I got hit by a car while riding a bike on the wrong side of the street. Do I need to take the sole responsibility for injury?

Asked 9 months ago - Torrance, CA

The driver was coming out of the parking lot to turn to the right, without looking to the right and hit me on the bike. The car had no damage, but broke my leg by falling from the bike.

Attorney answers (18)

  1. Richard Marc Katz

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    Contributor Level 17

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    Answered . Sorry about your incident and your injuries. The most important thing right now is that you get proper medical care. I have handled cases similar to yours over the years. The fact that you were going "the wrong way" does not necessarily preclude you from making a claim.

    These "wrong way' bicycle vs. car accidents are factually driven, how fast were you going? How inattentive was the driver? Had you been a pedestrian walking quickly, would he have seen you? What time of day did the incident occur? What were the weather conditions like? Did the driver of the car have tinted windows? Was he on the cell phone? As you can see there are many factual issues that need to be examined.

    Do yourself a favor. You have a serious injury, consult with a personal injury attorney, familiar with car accidents. The sooner you set up a consultation the better.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  2. Malosack Berjis

    Contributor Level 20

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    Answered . No, you do not have "to take the sole responsibility" for the incident. There's something called comparative negligence, and it could very well apply to your case. Contact a personal injury attorney ASAP to assist you.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  3. Alan Ray Barnes

    Contributor Level 19

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    Answered . There may be comparative negligence on the part of the driver that will allow you to obtain some recovery. Consult with an experienced personal injury lawyer in your area who can review all the facts and give you a better-informed opinion. The "Find a Lawyer" tool above is a good place to start.

  4. Lawrence A Ajalat

    Contributor Level 11

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    Answered . No, in California, it is not "all or nothing" in terms of fault. If this went to a trial, a jury would be instructed to apportion fault, as in you were 50% at fault and the driver was 50% at fault. Likewise, in negotiations with an insurance company, apportionment would be discussed and negotiated. You should consult with an attorney for a further, and more in depth review of your potential case.

  5. Scott J. Corwin

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    Answered . The short answer is no. Before you accept any liability for the accident, you should with a doubt take a consultation with an experienced motor vehicle accident lawyer. Depending on the circumstances of the accident, you may be able to split liability and use a decent settlement to cover some of the lost wages from time spent away from work due to the accident. The fact of the matter is that with a free consultation you can get a better idea of your legal options.

  6. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . A driver has a duty to see what is there to be scene. You may have some share of legal responsibility. Do not hesitate to contact local and qualified counsel. Your injury is very significant. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  7. Sagar P. Parikh

    Contributor Level 20

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    Answered . You need to consult with an attorney who can handle this for you. You should not have to take sole responsibility.

  8. Robert Bruce Kopelson

    Contributor Level 20

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    Answered . See a lawyer asap. you may have some responsibility, but should not be 100% at fault.

  9. Armen Michael Tashjian

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    Answered . There is such a thing as comparative fault. That's why you need to speak with a lawyer.

  10. Christopher John Gansen

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    Contributor Level 18

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    Answered . CA law breaks down responsibility for the accident by percentage. Get a lawyer, though. You'll need one. A lot of firms,including mine, offer free consultations.

  11. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . No. You should have a local personal injury lawyer investigate a claim against the driver for your injuries.

  12. Michael Shemtoub

    Contributor Level 17

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    Answered . I wouldn't take sole responsibility of this accident! I had a case with the same exact facts and was successful in putting complete blame on the other person!

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  13. Anthony Janji

    Contributor Level 10

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    Answered . Fortunately for you, California is a comparative liability state, which means that you will be allowed to receive compensation for your injuries, proportionate to the percentage of the other parties liability. In other words, if you were 40% at fault and the other party was 60% at fault, you would be eligible for a 60% settlement.

  14. Robert Andrew Michael Burns

    Contributor Level 17

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    Answered . You've got some good advice but you also need to know that the side of the street you were on factors into negligence, if at all, if it breached your duty of care to yourself. That duty of care can be breached through "negligence per se (Latin for the throwbacks who won't find English to express themselves)" which requires violation of a law statute designed to protect you against the type of harm which occurred. The only way that I'd find negligence per se on your part is if you were ambushed by the car, as you could have been hit at that location worse coming from the opposite direction and you didn't say whether you saw the driver. Negligence on your part could be established if you did see the car and unreasonably failed to avoid/mitigate getting injured. Good luck.

  15. Patrick William Murray

    Pro

    Contributor Level 11

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    Answered . No. If you were negligent, you will be responsible based on your percentage of negligence in causing the accident. If another party was also negligent, they will also be partially responsible. In a situation like this, it is highly recommended to contact an experienced lawyer in the jurisdiction to discuss all potential claims.

  16. Patrick Gaherity Shea

    Contributor Level 2

    1

    Lawyer agrees

    Answered . Not necessarily. The conduct of the driver is relevant. You may ultimately be partially at fault (comparative fault), but you don't necessarily have to be the sole cause of the accident.

  17. Edgar Julio Gutierrez

    Contributor Level 7

    1

    Lawyer agrees

    Answered . No. Bicyclists are required to follow the rules of the road. So, driving on the wrong side of the street will likely affect your ultimate allocation of fault but it should not cause you to be held completely at fault. The driver is likely to be deemed responsible to some extent. Bottom line is don't accept any insurance company's liability determination without an evaluation from an experienced personal injury attorney.

    The responses provided at this site do not create an attorney-client relationship and are not intended as such.... more
  18. Benjamin Martin Andrews

    Contributor Level 11

    2

    Lawyers agree

    Answered . Unlikely. The driver may have some fault as well. You should contact a local personal injury attorney.

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