Can I Still File a Claim if the Bicycle Accident Happened on Private Property?

When you are struck by a car while biking, the injuries you sustain could be severe. Fortunately, when someone else’s negligence causes your injuries, you can hold them accountable and recover the fair compensation you need to cover your costs and begin rebuilding your life. However, if the collision occurred on private property, you may have concerns that you do not have the right to file a claim.

On the contrary, the location of the bicycle accident can help prove the defendant’s liability. In cases like these, multiple parties may share fault for your damages. Your Sacramento bicycle accident lawyer can help you file a claim if the bicycle accident happened on private property and bring the at-fault party to justice.

Can I File a Claim Against the Property Owner’s Insurance?

Yes, in many situations, you can file a claim against a property owner’s insurance after a bicycle accident on private property. Property owners have a legal duty to maintain reasonably safe conditions for visitors, including cyclists who are lawfully present. If hazardous conditions, such as uneven pavement, poor lighting, debris, or inadequate signage, contributed to your accident, the owner’s liability insurance may cover your injuries.

However, these claims often depend on whether the property owner knew or should have known about the dangerous condition and failed to address it.

If you have questions regarding your bicycle accident and are seeking compensation from the insurance companies, contact Triumph Law. The attorneys with our law firm can help you determine the strengths and merits of your case.

Personal Injury vs. Premises Liability in Bicycle Accident Claims

When a bicycle accident, pedestrian accident, or any type of motor vehicle wreck happens on private property, the accident may be considered a premises liability case. Premises liability claims are one type of personal injury case. Here, when one party’s negligence is responsible for causing the injuries or damages to another, the liable party can be ordered to compensate the victim for their losses.

When We File a Premises Liability Claim for Your Bicycle Accident

With bicycle accident cases, claims will proceed much in the way a personal injury lawsuit would, depending on the circumstances of your case. For example, if the property conditions where the bicycle accident occurred contributed to your accident, it may be considered a premises liability claim. If this happens, certain rules and regulations may apply, such as the “open and obvious” doctrine.

When We File a Personal Injury Claim for Your Bicycle Accident

However, if your bicycle accident was caused by a negligent driver and just happened to occur on private property, it may be treated similarly to any other type of motor vehicle accident case. The property owner may not have anything to do with your lawsuit unless your attorney requests that they testify on your behalf at trial.

You can rely on your legal team at Triumph Law to assess the circumstances of your bicycle accident, gather the evidence necessary to pursue compensation, and prepare your claim accordingly.

What is the Property Owner’s Duty of Care in California?

The property owner’s duty of care under California Civil Code §1714 states that property owners have a legal obligation to ensure their premises are safe for invited guests and patrons. This legal standard means the property owner is responsible for the safety and well-being of anyone who is visiting their property with permission. It is up to the property owner to ensure the premises deter guests, including cyclists, from potential injury or death.

Properties should be:

• Well-maintained
• Safe from debris and hazards
• Dangerous conditions are clearly marked

With the lack of protection that other motorists enjoy, cyclists are at a greater risk of suffering catastrophic injuries. In fact, there were approximately 145 bicycle fatalities in 2023, according to the California Office of Traffic Safety (OTS).

Are There Exceptions to the Property Owner’s Responsibilities?

However, the property owner’s duty of care does not apply in every case. Property owners are not typically held responsible for the injuries or damages caused when an individual is injured while trespassing.

For example, if your bicycle accident happened on private property when you crashed into a pile of lawn debris, but you were on the property without permission, it may be difficult to hold the property owner accountable. 

How Do I Prove Negligence in a Bicycle Accident Case?

When filing a bicycle accident claim that occurred on private property, proving negligence will be essential. You will need to rely on your bicycle accident attorney to carefully investigate the cause of the accident and uncover the identities of all those who contributed to the collision.

The elements of negligence can be found within the California Civil Jury Instructions and can be surmised as follows:

• Duty of Care: The property owner’s, business manager’s, or tenant’s legal obligations
• Breach of Duty: The moment they violated their obligations and did not address a known hazardous condition
• Causation: The accident that occurred, which led to your injuries
• Damages: The financial losses, physical injuries, and emotional distress you experienced

Proving each element of negligence requires evidence, such as police reports, medical bills and records, photos and videos, witness statements, and possibly, expert testimony. With that evidence, we can build your claim and seek compensation for your lost wages, medical expenses, and pain and suffering.

When Does the Open and Obvious Doctrine Apply?

The open and obvious doctrine under California Civil Jury Instructions (CACI), series 1000, No. 1004, Obviously Unsafe Conditions, is designed to protect property owners in the event of an accident on their premises. The best way to understand how the open and obvious doctrine works is to apply it to a real-life scenario. Let’s take a look at an example.

Let’s say you were riding your bike on private property and there were notices posted on the fence surrounding the premises that conditions were unsafe. Under the open and obvious doctrine, the hazardous conditions have been declared as such, and you would have assumed responsibility for your own safety and well-being. When this happens, the property owner is no longer responsible for the actions of individuals on their premises.

What if I’m Partially at Fault for the Bicycle Accident?

It is not unusual for bicycle accident victims to be accused of sharing responsibility for the collision. In fact, liable parties in virtually any type of accident have been known to blame the victim. Fortunately, California follows pure comparative negligence laws under CIV §1714.

Even if you are partially responsible for your bicycle wreck, you can still move forward with your personal injury or premises liability claim under comparative fault. However, you should expect your settlement to reflect a partial fault deduction. The amount that will be taken out of your settlement will correlate with your percentage of blame.

For instance, if you were riding your bike without a helmet when you were struck by a drunk driver in a private driveway, the defense might argue that you share the blame for your injuries because you were not wearing a helmet. California has bicycle helmet laws for riders under the age of 18 under VEH § 21212. If you were found to be 5% responsible for the injuries you sustained, you could expect your settlement to show a 5% deduction.

Connect With a California Bicycle Accident Law Firm for Help Today

When a bicycle accident occurs on someone else’s property, it may complicate the personal injury claims process. However, when you have a personal injury attorney on your side, you can breathe easier knowing our team is putting our experience and resources to work for you. We will do everything possible to ensure the property owner, the driver who hit you, and other liable parties are held accountable to the fullest extent of the law.

Turn to a bicycle accident attorney with Triumph Law, whom you can rely on. Our firm is proud to provide free consultations to bicycle accident victims throughout Sacramento, Rancho Cordova, El Dorado Hills, and surrounding communities. Take control of your claim by filling out our quick contact form or calling our office to get started as soon as today.