If you’ve been injured while out riding your bicycle, then you probably are wondering what avenue you can pursue to recover medical costs in your case. The truth of the matter is that it greatly depends on who police determined caused the crash.
Bicyclists can sue a driver for damages like medical costs if it can be proven that their negligence led to your injuries. This means that a motorist who fails to yield to your right of way and hits you in a crosswalk may have to pay for your medical costs and lost wages.
If evidence compiled by police suggests that your own negligence or reckless operation of the bike caused or contributed to the collision, this might impact your ability to recover damages in your case. At the very least, you may be accused of having played a contributory role in causing the accident. If you were labeled as such, this could greatly reduce the amount of damages you could recover.
Proving negligence is not an easy task. Instead, police rely heavily on bicyclist, motorist and witness accounts to determine what occurred leading up to the crash.
If evidence points to the fact that a driver crossed over the lines separating lanes or ran a stop sign before the incident occurred, they’re more likely to find that the motorist was liable for causing the crash. On the flip side of things, if a witness reports seeing a bicyclist riding down a one-way street in the wrong direction or failing to wait their turn to make a turn into traffic, the bicyclist may be deemed liable for causing their own crash.
In some cases, both parties may be found to have played a role in causing the crash. In such cases, comparative negligence may be assigned to both the motorist and the bicyclist. While the amount that can recovered in such cases is greatly reduced, it can still help cover some expenses you’ve amassed.
If you’ve been injured in a bike crash, a Los Angeles bicycle accident attorney can advise you of your right to recover damages.
Source: FindLaw, “Bicycle accidents,” accessed May 25, 2018