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 only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
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.
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 thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.
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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
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.
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.
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!
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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.
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.
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.
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.
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.
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