Sacramento Bicycle Collisions
Sacramento Bicycle Collisions – Sacramento bicycle collisions in 2015 numbered around 231 that led to injuries and fatalities. These figures will be rising as cities institute bike sharing programs, and more people are discovering the cost-effectiveness, pleasure, and exercise afforded to those who ride. Let’s see who is at fault in bicycle accidents, what degree of liability do cyclist delivery jobs impart and the negligence that occurs when children are involved.
Who Is At-Fault in a Sacramento Bicycle Collisions?
Determining responsibility for a bicycle accident is a complex undertaking. At the heart of it is finding out whose negligence caused the crash. In some cases, it is the bicycle riders themselves since they are mandated to follow many of the same rules as motor vehicle drivers in California and safely operate their bikes. Bicycles are also used to deliver food and other items around the city, adding to the number of cyclists. Since the bicycle delivery gigs are generally using contract workers to provide the service, the liability rests with the cyclist and not the establishment that hires them when an injury or fatality occurs.
Motor Vehicle Liability in Bicycle Accidents
In the vast majority of cases, it is the operator of a motor vehicle who is liable in Sacramento bicycle collisions. Motor vehicles are divided into several different types, each of which has its own insurance category. For instance, the motor vehicle could be:
- A privately-owned vehicle
- An Uber classified vehicle
- A Lyft classified vehicle
- A delivery truck
- A garbage or construction vehicle
- A taxi or bus
Business Related Sacramento Bicycle Collisions
Motor vehicles that are used for business and are involved in bicycle accidents are considered work-related accidents. In these cases, not only is the driver liable for the crash but so is the company for whom they work. This is done under the doctrine of “respondeat superior” or vicarious liability. The difference between filing against a single driver insurance policy and that of a business is that the latter usually carries higher coverage. Also, the chance that the business-operated vehicle is underinsured or uninsured is less likely than it is with a private owner.
Damages in a Bicycle Accident
The most common damages that must be recovered in Sacramento bicycle collisions are for medical expenses and lost wages. Another includes the pain and suffering the cyclist experiences after the accident. However, the damage to the bicycle should also be included. Today, many bicycles are high tech and expensive. Even a more general bicycle’s monetary value can be high. The cyclist should be able to recoup such damages after an accident.
Children and Bicycle Collisions
Children are less able to take the same level of care and exhibit the same degree of judgment that adults do. Adults, on the other hand, are required to display an even higher level of care around children on bicycles. For instance, all motorists should slow down in areas where children are more apt to ride their bikes such as around a school or park or when out playing. If a motorist fails to do this and hits a child on a bicycle while speeding, their liability has increased despite the child’s activity.
Comparative Fault and Sacramento Bicycle Collisions
In California, motorists and bicyclists are held to the standard of comparative fault. This means that if both the motorist and the cyclist share the responsibility for causing the accident, they will share the percentage of damages that must be paid. Let’s say that the cyclist performed an illegal move and helped cause the accident. The cyclist, in this case, may be 40 percent responsible for the crash. Alternately, the motorist might be speeding and held responsible for 60 percent of the damage. The motorist would be obligated to pay 60 percent of the costs the bicyclist incurred due to the accident.
Bicycle Accident Attorney Sacramento
I’m Ed Smith, a Sacramento bicycle accident attorney. Bicycle collisions with motor vehicles can leave a rider with serious injuries, time away from work and medical expenses. If this happened to you or to your loved one, I am here to offer you free and friendly advice. Just give me a call at (916) 921-6400 locally or (800) 404-5400 if you are calling from elsewhere in Northern California. On my website, AutoAccident.com, I also have an online contact form if this is easier.
I am a proud member of Million Dollar Forum, which is a group comprised of top trial attorneys around the country who have won a verdict or a case settlement for a client in excess of one million dollars.
Over my 36+ year career as an injury lawyer, I have obtained fair compensation for many residents of Sacramento and the surrounding area in cases such as wrongful death, all types of car accidents and brain injuries.
It can be difficult to decide who to call when you or a loved one has been injured and is seeking legal representation. However, finding out more about a practice before calling can help. You are welcome to look over some of our previous cases and what others have had to say about my law firm at the following sites:
Photo Attribution: Depositphotos_93628166_l-2015
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