Breaking Down a Bicycle Accident Claim

Most bicycle accident claims are based on the concept of negligence, which is basically a lack of care. That lack of care is usually a failure to properly look out for bicyclists, usually because the tortfeasor (negligent driver) was impaired or driving aggressively. More on that below. Bicycle crash injuries are usually catastrophic. Because these victims have basically no protection from oncoming vehicles, they usually sustain head injuries, broken bones, and other potentially disabling injuries.

If the driver was negligent, a Carlsbad personal injury lawyer can obtain substantial compensation for victims in court. They need this money to get proper medical treatment. They deserve it because the accident wasn’t their fault. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, in a few extreme cases.

Ordinary Negligence

In California, an ordinary negligence bicycle accident claim has basically four elements. A San Marcos personal injury lawyer must prove each element by a preponderance of the evidence (more likely than not).

• Duty: The duty of care is a legal version of the story of the Good Samaritan. This man went out of his way to help an injured traveler. Likewise, motorists must go out of their way to avoid bicycle accidents. Bicyclists have the same right to use the road as all other motorists.
• Breach: Drivers breach their duty of care when they drive aggressively (speeding, turning unsafely) or while impaired (under the influence of alcohol or drugs). Not every driving mistake is a breach of duty. If Sam was traveling 5mph over the speed limit when he hit Rachel, most jurors wouldn’t consider Sam’s excessive speed a breach of duty.
• Cause: California is a substantial cause state. The breach must substantially cause the victim’s injury. Environmental or pre-existing health conditions sometimes contribute to bicycle wrecks or bicycle injuries. Legally, there’s a significant difference between a substantial and a contributing cause. Many factors contributed to 9/11. Al Qaeda terrorists substantially caused it.
• Damages: Usually, to collect the aforementioned compensation, the victim must suffer a physical injury or property damage. In some cases, compensation for pure emotional distress in a near-miss bicycle accident might be available, usually through a legal theory called negligent infliction of emotional distress.

In many cases, a San Marcos personal injury lawyer holds a third party financially responsible for bicycle accident damages. For example, employers, like Uber, are generally responsible for damages if their drivers or other employees were negligent during the course and scope of employment.

Negligence Per Se

Drivers are also negligent if they break a safety law, and that violation substantially causes injury. We discussed substantial/contributing cause above. The safety law could be a state law or a local ordinance.

The negligence per se rule usually holds up in court even if the tortfeasor (negligent driver) beats the DUI or other case in criminal court. In civil cases, civil juries determine all the relevant facts.

Bicycle accident evidence is essentially in both ordinary negligence and negligence per se claims. Usually, there’s a direct relationship between the amount of evidence victims present and the amount of compensation jurors award.

Rely on a Savvy San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.