Is the Motorist Always at Fault in A Riverside, CA Bike Accident?
Determining fault in a bicycle accident in Riverside, CA is not as clear-cut as it might initially appear. One might rationally assume that the motorist must be at fault in a bike accident. However, the driver is not always simply because a car struck a bicycle. Bicycle riders, like motorists, must follow the rules of the road. Even though a bicyclist is much more vulnerable to severe or catastrophic injury or even death if hit by a motor vehicle, the cyclist could be at fault for his or her injuries.
If you were cycling in Riverside and you suffered severe injuries, or a family member suffered catastrophic injuries or died in a bicycle accident, you could be eligible to receive a substantial financial settlement from the driver of the car that caused the accident. However, the driver’s insurance company will vigorously oppose your claim and try to avoid paying you any damages or reduce the amount of damages the company will pay by alleging the accident was your fault.
If you find yourself battling with an insurance company over the injuries you suffered in a bicycle crash, you need the law firm of Wagner & Pelayes, LLP fighting for you. Wagner & Pelayes’ bicycle accident attorneys possess the knowledge and skill to recover damages justice requires for your injuries.
Bicycle accidents, like most accidents in California, occur because one or more people involved negligently caused the collision. Negligence, simply put, is the breach of the duty of care owed to a person. Everyone on the road owes a duty of care to everyone else on the road to drive safely. If the breach of that duty results in an accident that caused injuries, then the person who caused the crash must compensate the injured party. Accordingly, a motorist owes the duty of care to a bicyclist to drive safely and not crash into the cyclist or cause the cyclist to crash by running him or her off of the road, as an example.
Comparative negligence in Riverside can work in the defendant’s favor to reduce the amount owed to the plaintiff for damages. The law of comparative negligence in California obligates the defendant to prove that the bicycle rider was negligent in some way and was a contributing factor to his or her injuries. Thus, an insurance company lawyer might argue that the bike rider was not following the rules of the road, was not paying attention, was not wearing appropriate clothing to be seen, or any other fact that might help reduce the amount of money the insurance company might ultimately pay the plaintiff.
Contact Wagner & Pelayes LLP today for Aggressive Representation
Call the Riverside bicycle accident lawyers with Wagner & Pelayes, LLP today at 951-686-4800 or toll-free at 1-866-748-8753. We speak both English and Spanish. Call our firm right away to get the assistance you need for your Riverside bike accident claim.