A Drunken Palm Springs bicyclist accident victim gets a six figure settlement by Attorney Barry Regar. In this case the bicyclist was riding across East Palm Canyon from North to South on his bicycle at night without a headlight on the bike. He had made it across 3 lanes of traffic when he was hit and knocked up into the air by an Eastbound Mercedes in the eastbound curb lane. Three law firms rejected the case because the police report found the injured cyclist to be at fault for riding his bike while under the influence of an intoxicating beverage, failing to have a headlight, and failing to yield the right of way to an oncoming car close enough to constitute a hazard. The attorney at Barry Regar APLC interviewed the bicycle accident victim and learned that he had suffered a serious leg fracture requiring surgery and the insertion of a metal rod. He had other injuries that were not as serious or permanent. The attorney had noted that the police agencies investigating Coachella Valley auto accidents involving Palm Springs pedestrian accidents or bicycle accidents resulting from crossing Palm Canyon often result in the traffic officer finding fault with the cyclist or pedestrian. In this particular case the driver of the Mercedes didn't see the cyclist until his passenger yelled, "Watch out". Also a driver in another car following the Mercedes saw the cyclist in the lane to the left of the curb lane before he was struck by the Mercedes on the right front of the Mercedes. The bike was a few feet from the South curb of East Palm Canyon at the moment of impact. The driver of the Mercedes told the officer that he slammed on his brakes after he finally saw the bike and rider. The witness following the Mercedes told the Barry Regar Law Firm lawyer that he never saw the Mercedes brake lights come on before the accident occurred. Our case against the Mercedes driver was based on the fact that he should have seen the bicyclist at an earlier time than he did and he must have been distracted while driving which can be negligence under these facts.
So it appeared that what originally seemed to be an accident caused only by the bike rider was in fact caused by the bike rider's negligence and the combined negligence of the Mercedes driver. This was a situation in which the legal concept of Comparative Negligence was applied. This meant that this accident had two causes that combined to create the accident event. Thus under California law the bike rider was entitled to receive some of the damages he suffered in the accident. The potential value of his case was reduced by the proportionate share of fault that could be attributed to the bike rider. The insurance company and their attorneys recognized that Attorney Barry Regar would have valid arguments and facts to present to a jury and eventually agreed to a reasonable money settlement during a traffic accident case mediation hearing.. Have your accident case reviewed today during a free consultation with an attorney at Barry Regar APLC. We don't use paralegals.