Most bicycle accident personal injury claims and lawsuits involve impacts with motor vehicles, but sometimes, they involve one bicyclist crashing into another bicyclist. If you were the victim of an accident when another bicyclist crashed into you, compensation for your injuries and damages might be available. It’s not the other bicyclist’s auto insurer that would compensate you though. If he or she has homeowners, condo or renters insurance, one of those would likely be the source of any compensation that you might receive.
The Legal Rules
In the context of proving negligence, whether you’re riding on the streets, paths or trails, there is a general duty of care that others must observe. They’re required to use due care and caution for the safety of the person and property others under the circumstances, including other bicyclists. In a case involving two bicyclists, both of them might be injured, but only one of them might be compensated for their injuries. A rider might even be compensated if he or she was partially at fault for the accident. That’s known as the law of comparative negligence. Here’s how it works.
If one rider is partially at fault for an accident and brings a personal injury claim or lawsuit against another rider, an affirmative defense that the claimant was partially at fault for the crash might be raised. Since that’s a question of fact, a jury would consider the allegation, and if it finds that the claimant was indeed partially at fault, it will attrubute a percentage of negligence to that claimant. His or her award would be reduced in a sum equal to the percentage of negligence that the jury assigns. For example, if the claimant is found to be 30% at fault for an accident, an award of $100,000 would be reduced to $70 ,000.
More than one source of compensation for your injuries and damages might be available. If you suffered injuries in a bicycle crash with another bicyclist anywhere in Los Angeles County, call 911, ask for both police and paramedics to be dispatched to the scene. Have paramedics transport you to an emergency room and contact us right away after that to arrange for a free consultation and case review. Our practice is concentrated on bicycle accidents and injuries, and we’re well-positioned to offer you the help that you need.
Contact a Bicycle Injury Lawyer
Los Angeles Bicycle Law represents bicyclists because we are bicyclists. We know first-hand how rewarding, yet dangerous, cycling can be in the Los Angeles area. Even though the law treats bicyclists with the responsibilities and rights of a motor vehicle, the road itself offers far fewer protections. That is why we actively fight to protect bicyclists in our community. If you have been injured in a bicycle accident in Los Angeles, contact Los Angeles Bicycle Law today.