Have You Been Hit By a Car While Riding Your Bike?
Bicycling is a healthy, eco-friendly way to get around, but in busy California cities, it also comes with serious risks. When a crash occurs between a cyclist and a motor vehicle, the injuries can be life-altering. If you or someone you love has been hurt in a bicycle accident, it’s important to understand how liability is determined and what defenses may come into play in a personal injury claim.
Who Is Typically Liable in a Bicycle Accident?
Liability in bicycle accident cases depends on the specific circumstances of the crash. In many cases, the motorist is at fault for failing to yield, speeding, or not noticing the cyclist. However, liability isn’t always one-sided. Courts will look closely at both the driver’s and the cyclist’s actions leading up to the accident.
For example, a driver may be found liable if they:
- Opened a car door into a cyclist’s path (dooring)
- Failed to signal before turning
- Ran a red light or stop sign
- Were distracted or under the influence
On the other hand, a cyclist can also share liability. If the rider was biking at night without lights, ran a stop sign, or veered unpredictably into traffic, that could reduce the driver’s responsibility. In California, this is governed by comparative fault rules.
What Is Comparative Fault in Bicycle Injury Cases?
California follows a pure comparative fault system. This means that even if a cyclist was partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault.
Imagine a cyclist is hit while crossing an intersection, but they were riding outside the crosswalk. A jury may decide the cyclist was 30% at fault and the driver 70%. If the total damages were $100,000, the cyclist could still recover $70,000.
Because these percentages directly impact how much you can receive, proving fault clearly and accurately is crucial.
What Evidence Helps Prove Liability?
A successful bicycle accident claim often depends on strong evidence. This can include:
- Accident scene photos
- Police reports
- Medical records
- Surveillance or dashcam footage
- Eyewitness statements
It’s important to gather this information as soon as possible. Over time, evidence disappears and witnesses forget details. An attorney can assist in preserving critical documentation before it’s lost.
What Legal Defenses Might Be Raised?
If you pursue a claim, expect the opposing side to challenge your case. There are several common defenses used in bicycle accident cases.
First, they may argue that you were violating traffic laws or acting recklessly. Riding on the sidewalk, ignoring traffic signals, or weaving through stopped cars may be used to suggest fault. The defense could also claim your injuries were caused by something other than the accident, or that your injuries are not as bad as you claim.
Another tactic is to argue the assumption of risk. This suggests that by choosing to bike on busy streets, you accepted the possibility of injury. While this rarely eliminates liability altogether, it can impact the amount of damages awarded.
Lastly, insurers may attempt to minimize damages by questioning your treatment plan. They might say you waited too long to see a doctor or failed to follow medical advice, which could be used to reduce your compensation.
What Should You Do After a Bicycle Accident?
After a crash, your health is the priority. Seek medical attention, even if you don’t think you are badly injured. Some symptoms, like head trauma or soft tissue damage, can take days to appear fully.
Next, report the accident to the police and request a copy of the report. If you’re able, take photos of the scene, the vehicle involved, and your injuries. Get the names and contact details of any witnesses.
Avoid discussing fault at the scene or on social media. Even innocent comments can be used against you later. It’s also wise to speak with an attorney before accepting any insurance settlement.
How Can a Bicycle Accident Attorney Help?
Bicycle accident claims can be complex, especially when liability is disputed. An experienced attorney can investigate the crash, gather evidence, and handle communications with insurance companies. They understand how California’s comparative fault laws work and will fight to ensure you aren’t unfairly blamed.
At Geonetta & Frucht, LLP, we have decades of experience representing injury victims across California. We know how serious these cases can be, physically, emotionally, and financially. We work closely with you to understand the full extent of your damages, from medical costs to lost wages and long-term pain.
What Compensation Can You Recover in a Bicycle Accident Claim?
If someone else was responsible for your injury, you may be entitled to compensation for:
- Medical expenses (past and future)
- Lost income and reduced earning ability
- Pain and suffering
- Property damage (such as the cost of your bicycle)
- Emotional distress and loss of enjoyment of life
Each case is different, and your settlement will be impacted by the severity of your injuries and how they impact your daily life. A knowledgeable attorney can help estimate your potential recovery and negotiate on your behalf.
When Should You Talk to a Lawyer?
The sooner, the better. California has strict time limits for filing personal injury claims. In most cases, you have two years from the date of the accident. If you wait too long, your case may be dismissed.
Beyond deadlines, early legal guidance can prevent costly mistakes. Insurance adjusters may pressure you into low settlements or ask you to sign away your rights. A lawyer can protect you from these tactics and guide you through every step of the claims process.
What Should You Expect From Geonetta & Frucht, LLP?
When you work with us, you can expect clear communication, personal attention, and a team that truly cares. We don’t treat clients like numbers. We listen, we explain your rights, and we work hard to hold negligent parties accountable.
Our team has handled a wide range of personal injury claims, and we bring that experience to every case. Whether your crash involved a distracted driver, poor road design, or a defective bike part, we’re ready to help you pursue justice.
Are You Ready to Explore Your Legal Options?
If you were injured in a bicycle accident, don’t navigate the legal system alone. The sooner you get started, the better your chances of recovering fair compensation.
Reach out to Geonetta & Frucht, LLP today at 510-250-2743 for a free consultation. Let us help you take the next step forward.
