California weather is ideal for trotting around on your bicycle, but how safe is it? Bicycles are comparatively smaller than other motor vehicles, so being in a bicycle accident is quite common in California. Even though California roads have separate lanes for bicycles, accidents can happen due to someone else’s fault. In that case, you can get compensated after filing a personal injury claim. But what happens when you are partially at fault for the bicycle accident? Are you entitled to get compensated? Yes, but the compensation will also be partial.
If you are a victim of a bicycle accident where you are partially responsible, make no delay and contact Sarraf Law Firm to know your rights.
Partially responsible? Know these few things
The California law dictates that bicyclists have the same rights and duties as other motor vehicles on the road. This mainly means that they are subjected to the same rules and regulations as other motor vehicle drivers. The California Department of Motor Vehicles states that the rights and responsibilities of bicyclists on a public roadway are similar to cars, motorcycles, and trucks. Therefore, It can often be difficult to determine responsibility or fault in a bicycle accident. Even if you are partially held responsible in the accident where you have suffered injuries, your right to file a personal injury claim remains.
Being partially at fault does not mean that you will be absolved from getting compensated. You need to know a couple of crucial steps after being in a bicycle accident. You can suffer both physical and financial damage. But since you have been partially responsible, you might doubt the strength of your case to get compensated fairly. It can be complex to determine the party at fault, but a personal injury lawyer can make things easier.
How is fault determined?
Consulting a personal injury lawyer to investigate a partially-at-fault accident is the best decision that you will make. This is primarily to determine the total compensation value that you can recover. A lawyer will determine fault in such cases by investigating each person’s degree of responsibility while the accident occurred.
A personal injury lawyer focuses on understanding the degree of reasonable care that each party in the accident must have had at the time of the accident. This is defined by the tort law referred to as comparative fault. Comparative fault or responsibility determines the degree of fault of each party in a personal injury lawsuit. Comparative fault is what defines the amount you can recover from a personal injury claim.
Will you be compensated?
You have the right to file a personal injury claim and get compensated for your damages in all possibilities. However, the amount of compensation that you can recover in a partially at fault bicycle accident differs in each case. Based on comparative fault, a personal injury lawyer will evaluate the amount you can recover for your physical and financial distress.
Remember to consult a personal injury lawyer before contacting the insurance company. It is because the insurance company will make desperate attempts to reject your claim or deny the deserved amount, especially in such accidents. A lawyer will help to make your case robust and get you the deserved compensation.
Protect and preserve your legal rights
If you were injured in a bicycle accident where you have been partially at fault, you deserve to know your compensatory rights. At Sarraf Law Firm, we understand the severity of injuries that bicycle accidents can cause. Do not worry even if you are partially responsible because we protect and preserve your legal rights to get compensated.