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 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 highly experienced Sacramento bicycle accident lawyer with Triumph Law can help you file a claim if the bicycle accident happened on private property and bring the at-fault party to justice.

Personal Injury vs. Premises Liability 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 of another, the liable party can be ordered to compensate the victim for their losses.

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.

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 they testify on your behalf at trial. You can rely on your legal team to assess the circumstances of your case and prepare accordingly.

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

The property owner’s duty of care under California Civil Code §1714(a) states that property owners have a legal obligation to ensure their premises are safe for invited guests and patrons. This 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 are well-maintained, safe from debris and hazards, and that dangerous areas are clearly marked as such to deter guests from potential injury or death.

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. 

The Elements of 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 car 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
• Breach of duty
• Causation
• Damages

The Open and Obvious Doctrine May Apply

The open and obvious doctrine under CACI No. 1004 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.

Sharing Partial Fault Could Affect Your Bicycle Accident Settlement 

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 California Civil Code §1714.

Here, even if you are partially responsible for your bicycle wreck, you can still move forward with your personal injury or premises liability claim. 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 California Vehicle Code §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 Leading 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 knowledgeable and trial-tested legal representative 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 dedicated 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.