⭐【邓洪説法】Pedestrian and Bicycle Accidents: How California’s Comparative Negligence Impacts Compensation | Deng Law Center

Pedestrian and bicycle accidents are among the most devastating types of personal injury cases in California. When a car or truck collides with an unprotected person, the resulting injuries are often catastrophic—traumatic brain injuries, spinal damage, fractures, or wrongful death.

However, determining who is at fault is not always straightforward. California applies a legal doctrine called comparative negligence, meaning that multiple parties—including the injured pedestrian or cyclist—can share responsibility for an accident.

At Deng Law Center, we specialize in guiding clients through these complex claims. Our attorneys ensure that even when partial fault exists, victims still recover the maximum possible compensation under California law.

I. The Legal Foundation: Comparative Negligence in California

California follows a pure comparative negligence rule (California Civil Code §1714). This means:

• Each party is responsible only for their percentage of fault.
• Even if you were partially responsible (for example, jaywalking or failing to wear a helmet), you can still recover damages.
• Your total compensation will simply be reduced by your fault percentage.

For example, if a cyclist is found 20% at fault for riding outside a bike lane, and the total damages amount to $1,000,000, they can still receive $800,000.

Deng Law Center uses this rule strategically—emphasizing the other driver’s greater negligence through evidence and expert testimony to minimize your assigned fault.

II. Common Causes of Pedestrian and Bicycle Accidents

Pedestrian Accidents

• Speeding and distracted driving (texting or GPS use).
• Failure to yield at marked crosswalks or intersections.
• Running red lights or stop signs.
• Unsafe backing in parking lots or driveways.
• Impaired driving due to alcohol, drugs, or fatigue.

Bicycle Accidents

• Dooring accidents when drivers open car doors into cyclists’ paths.
• Unsafe lane changes or right turns into a cyclist’s lane.
• Failure to maintain a three-foot distance (California Vehicle Code §21760).
• Poor road conditions and lack of bike lane maintenance.
• Commercial vehicle negligence, especially in delivery or rideshare zones.

Each of these factors requires a detailed liability analysis—something Deng Law Center performs with precision using police reports, dashcam footage, witness statements, and accident reconstruction experts.

III. Shared Fault Scenarios: How Negligence Is Divided

Comparative negligence often applies in “gray area” cases. Here are common examples:

• A pedestrian crosses mid-block (jaywalking) but the driver was speeding.
• A cyclist fails to signal a left turn while a car makes an illegal lane change.
• A pedestrian walks at night in dark clothing, but the driver’s headlights were defective.
• A rideshare driver parked in a bike lane causes a collision.

In each scenario, both parties contribute to the event—but not equally. The challenge lies in quantifying fault, which directly determines your payout.

Deng Law Center meticulously constructs causation timelines, pairs visual evidence with speed analysis, and calls on human-factors experts to illustrate that the motorist’s negligence remains predominant.

IV. How Comparative Negligence Affects Compensation

Under this system:

• 100% fault = full recovery.
• Partial fault = proportionate reduction.
• Example: If you are 30% responsible, you recover 70% of damages.

This applies to both economic damages (medical bills, lost income) and non-economic damages (pain, suffering, emotional distress).

However, insurance adjusters often misuse comparative negligence to undervalue claims—arguing that victims bear excessive responsibility.

At Deng Law Center, our attorneys counter these tactics through forensic evidence and expert medical testimony. We demonstrate how the driver’s actions were the primary cause of injury, not the victim’s minor mistake.

V. Key Evidence for Pedestrian and Cyclist Cases

Winning comparative negligence cases depends on preserving evidence early. Crucial materials include:

• Surveillance or traffic-camera footage.
• Vehicle “black box” and GPS data.
• Cell phone records proving distraction.
• Skid marks and impact points.
• Medical imaging linking trauma to impact forces.

Deng Law Center dispatches investigators within 24 hours to secure this data before it disappears. We also work with biomechanical experts to translate physics and human reaction time into compelling courtroom visuals.

VI. Insurance and Settlement Complexities

Pedestrian and cyclist victims often face multiple insurance layers:

• At-fault driver’s auto liability policy.
• Employer’s commercial policy (if the driver was on duty).
• Uninsured/underinsured motorist (UM/UIM) coverage from your own policy.
• Municipal or government liability for defective roadways or malfunctioning crosswalk signals.

These cases require negotiation with several adjusters and strict compliance with notice requirements. Deng Law Center ensures no avenue of compensation is overlooked, filing timely claims with each entity and aggressively contesting lowball offers.

VII. Wrongful Death and Catastrophic Injury Claims

When pedestrian or cyclist fatalities occur, families can bring wrongful death and survival actions. Damages may include:

• Funeral and burial costs.
• Loss of financial support.
• Loss of companionship.
• Emotional distress and loss of consortium.

For survivors facing permanent disability, Deng Law Center coordinates life-care plans that calculate decades of future medical needs, home modifications, and assistive technologies.

VIII. The Role of Local Ordinances and Infrastructure

Cities such as Los Angeles, San Francisco, and Irvine maintain specific municipal codes governing pedestrian right-of-way and cycling safety. Violations of these codes can strengthen liability arguments.

For instance, failing to maintain crosswalk lighting or pothole-ridden bike lanes can trigger government liability under California’s Dangerous Condition of Public Property statute.

Deng Law Center evaluates every angle—public records, 911 logs, and maintenance reports—to identify hidden defendants beyond the driver.

IX. Case Study

A 42-year-old cyclist was struck by a rideshare vehicle turning illegally across a green bike lane in Pasadena. The insurer claimed the cyclist bore 25% fault for “speeding downhill.”

Deng Law Center obtained CCTV footage proving the driver failed to yield and was using a navigation app seconds before impact. Through expert reconstruction, fault was reduced to 5%, raising the client’s settlement from $450,000 to $855,000.

X. How Deng Law Center Maximizes Your Recovery

Our approach is proactive and data-driven:

• Immediate evidence preservation (video, phone records, vehicle data).
• Medical coordination with top trauma and orthopedic specialists.
• Comparative fault minimization through expert testimony.
• Aggressive negotiation with insurers and defense counsel.
• Trial-readiness that pressures defendants to settle at full value.

Every step reflects Deng Law Center’s mission—to restore dignity, stability, and financial recovery to victims of preventable harm.

Call to Action

If you or someone you love has been injured in a pedestrian or bicycle accident, you still have rights—even if the insurance company claims you share blame.

Let Deng Law Center fight for you. Our attorneys provide bilingual (English/Traditional Chinese) consultations and work on a contingency basis—no fees unless we win.

Contact Deng Law Center

📞 Phone: (626) 280-6000
🌐 Website: www.DengLawCenter.com

🏢 Rosemead Office: 8811 Garvey Ave, Suite 201, Rosemead, CA 91770
📍 Irvine Office: Consultations by appointment only