Bakersfield Teen Hurt in Bike Accident, But Who Must Pay?
Bicycle Rider Seriously Injured in Bakersfield Crash near Ming and El Portal
BAKERSFIELD, CA (March 17, 2023) – A teenage bicycle rider was seriously injured after a collision at El Portal Drive and Ming Avenue in Bakersfield on Friday, March 17. The incident reportedly happened at around 7 pm. According to the police, the collision occurred when the rider of the bicycle was riding in the area. The victim, who was 16 years old at the time of the incident, was taken to a local hospital with serious injuries. Bicycle accidents with teens can be fatal bicycle accidents, even days after hospitalization from when the accident happened.
Here, a car was driving west on Ming. The driver, who was not able to see the cyclist, then collided with him at the intersection. If the driver were distracted or not paying attention, then they would be presumed negligent per se if the statute was written to avoid the harm, the rider was in the class protected, and the harm occurred. If the kid was not paying attention and came out of nowhere, then it’s different. Either way, traumatic brain injuries often result from motor vehicle accidents involving kids, so let’s take a look at the potential personal injury claim here..
16-Year-Old Narrowly Avoids Wrongful Death Claim
Upon arriving at the scene, paramedics found a teen who had suffered from a serious injury. He was immediately taken to a nearby hospital for treatment. The police also noted that the motorist who hit the teen stayed at the bicycle accident scene. The collision forced the closure of El Portal and Ming roads by the California Highway Patrol as well.
The cause of this recent Bakersfield bicycle crash is still under investigation and there is no word on how the victim will pay his medical expenses in this Kern County bicycle accident. If you have any information, you can call 9-1-1. If it is an emergency, reach out to the BPD at 661-327-7111. From the basic facts so far, it looks like it could go either way, as there is no information about the right of way. So we are going to examine this based on a normal case review with arguendo.
Bakersfield Bicycle Accident Lawyer Analysis
In Kern County, California, fault in a bicycle accident will be determined based on ordinary negligence principles. Medical bills can be heavy and bankrupt some families living paycheck to paycheck. Bike accidents often mean long term hospitalization as well. The accident claim process can also be arduous and impersonal when dealing with a shady insurance claims adjuster trying to lowball you.
The rider or their parents will typically need to make claims for financial damages, including:
- Medical expenses
- Lost wages
- Pain and suffering, emotional suffering and distress.
Negligence and Comparative Negligence Explained
If several parties, including the victim are at fault, what they pay to the injured person will be reduced based on their comparative negligence percentage of fault. Hence, the judge may apportion fault between the parties involved in the accident. In this way, each party is theoretically held responsible for their share of the damages.
If the accident was caused solely by the negligence of the driver of a motor vehicle, then the driver would typically be responsible for all the damages. However, if the bicyclist was also partially at fault, then the responsibility for the damages would be shared between the parties in proportion to their level of fault. Here, the car driver admitted not being able to see the rider. So if the city did something wrong, such as poor lighting, or blocked the area, they can share some fault here.
But if the driver was distracted, then the driver is liable for the bike accident. The police report may or may not disclose all this information and the cops may be more concerned about blocking the bike lane and stabilizing the victims who need to seek medical attention.
It is important to note that California law requires all drivers to carry liability insurance, which can provide coverage for damages to others in an accident that the driver caused. Bicyclists are also allowed to carry liability insurance, although it is not required by law. This is how an experienced attorney will go about recovering compensation. You can’t get fair compensation in most cases with no insurance coverage from an insurance company.
If you have been involved in a bicycle accident in Bakersfield, CA, it is advisable to consult with a personal injury attorney before speaking with an insurance adjuster. When you want to recover compensation, you must act quickly. Before speaking with the insurance company it is wise to hire someone who can review the details of your case and provide guidance on your legal options for recovering damages, especially if you or a loved one has been critically injured.
Contact Ehline Law Bakersfield For Fatal Bicycle Accidents
Are you seeking financial compensation for a Buena Vista Road bike accident? Our accident lawyers are ready to help! If you have been injured because of driver negligence such as drunk driving, distracted driving, overspeeding, failure to yield, and reckless driving, call the legal team at Ehline Law Firm immediately at (833) LETS-SUE. Top trial attorneys are standing by to help those who seek representation from top rated personal injury attorneys. We also offer virtual consultations to get after the liable party today!
Ehline Law does not represent any of the victims or defendants above, and we take no joy in any loved one’s death or common injuries from riding. If you would like to add or contribute to this article or provide context about someone else’s negligence, please contact us.
Sources:
- Bakersfield Now
- Kern Golden Empire
James Johnson is passionate about educating the public about the myriad of individuals who are not following the rules of the road.His hope is to bring public awareness in order to change the laws to better protect our communities.
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