist, or a bicyclist is sued for causing someone else bodily injury, bicyclist negligence can determine the outcome or the ultimate result of the California lawsuit. Some examples of bicyclist negligence include riding the wrong way on a one-way street, running a stop sign, and turning abruptly into traffic; often due to lack of bicycle training or hand/eye coordination. All complete negligent bicyclists are unable to recover damages for injures they suffer in accidents involving other motorists. If they are "partly" negligent, then a different outcome may apply. Such negligence is called contributory or comparative fault (negligence), and California law recognizes this possibility. The meaning of this legalese is the bicyclist's negligence, or actions that put him or her at some fault, at least in part, caused the accident to happen, and thus helped cause some of the bicyclist's bodily injuries. If a bicyclist rode negligently, and this cause injury to someone else, then the bicyclist will bear some fault, or a share in damages. In accident cases involving children on bicycles, courts hold drivers to a higher standard and these cases can change in perspective. That is why we attorneys always say each bicycle injury case is so different from one another.
Unfortunately, California bicycle accidents involving automobiles and bicycles often involve serious injuries and can result in large liabilities/legal damages. Like other types of vehicle accident lawsuits, bicycle accident lawsuits often come down to the issue of negligence – specifically, whether the driver's negligence caused the accident and whether the cyclist's negligence caused or contributed to the accident. Many traffic violations (for both automobiles and bicycles) may constitute negligence. In most jurisdiction, and in California, failure to wear a bicycle helmet does not count as evidence of a bicyclist's negligence. Each fact of a case is reviewed to see what, if any, liability can be assessed, and to what degree.
Mark C. Blane is a San Diego Bicycle Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Pedestrian Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.