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  • By: Moss Bollinger
  • Published: February 13, 2024
A man with a broken leg sits on the road next to a car - Moss Bollinger LLP

In this article, you can discover:

  • The impact of comparative fault on settlement amounts in bicycle accidents.
  • Legal avenues for injury claims without direct vehicle collision.
  • The correlation between injury severity and settlement size.
  • The influence of safety gear use on potential settlement outcomes.

If I Was Partially At Fault For The Bicycle Accident, Will That Reduce My Settlement Amount In California?

In California, the concept of comparative fault plays a significant role in determining settlement amounts in bicycle accidents. If a bicyclist is found partially at fault, their recovery amount can be proportionately reduced.

For instance, if a bicyclist is deemed 25% responsible for an accident due to incorrect lane usage and the total damages awarded are $500,000, the bicyclist’s recovery would be reduced to $375,000. This reduction reflects their share of fault in the accident.

However, even with partial fault, pursuing a personal injury claim is advisable, especially if the motorist bears a greater degree of responsibility. This is crucial as it relates to significant financial impacts from injuries and life alterations caused by the accident.

Can I Still File A Personal Injury Claim If I Was Not Struck By A Vehicle On My Bicycle, But Was Run Off The Road And Injured?

Yes, you can file a personal injury claim even if there was no physical collision with a vehicle. If another driver’s actions, such as speeding or erratic driving, forced you off the road, leading to an injury, legal action is warranted.

It’s essential to document the incident comprehensively, including obtaining a police report and gathering witness information. If the other driver remains unidentified, uninsured, or underinsured, motorist coverage on your insurance can be utilized. Documenting the scene, injuries, and witness accounts is vital in these situations to strengthen your claim.

Does The Severity Of The Injury I Sustained In My Bike Accident Influence The Settlement Size?

Generally, the severity of the injury impacts the settlement size in bicycle accident cases. Catastrophic injuries like spinal cord damage, brain trauma, or amputations usually result in higher settlements compared to less severe injuries.

However, the impact of the injury on one’s daily life, including the ability to perform routine tasks, work, and care for family, is also a significant factor. The overall effect on your life, including physical and lifestyle changes, will influence the settlement amount.

Additionally, the responsibility percentage between the cyclist and the driver is a crucial determinant. Even with severe injuries, a cyclist’s high fault percentage can considerably reduce the settlement amount.

If I Was Not Wearing Any Safety Gear While Riding My Bicycle, Could That Limit My Potential Settlement?

In California, the absence of safety gear, like helmets, can influence the settlement amount due to comparative fault considerations. The law does not mandate adults to wear helmets, but if the lack of safety gear significantly contributed to the injury’s severity, it could impact the settlement.

The relevance of safety gear depends on the nature of the injury. For instance, not wearing a helmet might not affect the settlement if the injury is unrelated to head trauma.

Are There Other Factors That Might Limit My Settlement In A Southern California Bicycle Accident Case?

Several factors can influence the settlement value in a bicycle accident case. These include medical expenses, both current and future, loss of income, additional costs like hiring help for household tasks, and the overall impact on your quality of life.

Pain and suffering, changes in family dynamics (like loss of consortium), and your comparative fault in the accident are also crucial determinants of the settlement value. A comprehensive evaluation of these factors is essential to determine the potential settlement amount.

How Can I Assist My Bicycle Accident Attorney In Securing The Best Possible Settlement For My Case?

To assist your attorney effectively, it’s important to take several steps immediately after a bicycle accident. Ensure your safety first, then contact emergency services and police to file a report. Seeking medical attention promptly is crucial, even if injuries seem minor initially. Collecting evidence at the scene, such as photographs and witness information, is vital.

Engaging a personal injury attorney early in the process can be beneficial, as they can guide you in dealing with insurance companies and legal procedures. Documenting every aspect of your experience post-accident, including pain levels, medication intake, and changes in your daily life, is essential. This documentation will significantly aid in accurately presenting your case and securing a fair settlement. For more information on Settlements In A Bicycle Accident Injury Claim, an initial consultation is your next best step.

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