Bicycle Accident Cases And Auto Accidents
Drivers of cars, trucks, and motorcycles, have to share the roadway with
bicyclists as they all compete for space on the streets of the Coachella
Valley. I have noticed more
auto accidents
in Palm Springs and Palm Desert involving bicyclists than in Indio and
the East end of the Coachella Valley. Since bikes are no match for cars,
trucks, or motorcycles, the bicyclists are often seriously injured nationally
by the thousand, and hundreds perish each year resulting in
wrongful death
insurance claims. As a Palm Springs and Palm Desert personal injury attorney
litigating insurance claims for the injured bicyclists I have noticed
that jurors seem to be prejudiced against the bicyclists. According to
the National Highway Traffic Safety Administration in 2009 630 bicyclists
were killed and more than 51,000 were injured in crashes with motor vehicles.
For various reasons it seems that many jurors come to court with opinions
that bicyclists who are injured in car crashes and do not use helmets
are simply reckless. They are correct in my opinion even though I am a
Palm Springs personal injury lawyer who has represented bicyclists injured
in accidents because the driver of a car involved in the accident was
negligent. If the bicyclist suffered a serious head injury in the crash
and was not wearing a helmet, the jury could easily reduce the damage
award to the injured Plaintiff if it was proved that the helmet would
have prevented the serious head injury. This concept of apportioning fault
to the cyclist without a helmet is called comparative negligence. This
means that the driver of the car who was negligent may have caused the
accident; but the cyclist without a helmet was negligent in not wearing
a helmet. Also jurors in cities probably have had negative experiences
with bicyclists weaving in and out of traffic or riding at very slow speeds
in traffic lanes. So I advise bicyclists to wear helmets and to be extremely
careful when they are riding on the roadways in the Coachella Valley because
juries are tough on bicyclists. Call Barry Regar the Coachella Valley
personal injury lawyer right now if you have any Personal Injury questions.
The consultation is free and I can help you.
Posted By
Barry Regar APLC
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