Road users in California will always be at risk of suffering injuries in accidents regardless of the form of transport. However, a victim of a bike crash will likely suffer more severe injuries than a person who has the protection of a car. Bicycle accidents sometimes result in catastrophic injuries such as brain trauma and internal injuries that may even be fatal. The circumstances of a bicycle accident will determine financial liability in a resulting civil lawsuit.
The California Highway Patrol responded to an accident in which a bicyclist was struck by a car. According to a CHP spokesperson, the incident took place in Miramar when a vehicle operator approached Highway 1 from another road. Wanting to turn onto the highway, a female driver reportedly stopped and checked for oncoming traffic but failed to see a bicyclist who was traveling northbound on the southbound shoulder. The woman proceeded to turn and struck the bicycle.
The bicyclist’s family reported that he was hospitalized with internal bleeding and a concussion. The CHP officer reportedly considered both the vehicle driver and the injured bicyclist at fault. A driver is responsible for keeping a proper lookout, and the bicyclist must follow the rules for other road users and refrain from riding on the wrong side of the highway.
Although the injured victim of this bike crash has the right to pursue financial relief by filing a personal injury claim against the vehicle operator in a civil court, a percentage of fault will be assigned to each party. California follows the standard of pure comparative negligence when considering a monetary judgment. This means that any percentage of fault on the part of the plaintiff will be deducted from the amount of damages awarded to him.
Source: hmbreview.com, “Bicyclist injured in Miramar accident”, Carina Woudenberg, Jan. 27, 2016