Who is liable in a bicycle accident?
Multiple parties can be at fault for a bicycle or e-bike accident in California, which can affect how much compensation you receive and who you seek compensation from. Potentially liable parties for bike accidents in California include:
- Negligent drivers
- Vehicle owners
- Employers of negligent drivers
- Bike and e-bike manufacturers
- Makers of faulty helmets
- Other cyclists
- Local road authorities
Bicycle accident liability depends on numerous factors, including the parties involved, the nature of the crash, and various causes or contributing factors in the collision.
Negligent Drivers
If a commuter, truck driver, or Uber/Lyft driver is speeding, reckless, distracted while driving, or driving under the influence of drugs or alcohol, they can be held liable for causing a bicycle or e-bike accident.
Vehicle Owners
If the owner of a car, pickup truck, SUV, or van lent their vehicle to another person who caused a bike accident, the vehicle owner could be held liable for contributing to the accident.
Employers of Negligent Drivers
Rideshare companies, trucking companies, and delivery companies can be held liable if their policies encourage reckless behavior from their drivers or if the company failed to identify red flags in hiring a driver.
Bike and E-Bike Manufacturers
Bicycle and e-bike makers can be held responsible for design flaws, poor quality control issues, unsafe speed controls, battery fires, or problems in manufacturing.
Makers of Faulty Helmets
Bike helmets are supposed to mitigate injuries in a crash. If a bicycle helmet is poorly designed or manufactured using low-grade materials, the makers of the helmet could be held liable for putting profits over public safety.
Other Cyclists
If another cyclist is reckless, aggressive, or biking under the influence (California Vehicle Code 21200.5), they can be held liable for injuries to other cyclists.
Local Road Authorities
When state and local governments fail to maintain roads or address known safety issues on major roads, government entities and road authorities can be held liable for their role in a crash.
Danko Meredith has handled two major cycling accidents that involved issues with road design and road safety:
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- $9.5 Million Verdict in a Fatal Accident Involving a Cyclist: A 62-year-old Bay Area man was hit by a car while crossing El Camino Real. Our attorneys discovered that the crosswalk where the man was hit was deemed unsafe for cyclists and pedestrians due to obstructed views of oncoming traffic.
- $2.2 Million Judgement for a Cyclist’s Brain Injury: A 41-year-old cyclist in Hawaii suffered a traumatic brain injury (TBI) after riding over a base mount for a reflector pole that had been missing for months. Our lawyers found that the road was unsafe due to the presence of these reflector polls in the path of cyclist traffic.
You Can Still Seek Compensation If You Were Partly Liable in an Accident
If you were partially at fault in a bicycle or e-bike accident, you can still seek compensation for your injuries, damage to property, medical bills, and loss of income. This is because California operates under a pure comparative negligence rule.
Under pure comparative negligence, you can seek compensation even if you were partly or mostly at fault in a crash. Your compensation would be reduced by your share of liability in the accident.
Many insurance companies will try to ascribe more blame to cyclists in a collision in order to reduce their payouts. The Redwood City bicycle and e-bike accident attorneys at Danko Meredith can help you push back against these claims and seek maximum compensation.