A woman loses her life in a fatal bicycle accident in Huntington Beach recently as the trend for bicycle related injuries continues to increase. The woman was struck by a car while crossing the Pacific Coast Highway in Huntington Beach on her bicycle in the early morning hours recently. The accident occurred between Goldenwest and Seaport Streets on the southbound section of the highway.
When a bicyclist is fatally injured by a motorist, it is usually considered to be a wrongful death in California. While the accident is still under investigation, it is unclear whether the cyclist was crossing with the right of way, or may have contributed to the accident. These cases often come down to a negotiation of “contributory negligence.”
The Judge in this case of a fatal bicycle accident in Hunting Beach or the parties through mediation, arbitration or negotiation arrive at a balance of negligence between the parties. For example, in this case a car should never run into a bicycle, so the driver of the car may carry some negligence. However, if the bicyclist was crossing in the middle of an unmarked section of the freeway instead of a marked crosswalk, or with the right of way of a controlled intersection, she may have contributed to the cause of the accident.
The assignment of contributory negligence establishes a percentage of liability – for example “the driver of the car was 60% responsible for the negligence that caused the fatal accident. This affects the financial liability and compensation associated with the case.
If you or someone you love are injured in an accident involving a motor vehicle while riding a bicycle, or you have lost a family member in a fatal bicycle accident in Huntington Beach or anywhere in Southern California we invite you to review the strong recommendations of our former clients and the legal industry and contact the Law Firm of Rivers Morrell or call to speak with Rivers personally for a free and substantive consultation at (949) 305-1400.