A mountian biking accident could be caused by a number of different factors. California is a comparative liability state, meaning that more than one person can he held liable for causing an accident. Just who can be held liable for your injuries as a result of that accident is dependent on the level of negligence that was contributed by each party involved.
Everyone owes eachother a duty of care when out on the road. This means that everyone owes one another the responsibility to engage on the road in a safe manner that follows the rules of the road and prevent accidents and injuries from happening.
When it comes to a mountain biking accident, the party at fault could be the mountain bike themself, a motor vehiclist, or the bike manufacturer.
Here are the different scenarios in which these different parties could be held liable for causing an accident:
- The cyclist themself could be liable for their own injuries if their own bike riding was reckless or negligent, such as if they were cycling without following the appropriate rules of the road, such as following traffic signals and riding on the correct side of the road.
- A driver of a motor vechicle could be held liable for the injuries of a cyclist injured in an accident if their reckless driving resulted in the accident. Examples of reckless driving in mountainous areas could include speeding or driving with broken lights.
- The bike manufacturer could be held liable for injuries resulting from an accident if they manufactured a bicycle with fault parts that contributed to the accident. In this case, it would require a thorough examination of the bicycle to determine manufacturer liability.
Who can be held liable for a mountain biking accident depends on the level of reckless or negligent behavior that a person contributes to an accident. Liability can be determined by an expert bike accident attoreny.