Goleta, CA asked in Car Accidents and Personal Injury for California

Q: I’m in California and was hit by a car on my bike, I’m wondering who is at fault?

I was on my bike just leaving my house, it was on a tiny one way street that I was going the opposite direction on. He pulled out of a driveway turning right and I tried to avoid him, but he turned extra wide and didn’t see me or didn’t stop for whatever reason until he hit me. I was knocked off the bike, the bike was broken and my glasses broken.

3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Sounds like your fault. You were going in the wrong direction on the street. He was looking to his left, turning right, because that is the direction from which traffic would be expected. I suppose that you have an argument that he should have looked to his right as well because of the potential of pedestrians and that, had he done so, he would have seen you. This is not an easy case and, in the absence of serious injuries, I don't think you will find much legal help. If all you want is the cost of your bicycle and glasses, give up now. Your actual recovery will be reduced by your percentage of comparative fault, which will be steep. Unless you were riding a $10k Italian racing bike, your potential recovery won't be worth pursuing, even if you win.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED

YOU MAY WANT TO CONSIDER SMALL CLAIMS AS I DOUBT MANY LAWYERS WOULD TAKE THIS ON A CONTINGENCY.

LIABILITY ALSO LOOKS QUESTIONABLE.

WHATEVER THE VALUE YOU SHOULD EXPECT IT TO BE REDUCED BECAUSE OF YOUR COMPARATIVE NEGLIGENCE.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Contact a membe of the CAOC in your county as they give free consults, can advise you on any injury case. Get your glasses fixed and get a bill. Hopefully your insurance will cover that. Get an estimate for the bike.

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